Features

Tuesday, September 12th, 2017

Dear Members,

Many of our brothers and sisters up and down the coast have suffered devastating losses in the wake of Hurricane Harvey. With their offices and homes damaged or destroyed, they are struggling to regain some semblance of normalcy and their capacity to continue to defend the citizen accused.

The Ballad of Baldo Cortez and ‘Lefty’
Friday, September 1st, 2017

Lawyers realize the kind of personal physical courage required to see a good cop through a night-watch shift in a crime-infested neighborhood where few sympathize with the job he must do.

Psycho . . . What?
Friday, September 1st, 2017

I practice law in Lubbock, Texas, where I hung out my shingle immediately after finishing law school in 2008. I was very fortunate to have a group of dedicated mentors who helped me get my firm off the ground. The majority of my practice consists of criminal defense work, although I also handle personal injury, family, small business, and traffic ticket cases.

Packingham v. North Carolina: Will the U.S. Supreme Court’s Decision Impact a “Sex Offender” Law in Texas?
Friday, September 1st, 2017

In 2002, a 21-year-old college student in North Carolina named Lester Gerard Packingham had consensual sex with a 13-year-old girl.

Social Media Evidence
Friday, September 1st, 2017

I. Introduction

On October 17, 2009, at 11:49 a.m., Rodney Bradford posted “ON THE PHONE WITH THIS FAT CHICK . . . WHERER MY IHOP” on Facebook.2 At the same time, a few miles away, an armed robbery was happening.

Shout Outs
Thursday, August 31st, 2017

Shout out to Justin Underwood for a recent vitory in a week-long Intox Manslaughter and Manslaughter trial in El Paso. Trial resulted from an accident on I-10 in a construction zone. No witnesses at scene, but cops said D was intoxicated. Only officer at hospital said Intox, based solely off HGN and interaction with D—an interaction he described as perfectly normal about 20 times, says Justin.

Thursday, August 31st, 2017

No client is more self-righteously indignant than the one who learns that he has been tricked into giving a confession by officers using a variation of the very old “we-found-your-fingerprints-at-the-scene” ploy. Unfortunately for the client, the courts have approved the use of such trickery—e.g.,

Thursday, August 31st, 2017

Life is full of problems. . . The life of a lawyer can bring on many problems that regular citizens are not aware of and sometimes have little sympathy for. . .  Lawyers—like doctors, law enforcement officers, and other professions—are disliked and sometimes hated until they are needed.

Thursday, August 31st, 2017

Deciding to litigate a DWI first offense has historically been a no-brainer. Unless the prosecutor was willing to reduce charges and offer deferred adjudication on obstructing a highway, for instance, teeing-up a jury trial was almost automatic. What did the client have to lose when the best offer was a DWI conviction? Expunging or sealing the records of a conviction was impossible, anyway. But if deferred adjudication for obstructing was on the table, the calculus was much different.

Thursday, August 31st, 2017

It finally happened. Kind of. In what appeared to be a very impromptu statement on August 10th, our president declared the opioid epidemic a national emergency. What that will do is free up necessary disaster funding to help address the crisis.*

Thursday, August 31st, 2017

Please join me in thanking Robb Fickman (Houston) and Chuck Lanehart (Lubbock), our TCDLA 2017 Readings statewide project coordinators. Thanks to their outstanding efforts this year, there were Readings of the Declaration of Independence in over 120 counties across Texas. In addition, the 11 members of “F Troop,” the local coordinators, contributed to the overall success of the project. Robb brought the project to TCDLA from its inception in Houston, and we thank him for having the vision and foresight to do so.

President's Message: What Would You Have Done?
Thursday, August 31st, 2017

In January of 1933, Adolf Hitler was sworn in as Chancellor of Germany. Convincing the German masses that he alone was their hope for the restoration and preservation of Germany, he quickly began to consolidate his power and implement his programs.

September 2017 Complete Issue - PDF Download
Thursday, August 31st, 2017
Features
23 | Social Media Evidence - By Frank Sellers
31 | Packingham v. North Carolina: Will the U.S. Supreme Court’s Decision Impact a “Sex Offender” Law in Texas? - By Richard Gladden
37 | Psycho ...What? - By Justin Kiechler
39 | The Ballad of Baldo Cortez & 'Lefty' - By Judge Pat Priest
SDR July2017-1
Tuesday, July 25th, 2017

Voice for the Defense Volume 46, No. 6 Edition

Editor: Michael Mowla

From editor Michael Mowla:

1. I summarize each opinion in a manner that allows readers to generally use this SDR instead of reading every opinion.

2. If you determine that a summarized opinion is relevant to one of your cases, I urge you to read the opinion and not rely solely upon these summaries.

2017 Declaration Reading Recollections and Media Mentions
Tuesday, July 25th, 2017

 

Lubbock criminal defense attorneys hold annual reading of Declaration of Independence

Members of the Lubbock Criminal Defense Lawyers Association took turns Friday morning on the courthouse lawn reading the grievances against British rule American colonists listed in a document that became the

Shout Outs
Tuesday, July 25th, 2017

Kudos to caped crusader Keith Hampton for his yeoman’s work on the strange case of Dan and Fran Keller, convicted in 1992 for performing satanic rituals on children and freed after 21 years in prison.

Tuesday, July 25th, 2017

On June 23, 2017, the Supreme Court held that the defendant, Jae Lee, had demonstrated a reasonable probability that he would not have pleaded guilty if he had known that it would lead to his mandatory deportation, and thus, his lawyer’s erroneous advice as to the deportation consequences of his guilty plea prejudiced him and amounted to ineffective assistance of counsel. Lee v. United States, ___S.Ct.___, 2017 WL 2694701 (June 23, 2017) [Opinion by Chief Justice Roberts in which Justices Kennedy, Ginsburg, Breyer, Sotomayor, and Kagan joined.

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