Features

The Risks of a Colorado Cannabis Vacation
Wednesday, February 27th, 2019

Texans who drive home with their purchases of Colorado cannabis may not realize the risk they take when it comes to Texas law. Most of these vacationers drive back through Dalhart and Amarillo, and the number of drug busts in those areas has ballooned since cannabis tourism took off.

The Sexual Assault Nurse Examiner
Wednesday, February 27th, 2019

In today’s criminal justice system, there are people in jail who maybe shouldn’t be and people on the outside who maybe should be locked up. There are two sides to every sexual assault case. Both the victim and the defendant need to rely on the scientific evidence to obtain justice. The evidence will speak for itself if the evidence is collected properly.

Expert Questions
Wednesday, February 27th, 2019

1. What’s the difference between a consulting expert and a testifying expert?

Pope v. State, 207 S.W.3d 352 (Tex. Crim. App. 2006) is the leading case on the distinction between consulting and testifying experts. The difference is major, and it matters. Everyone should read Pope.

Shout Outs
Wednesday, February 27th, 2019

Kudos to Mike Head and Justin Weiner of Athens. Their client admitted to shooting his brother-in-law twice, once in the face and once in the chest with a single-shot 20-gauge shotgun. He was charged and indicted for Murder. After a week-long jury trial in Henderson County, the jurors deliberated for 8½ hours. The jury eventually sent the court a note indicating that they would not be finding the client guilty of Murder.

Wednesday, February 27th, 2019

Domineque Hakim Marcelle Ray was convicted of a capital offense in the State of Alabama and was scheduled to be executed on February 7, 2019. Ten days before his death date, Mr. Ray filed a motion in the United States District Court for the Middle District of Alabama, seeking a stay of his execution. Judge W. Keith Watkins denied the stay. Domineque Hakim Marcelle Ray v. Jefferson Dunn, No. 2:19-CV-88-WKW, 2019 WL 418105 (M.D. Ala. Feb. 1, 2019). His Memorandum Opinion and Order reads, in part, as follows:

Wednesday, February 27th, 2019

We live in a changing society. Some changes are good and some are bad. As lawyers, especially those of us who have been around a while, we have seen major changes. In the beginning there were no cell phones, no fax machines, no computers, no email, no text messages, no twitter, Instagram, snapchat, Facebook, power point, skype, or LAWYER ADVERTISING (except having a listing in the phone book). The first outrageous ad I remember was for Cal Worthington, used car dealer in California, riding an elephant trying to get attention for his car lot.

Wednesday, February 27th, 2019

Among the many significant decisions issued since our last publication, Michael Mowla highlights Rhomer in this SDR. No. PD-0448-17 (Tex. Crim. App. 2019). In Rhomer, a felony murder case—causing the death of another in an accident while committing felony DWI—the Court of Criminal Appeals decided that an accident reconstruction expert can testify about a specific type of accident reconstruction in which he has no formal training, and that the testimony of the accident reconstruction expert here should be governed by the Nenno test.

Executive Director's Perspective March 2019-1
Wednesday, February 27th, 2019

No two minds ever come together without, thereby, creating a third, invisible, intangible force which may be likened to a third mind.

—Napoleon Hill, Think and Grow Rich

President's Message March 2019-1
Wednesday, February 27th, 2019

We don’t take a trip; a trip takes us.
                                            —John Steinbeck

They say a picture is worth a thousand words, so this month I intend to share a few thousand words with you about our recent TCDLA President’s Trip to Nashville.

March 2019 Complete Issue - PDF Download
Wednesday, February 27th, 2019
Features
21 | Expert Questions - By Sarah Roland
27 | The Sexual Assault Nurse Examiner - By Rachel D. Fischer
29 | The Risks of a Colorado Cannabis Vacation - By D. Chris Hesse
32 | Teaching Your Clients to Succeed on Probation - By Clay S. Conrad
John Sickel: Tribute to a True Defender of the Accused
Wednesday, January 30th, 2019

John Sickel Jr. was a friend of mine. He was not just my friend, of course; he was the friend of many, a father, husband, grandfather, and an inspiration to us all.

The 86th Texas Legislature
Wednesday, January 30th, 2019

The Texas Criminal Defense Lawyers Association team of lobbyists is ready to dive into the 86th Texas legislative session. This year, the team is composed of Allen Place, Shea Place, and David Gonzalez. We wanted to share a little about who we are and what we do both in and out of session.

Look Over There! Fooled You, Didn’t We?
Wednesday, January 30th, 2019

When the trees move, the enemy is coming; when there are many blinds in the undergrowth, it is misdirection. Thus, what is of supreme importance in war is to attack the enemy’s strategy.

—Sun Tzu

Recent TDCJ Discipline Abuse Issues & a Review of Basic Prison Discipline Procedures and Case Law
Wednesday, January 30th, 2019

This article is meant for the criminal lawyer who seldom does work in the area of prison law.

Texas Sentencing in Non-Capital Cases
Wednesday, January 30th, 2019

Regardless of the plea and whether the punishment be assessed by the judge or the jury, evidence may be offered by the state and the defendant as to any matter the court deems relevant to sentencing . . .

Tex Code Crim Proc. 37.07, § 3(a)(1).

Shout Outs
Wednesday, January 30th, 2019

A big shout out to the Innocence Project and TCDLA member Julie Lesser, exoneration attorney of the Dallas Public Defenders Office, for seeing justice finally done in the case of Steven Mark Chaney. Chaney was convicted in a 1987 double murder based on testimony that he had left a bite mark on the arms of one of the victims—that there was a “one to a million” chance somebody besides Chaney had made that mark.

Wednesday, January 30th, 2019

Jason Wayne Irving was a Kansas registered sex offender who had child pornography on his Facebook account. Kansas law enforcement officers, acting under the authority of search warrants issued by a Kansas state judge, discovered this pornography. Because of the exceptional work of Assistant Federal Defender Timothy J. Henry of the Federal Public Defenders Office for the District of Kansas, United States District Judge Eric F.

Wednesday, January 30th, 2019

Cheers to a new year and another chance for us to get it right.

—Oprah Winfrey

Wednesday, January 30th, 2019

Sitting down to write this February column, I am somewhat at a dead end on things to write about. The holidays are over and it is time to get to get back in the saddle and get on with the practice of law. All the news outside the office seems to be tied in to politics. The federal government is partially shut down due to a standoff over a border wall. The Texas Legislature is back in session, and many villages feel like they are missing an idiot. Every day it seems a new Democrat is announcing that he or she will run for president.

January/February 2019 Complete Issue - PDF Download
Wednesday, January 30th, 2019
Features
19 | Texas Sentencing in Non-Capital Cases - By Cliff Duke
27 | Recent TDCJ Discipline Abuse Issues & a Review of Basic Prison Discipline Procedures and Case Law - By Bill Habern
33 | Look Over There! Fooled You, Didn’t We? - By Tyler Flood
35 | The 86th Texas Legislature - By Shea Place
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