Features

Exposing Junk Science Underlying Expert Testimony in the Guilt-Innocence Phase of a Child Sexual Abuse Trial
Tuesday, June 6th, 2017

Texas Rules of Evidence 702: If scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue, a witness who is qualified as

Shout Outs
Tuesday, June 6th, 2017

David Michael Ryan sent a shout out to Mark Bennett and Lane Haygood for their recent NG verdict in DC441. D, an 18-year-old senior, plead out to DADJ after asking 14-year-old freshman if he is gay and wants to copulate. Mark got the statute found unconstitutional, then was retained to get D out of plea. Done. Miffed state files criminal solicitation of a minor charges. Turns out D was acting as middleman for interested party.

Tuesday, June 6th, 2017

Congress can create laws and the federal courts can interpret these laws, but we are seldom caught off guard by them. At least we have the opportunity to be aware of, for some considerable time, what each is considering.

Ethics and the Law: Racehorse - By Robert Pelton
Tuesday, June 6th, 2017

Lawyer Haynes was an inspiration to us all. I had the  privilege to work with him on a few cases. Yes, he was a great lawyer but also a great American. Lawyer Haynes had served our country in one of the worst battles of WWII, the Battle of Iwo Jima. He was in the middle of the battle and would run messages back and forth to different commanders. He told me they picked him because he was short and less likely to be shot. He was fearless in war and fearless as a lawyer. It was my good fortune to get to know him and the other lawyers and non-lawyers who worked with him.

Tuesday, June 6th, 2017

We recently took a trip to Washington, D.C.—“our nation’s capital,” as my four-year-old daughter reminded me the whole trip. We toured the Capital and the White House. We stood in the security line alongside congressmen at the Capital and saw the South Lawn from the interior of the White House. We saw the legislature in session. We walked the length of the National Mall, stopping in awe at the memorials along the way. We visited the Supreme Court, the Hirshorn, and the National Museum of Natural History. We did it all in a period of a few days—a typical Roland vacation.

Tuesday, June 6th, 2017

We thank outgoing TCDLA President John Convery (San Antonio) for his service to the TCDLA membership over the last year. Thanks to his steadfast leadership, TCDLA is a better association. We wish him good verdicts and prosperity. David Moore (Longview) takes the helm of TCDLA as president on June 24, 2017, at the 46th Annual TCDLA Annual Meeting. We look forward to successfully managing the challenges under David’s leadership.

Tuesday, June 6th, 2017

Groucho Marx once quipped, “I wouldn’t belong to any organization that would have me as a member!” Fortunately for me, I did not heed that advice 26 years ago when Scrappy Holmes and Odis Hill urged me to join TCDLA. Now, here I am.

June 2017 Complete Issue - PDF Download
Tuesday, June 6th, 2017
Features
21 | How Hard Can This Be? - By Dan Cogdell
25 | Richard Haynes: Warrior, Defender, Dear Friend - By Christopher L. Tritico
26 | Remembering Racehorse - By Randy Schaffer
27 | Clerking for Racehorse - By Brian K. Walker
Jury Trials—Is It Witch Science?
Tuesday, May 9th, 2017

Many of the Americans living in the Southwest are, of course, of Mexican descent. Though many families have lived in the United States for several generations, there is a continual influx of new immigrants from Mexico. As a result, many cultural phenomena brought from Mexico continue to thrive in the barrios (neighborhoods) of the Southwest.

Candida albicans, the Yeast Syndrome, and the Auto-Brewery Syndrome
Tuesday, May 9th, 2017

Whether blood samples used in forensic science Driving While Intoxicated (DWI) testing can be affected by endogenous ethanol production is a recurrent and yet unresolved defense. The basis of endogenous ethanol production is whether microbial growth can occur to falsely elevate the ethanol concentration in forensic blood samples.

Nondisclosure Update
Tuesday, May 9th, 2017

The Law Office was situated on the south corner of Main Street, just past wide-open Texas spaces and a sign that read Population: 1,900. True to its name, Main Street was really the only street. Once bustling with United States Air Force pilots training for World War II, the town had, surprisingly, settled in as a hub for art. Lined with rustic worn-out buildings, you could still find most necessities.

Shout Outs
Tuesday, May 9th, 2017

A big Shout Out to Deandra Grant and Sandra Reynolds, who recently gave a 20-year-old mentally ill client back his life after a three-year ordeal. D, who’s being treated for obsessive compulsive disorder (OCD), ADHD, severe anxiety disorder, and panic attacks with twice-daily (6 a.m. and 2 p.m.) doses of Adderall and a small amount of Klonopin, was pulled over at 1:30 a.m.

Tuesday, May 9th, 2017

Last Spring, I came across an article from the Los Angeles Times written by Matt Hamilton and Richard Winton entitled “A New Frontier in Battle Over Digital Security.” 2016 WLNR 13156357 (April 30, 2016). Because I had been interested in whether individuals can be required to unlock their iPhones and iPads by having their fingerprints involuntarily placed on these devices, I kept the article for another day—which is today. The article reads, in part, as follows:

Tuesday, May 9th, 2017

Joseph Connors has submitted this issue for discussion with the Ethics Committee. The issue is a recurring problem—prosecutors not disclosing evidence to the defense. The following is the question and responses from Keith Hampton, Larry McDougal, and Joseph Connors. Lawyer Connors has also provided motions that he files.

Tuesday, May 9th, 2017

I dropped by a suppression hearing recently and listened to a prosecutor argue the merits of an anonymous tip, which they claimed justified an investigatory detention. I was puzzled. The State asserted their anonymous tip was “reliable” and, therefore, justified the stop and subsequent arrest of the defendant. Though recent case law had expanded the realm of situations in which anonymous tips may justify a detention, I soon realized the prosecutor was arguing only half the story. Evaluating a stop based upon an anonymous tip was actually a two-step process.

Editor's Comment: The Top Ten - By Sarah Roland
Tuesday, May 9th, 2017

A friend and colleague sent me this blog post from Judge Richard G. Kopf on Scott Greenfield’s highly respected blog Simple Justice a few days ago, reprinted here with their kind permission. I couldn’t help but smile and pass it along. It speaks for itself and can’t be said any better.

Tuesday, May 9th, 2017

The Texas Session is ongoing and we are well represented with our lobbying team of Allen Pace, Andrea Keilen, and David Gonzales, all under the supportive oversight of the TCDLA Legislative Committee, with Bill Harris (Fort Worth) as Chair.

Tuesday, May 9th, 2017

It’s hard to believe that this is my last President’s message! That means my year as the President of TCDLA is coming to an end, and it has just flown by. What a ride it has been!

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