Features

Voting Rights of Felons
Friday, November 8th, 2019

A felony conviction may result in the loss of voting rights in Texas...

Stats Show Racial Inequities for Organized Retail Theft Arrests Statewide
Friday, November 8th, 2019

Let’s say I wanted to steal an Xbox from Fry’s (or any other retail store). Maybe it’s for a thrill, a dare, voices in my head, or maybe I just want to eat Cheetos all day and play video games on my sofa. Whatever the reason, it is unimportant.

The Perils of Blowing the Whistle
Friday, November 8th, 2019

We have met with many potential new clients who know about a crime or fraud and are interested in blowing the whistle. Sometimes the client is motivated by a genuine desire to right a perceived wrong, sometimes the client is motivated by the desire to collect an award, and sometimes the client is motivated by the desire to “get ahead of the problem.”

My Welcome Home From Vietnam - 1
Friday, November 8th, 2019

My ears popped, and the tires screeched as the TransTexas Airways DC-3 touched down at the Airport in Tyler. The stewardess had avoided eye contact, and the other passengers looked away from me. The short flight from Dallas was a replay of the plane ride from San Francisco. It was strange that no one would look at me, and the stewardesses were not friendly. 

Shout Outs
Thursday, November 7th, 2019

Kudos to ex-prez Randy Wilson for an impressive victory in Federal Court in hometown Abilene. D, charged with Possession of More than 5 grams with intent to deliver, had 2 prior drug convictions and faced 10 years to life. Undisputed evidence showed that while the D was being arrested, he was patted down twice before the officer discovered over 11 grams of meth in the pocket of his shorts.

Thursday, November 7th, 2019

In a case of first impression in the Circuit, a panel of the United States Court of Appeals for the Fifth Circuit held that—in order to forcibly medicate a criminal defendant against her will—the government bears the burden of satisfying the four-pronged Sell test, 123 S.Ct. 2174, providing clear and convincing evidence under each of these four prongs. United States v. James, ___F.3d___, 2019 WL 4410005 (5th Cir. Sept. 16, 2019) [Panel: Circuit Judges Holly, Ho, and Engelhardt (Opinion by Judge Ho)].

Getting Paid Nov19-1
Thursday, November 7th, 2019

The past few years there has been confusion on setting fees, non-refundable fees, and other matters. I will be putting fee examples in future issues to make sure we are all on sound ethical ground.

Betty Blackwell, Joseph Connors, Judge Herb Ritchie, and Judge Greg Glass have given me permission to use their contracts as examples.

To avoid problems, always get something in writing regarding your fee. At minimum, get a letter of acknowledgment.

Ethics & The Law Nov19
Thursday, November 7th, 2019

I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies foreign and domestic: that I will bear true faith and ­allegiance to the same. That I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.

Thursday, November 7th, 2019

We are a working organization. That’s what makes this organization so great. We all contribute our time and talents in some way for the betterment of TCDLA. Contributions from individuals meld together to make a cohesive, functional, educational, inspiring whole. That’s how this organization started nearly 50 years ago, and that’s what has kept it going all these years. We are all dedicated to the cause. As past president #43, Bobby Mims wrote in 2014:

Thursday, November 7th, 2019

Here’s to those who inspire you and don’t even know it.

—unknown

November is the month of thanks. This month I would like to dedicate my article and give thanks to Craig Hattersley, TCDLA’s Communication Director. He has been with TCDLA for 12 years and has been a valuable and intricate part of TCDLA. He has supported me and made us all look good—and helped us on our quest for success!

Thursday, November 7th, 2019

Listening to Larry Pozner speak about cross-examination is a rare, rare treat. TCDLA (through CDLP) and HCCLA brought him to Houston to share a day of incredible training regarding cross.

November 2019 Complete Issue - PDF Download
Thursday, November 7th, 2019

Features
24 | My Welcome Home From Vietnam: Back in the World in One Piece - By Bobby Mims
30 | 2019’s Need-to-Know Changes to DWI Law - By Frank Sellers & Mark Thiessen
34 | The Perils of Blowing the Whistle - By F. Andino Reynal & Joseph Magliolo Jr.

Michael Wayne Ramsey
Wednesday, October 2nd, 2019

Michael Wayne Ramsey, age 79, a loving husband, father, and brother, died on Saturday, the 27th of July 2019, in Channelview, Texas.

Timing Like a Hawk
Wednesday, October 2nd, 2019

A good trial lawyer is one who watches for and takes advantage of valuable opportunities. Trial lawyers are opportunists. Spotting the opportunity takes the skill of a hawk. Recognizing the exact moment to exploit the opportunity requires quick action. If you miss the moment, you lose your prey. The most successful trial lawyers are the ones who know the most and who are the most prepared.

Persuading Jurors to Accept a Disconnect Defense
Wednesday, October 2nd, 2019

Overview of the Defense and Ground Zero

The DWI practitioner is familiar with the concept of the disconnect defense—the idea that if most, or all, of the evidence in a DWI case fails to match up with a really high alleged BAC (.16 or higher), there must be a problem with the reliability of

Shout Outs
Wednesday, October 2nd, 2019

A big shout out to Dean Watts of Nacogdoches for his recent win in the 12th Court of Appeals, who affirmed his motion to suppress. D was stopped for failing to change lane on a roundabout, then subsequently was arrested for DWI. The trial court granted the motion and the State appealed.

Wednesday, October 2nd, 2019

White supremacist. When I see the term, I can see the faces of the angry white men as they marched in a torchlight parade in Charlottesville, Virginia. When I hear the term, I can hear the chants of these angry white men as they shouted, “Jews shall not replace us.” This could not have been happening in a city in the United States, but it was. What I saw and heard reminded me of the films that I had watched of the torchlight parades that took place in Nuremberg, Germany, 80 years ago.

Wednesday, October 2nd, 2019

The Bible reminds us—a time to keep silence, and a time to speak—
As lawyers there is a time to keep silent . . .

Case 1:

Editor's Comment: Know as You Go - By Sarah Roland - 1
Wednesday, October 2nd, 2019

The chance of surviving an overdose, like any medical emergency, depends, in large part, on how quickly one receives medical care. In overdose situations people are often afraid to call 911, even when someone’s life is literally on the line, for fear of being arrested. Often, people are not alone when they overdose; there are others present who could call 911 for help but just don’t.

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