Features

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!

May 2017 Complete Issue - PDF Download
Tuesday, May 9th, 2017
Features
21 | The 41st Annual Tim Evans Texas Criminal Trial College
23 | Nondisclosure Update - By Sam Adamo Jr.
28 | Candida albicans, the Yeast Syndrome, and the Auto-Brewery Syndrome: Medical Defenses to DWI - By Mark Ryan Thiessen & John Parks Trowbridge, MD
Look Here: 4th Amendment Musings - Apr2017
Thursday, March 30th, 2017

“Every man’s house is his castle” has been a concept celebrated throughout U.S. history, stemming from the colonials and their British roots. See generally Semayne’s Case, 5 Coke’s Repts. 91a, 77 Eng. Rep. 194 (K.B. 1604).

Flowchart on DPS Surcharges
Thursday, March 30th, 2017

The flowchart consists of two pages.

The Time Has Come to Tear Down the Iron Curtain Between the Constitution and Texas Prisons
Thursday, March 30th, 2017

Let’s say a prosecutor has a hunch your client might have something in his cell that could be used against him in his upcoming trial. Maybe a weapon, or drugs, or perhaps a journal in which he has written something that might incriminate him, or at least make him look bad.

Shout Outs
Thursday, March 30th, 2017

A big Shout Out from Bill Habern to his fellow recipient of last year’s Percy Foreman Lawyer of the Year award—Richard Gladden of Denton, Texas—for his daunting work landing a restraining order against the DPS.

Thursday, March 30th, 2017

On February 24, 2017, a panel of the United States Court of Appeals for the First Circuit affirmed the judgment and sentence of the district court, holding that government agents may influence where a federal crime occurs, and that there is no such thing as manufactured venue or venue entrapment. United States v. Valenzuela, ___F.3d___, 2017 WL 727553 (1st Cir., February 24, 2017) [The Panel: Chief Judge Howard, Associate Justice Souter (retired, sitting by designation), and Circuit Judge Stahl (Opinion by Stahl)].

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