Law lags science. Forensic sciences are a regular and reoccurring part of criminal cases. Jurors overwhelmingly tend to give scientific evidence more weight than other evidence presented in court. Our system is about seeking justice and finding the truth. With the passage of Article 11.073 back in 2013, our legislature recognized this, too. However, that 11.073 exists is never an excuse for bad and/or outdated science to be presented in a courtroom.
Special thanks to our course directors, Clay Steadman (Kerrville) and Paul Tu (Houston), for the Beating the Drum for Justice Seminar held in Sugarland in January. Thanks to them and our speakers, we had 40 attendees.
Special thanks to our course directors, Scott Edgett (Plano) and John Hunter Smith (Sherman), for the Beating the Drum for Justice Seminar held in McKinney in January. Thanks to them and our speakers we had 42 attendees.
Ahoy, friends! We just returned from the TCDLA President’s Retreat and had a great time. The 7-day cruise took us to Mexico, the Grand Caymans, and Jamaica. It was a good opportunity for rest and relaxation, combined with high-quality CLE presentations, fellowship, and friendship. And we had a nice turnout—more than 60 TCDLA members and their families joined us on the Liberty of the Seas out of Galveston. Members spent time together on a beautiful beach in Jamaica and at a delicious steak dinner aboard ship.
Our ever-growing digital society has made non-reliance on technology almost impossible. There is an application that applies to every facet of life. With one swipe, a person can access millions of photos, bank information, years of dialogue, and so much more.
Who Killed These Girls? is a true story about Austin criminal defense lawyers fighting to save three defendants—Robert Springsteen Jr., Michael Scott, and Maurice Pierce—from death sentences resulting from false confessions.
The consultants are discussing your case. They are vigorously proclaiming how the case falls short, and you are feeling like a sure win is in the bag. Then you ask them how should we go at them in trial. It’s then that you hear things in a deflated tone like, “Well, what they did isn’t wrong, just not how I would have done it.” What happened to the fervor?
In 2015 President Obama tasked his Council of Advisors on Science and Technology (PCAST with the job of reviewing the forensic sciences, and determining if there were areas that could be improved. In October of this year they released their report—which has surprisingly generated little press.
Last June, the United States Court of Appeals for the Sixth Circuit held that a non-citizen defendant could not establish prejudice resulting from his lawyer’s deficient performance in advising him that he would not be subject to deportation if he pleaded guilty to a drug offense and affirmed the district court’s denial of Lee’s § 2255 motion to vacate his conviction and sentence. Lee v. United States, 825 F.3d 311 (6th Cir. 2016) [Circuit Judges Norris, Batchelder and Sutton (Opinion by Batchelder)]. See also Lee v.
Over the past 10 years many Houston lawyers have become friends with several homeless people who hang around the courthouse. One recently died and several lawyers helped provide shelter, food, and medical care for “Rick.” Rick always had a positive attitude and was upbeat and would tell all the accused citizens standing in line to get in the building “Don’t Worry, Be Happy,” or “I Love You” to all the women, lawyers, and citizens. He was like a street preacher trying to spread some cheer around a depressing building.
Last month we introduced the toxicological aspects of cross-examining the retrograde extrapolation expert in DWI trials. Now, an understanding of toxicology will promote our error preservation before the State’s expert attempts to bamboozle the jury with opinions about the client’s driving time BAC.
The holidays are over. All has returned to normal. Almost. There is a new presence and a new voice in the heart of many homes. An instantly recognizable, mundanely pleasant voice that responds to anything and seemingly knows everything. A voice that is always listening. Alexa.
Indeed, Alexa’s presence inside our homes is growing: Many of us may have given, or received, the Echo or Echo Dot (the physical embodiment of Alexa) this Christmas, and Amazon lists the Echo as one of the best-selling products of the holiday season.
The 85th Texas Legislature has started. Our legislative team is monitoring, testifying, and advocating for TCDLA members at the Capital. If you are a member, you are automatically enrolled in our Legislative Listserve. The legislative team: Andrea Keilen, Allen Place, David Gonzalez, Shea Place, Bill Harris, Mark Daniel, Susan Kelly, and Bobby Mims will be posting periodically to keep you informed of TCDLA’s position and activities. The listserve is for informational purposes only and cannot receive responses.
Well, it is official! The legislative session began on January 10, and there is already a flurry of activity in the Capitol as hundreds of bills have already been filed. As you know, TCDLA invests significant time, energy, and staff in legislative efforts. TCDLA pursues reform to criminal justice issues to ensure that our clients are protected from efforts to diminish their constitutional and statutory rights.
Increasingly, police are using the “imminent destruction of evidence” justification for warrantless entry into residences in drug cases.1 At the outset, it is important to remember that in order to rely on this exception, the police first must have probable cause—no PC, no exception.2 If probable cause exists
On November 4, 2016, the government timely filed a Petition for Discretionary Review in Ramirez-Tamayo v. State, No. 07-15-00419-CR, 2016 WL 5874327 (Tex. App.—Amarillo, October 5, 2016, pet. filed), a 2–1 decision.