Features

Why You Must Find Something to Love About Your Client
Tuesday, November 6th, 2018

A jury of 6 or 12 will decide the fate of this human life you have in your hands. “Yeah, but the charge is Continuous Sexual Abuse of a Child, and I have children. I can’t get past the charges.” If that is the inner voice you hear, get to know your client—not just a little bit, but a lot.

Mental Illness and Criminal Defense
Tuesday, November 6th, 2018

Twice during my years practicing law, situations arose in other parts of the country, and were reported nationwide, in which it became public knowledge that a lawyer representing someone accused of abduction and murder knew quite literally where the body could be found and did not disclose it.

Pat Priest: A Profile in Judicial Courage
Tuesday, November 6th, 2018

A. Just call Priest.

The following scenario played out hundreds of times in the Bexar County Courthouse over the last four decades: Some thorny issue of substance or procedure would arise during a trial or hearing, and the judge would call a brief recess to solve the problem.

When Does a Driver Have to Submit to a Law Enforcement Officer’s Request to Take a Breath or Blood Test? What Every Driver Should Know
Tuesday, November 6th, 2018

In Texas, there appears to be significant confusion among citizens, law enforcement, and even lawyers as to when it is proper for a law enforcement officer to ask for a breath or blood specimen.

Shout Outs
Tuesday, November 6th, 2018

A big shout out to Reagan Wynn and Gary Medlin of Fort Worth and the entire team at the Innocence Project (and particularly Nina Morrison) for giving an innocent man back his life after 20 years of being labeled a murderer. In Reagan’s words:

Tuesday, November 6th, 2018

On June 28, 2018, the Supreme Court granted Terance Martez Gamble’s Petition for Writ of Certiorari. The question presented: whether the Court should overrule the “separate sovereigns” exception to the Double Jeopardy Clause. Gamble was involved with two sovereigns—the State of Alabama and the United States. He had been convicted of a robbery in an Alabama state prosecution in 2008. Some seven years later, he was prosecuted again in an Alabama state court as a prohibited person in possession of a firearm in violation of Ala.

Tuesday, November 6th, 2018

Many lawyers are faced with dealing with incompetent clients. Rules 1.02(a3) and 1.05(c4) deal with some of those issues. As we know from the Supreme Court’s McCoy v. Louisiana, 138 S.Ct. 1500 (2018), the client is the final decision-maker on most issues. Many times, there is not a perfect answer that guides the lawyer on what to do when you have a client who is not playing with a full deck. This article deals with some of the answers from our Ethics Committee that may guide you in the ethical route that is in the best interest of your client.

Tuesday, November 6th, 2018

Reconstruction is the act of reconstructing. To reconstruct is to establish or assemble again.

Tuesday, November 6th, 2018

Technology is a useful servant but a dangerous master.

—Christian Lous Lange

Tuesday, November 6th, 2018

As I write this column, it is a cold and rainy day outside my window. Apparently, Mother Nature decided that the good people of Texas did not need a fall and jumped straight into winter. The first freeze in Lubbock was three weeks earlier than normal, and it is too wet for the cotton farmers to get into the fields to harvest their crops. Our friends in the Hill Country are seeing record-level rains and floods. The weatherman tells me that Travis County has had rain the last seven weekends.

November 2018 Complete Issue - PDF Download
Tuesday, November 6th, 2018
Features
21 | When Does a Driver Have to Submit to a Law Enforcement Officer’s Request to Take a Breath or Blood Test? What Every Driver Should Know - By J. Gary Trichter
25 | Pat Priest: A Profile in Judicial Courage - By Mark Stevens
30 | Mental Illness & Criminal Defense - By Judge Patrick Priest
TCDLA Inside Story
Wednesday, October 10th, 2018

Does anyone remember the inside story about how TCDLA was born? Does anyone remember the likes of Tony Friloux, Phil Burleson, or Frank Maloney? And while you ponder those questions, imagine a criminal defense practice in Texas without TCDLA. Imagine practicing without defense-oriented books and written resources. Imagine practicing without the focused and quality continuing legal education we enjoy today.

Seven Ways to Win (in Chess and Trial)
Wednesday, October 10th, 2018

Victorious warriors win first and then go to war, while defeated warriors go to war first and then seek to win.

—Sun Tzu

Drug-Free Zones
Wednesday, October 10th, 2018

I. Relevant Statute—Tex. Health & Safety Code § 481.134

Shout Outs
Wednesday, October 10th, 2018

A big shout out to the team of Amber Vazquez of Austin and Leslie Booker of Round Rock for a tough victory in a two-week-long murder trial. D was charged with shooting his ex-girlfriend’s brother after a dispute boiled up on social media involving a nasty breakup (as detailed in the Austin newspaper, here: https://atxne.ws/2Ct0xar). Victim showed up to fight D and was shot by a hidden assailant.

Wednesday, October 10th, 2018

For all those clients and their lawyers who have Carpenter issues on appeal, August was BAD NEWS MONTH for them. We all remember that on June 22, 2018, the Supreme Court held that the Government must generally obtain a search warrant supported by probable cause before acquiring CSLI from a wireless carrier. Carpenter v. United States, 138 S.Ct. 2206 (2018).

Wednesday, October 10th, 2018

Discussions of previous acts are generally subject to the attorney-client privilege. If, for example, a client tells his lawyer that he robbed a bank or lied about assets during a divorce, the lawyer probably can’t disclose the information. But if a client initiates a communication with a lawyer for the purpose of committing a crime or an act of fraud in the future, the attorney-client privilege typically doesn’t apply. Likewise, most states allow—or require—attorneys to disclose information learned from a client that will prevent death or serious injury.

Wednesday, October 10th, 2018

First, thank you to everyone who completed the recent Voice survey. We read and appreciate all the comments and encourage everyone to participate in future surveys. Overwhelming, you told us that you like the overall look of the Voice, that the articles are timely and current, and that you would like to see the Voice continued in print as well as electronically. You asked for more DWI and Fourth Amendment articles and fewer pictures of TCDLA events.

Wednesday, October 10th, 2018

“Gratitude is the healthiest of all human emotions. The more you express gratitude for what you have, the more likely you will have even more to express gratitude for.”

—Zig Ziglar

Wednesday, October 10th, 2018

After I graduated from high school, I was blessed with the opportunity to play football at Texas Tech. My first year was also Spike Dykes’ first year as head coach at Texas Tech. If you did not know Coach Dykes or at least know of him, you missed out on a one-of-a-kind personality. As you can imagine from a man called Spike, he was quick to give nicknames to people. With the last name Snodgrass, he always called me Boogerweed. He was a man of many words and was never hesitant to say what he thought. When expressing his thoughts, he never held back what he was really thinking.

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