Features

Shout Outs
Tuesday, July 25th, 2017

Kudos to caped crusader Keith Hampton for his yeoman’s work on the strange case of Dan and Fran Keller, convicted in 1992 for performing satanic rituals on children and freed after 21 years in prison.

Tuesday, July 25th, 2017

On June 23, 2017, the Supreme Court held that the defendant, Jae Lee, had demonstrated a reasonable probability that he would not have pleaded guilty if he had known that it would lead to his mandatory deportation, and thus, his lawyer’s erroneous advice as to the deportation consequences of his guilty plea prejudiced him and amounted to ineffective assistance of counsel. Lee v. United States, ___S.Ct.___, 2017 WL 2694701 (June 23, 2017) [Opinion by Chief Justice Roberts in which Justices Kennedy, Ginsburg, Breyer, Sotomayor, and Kagan joined.

Tuesday, July 25th, 2017

When the ethics committee gets a question, it is sent out to all members of the committee. The answers are received promptly so the lawyer can get a fast answer. The following is a real question from a lawyer who called in, and these committee members gave fast answers. Everything we do is serious business.

Tuesday, July 25th, 2017

My inspiration for this piece was our colleague and friend, John Gioffredi.1 John’s approach to DWI defense has changed the way I try cases. His approach is not fancy, nor terribly difficult. In fact, it uses tools of our trade that we all possess. But in one important way, John’s approach is different. Trying cases like John Gioffredi takes some courage. It compels one to shoulder additional risk. It causes us to work harder. It compels us to learn new things . . . things that may be unproven in our personal experience.

Tuesday, July 25th, 2017

David Moore (Longview) is now the 46th president of TCDLA. We look forward to a very successfully year under David’s leadership.

The 85th Texas Legislature Session is sine die until July 18, when the Special Session starts. Our legislative team will be providing summary reports to our members throughout the special session.

Tuesday, July 25th, 2017

 I trust everyone had a wonderful Independence Day. I want to once again publicly thank Robb Fickman, Chuck Lanehart, and the rest of the organizers for pulling together another successful TCDLA reading of the Declaration. I cannot tell you how proud I am to personally participate in the readings each year. I know that so many of our members across the state turn out of for what has become a signature annual event for our organization, and I am very grateful to each of you for your efforts.

July/August 2017 Complete Issue - PDF Download
Tuesday, July 25th, 2017
Features
22 | Corralling the Big Dogs: Rounding Up Ex-Presidents for a Photo Shoot at Rusty
23 | Celebrating 30 Years of Justice - Pictures from Rusty
27 | 2017 Declaration Reading Recollections and Media Mentions - Compiled by Chuck Lanehart
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.

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