Features

Editor's Comment: Wear Silver-1
Friday, July 22nd, 2016

Whether you believe it’s a matter of choice or genetics or a combination of both, addiction affects us all. It is a disease, and it doesn’t discriminate among us. Addiction has touched each of our lives in one way or another. Some of us have deeply personal experiences, but all of us come face to face with addiction and the havoc it brings on a regular basis by nature of what we have chosen to do.

Friday, July 22nd, 2016

As I write this I’m still in the honeymoon phase of my TCDLA presidency. I’m on the beach at The Pearl resort on South Padre Island, with friends and family, attending our TCDLA Members Trip. This even includes our CDLP seminar—Upholding Justice One Client at a Time—the Board of Directors orientation for TCDLA, the Criminal Defense Lawyers Project (CDLP), and our foundation, the Texas Criminal Defense Lawyers Education Institute (TCDLEI). It’s a reunion with TCDLA family and friends I have known for years, and an opportunity to meet newer members of TCDLA and their families.

July 2016 Complete Issue - PDF Download
Friday, July 22nd, 2016
Features
21 | The Many Faces of Rusty: Pictures from the Rusty Duncan Advanced Criminal Law Seminar
24 | SMO: Front–Loading Mitigation - By Gerald Bierbaum
27 | July Fourth Readings: The Principals - The stalwarts leading the charge
Tribal Wars & Jail House Suicide
Saturday, June 11th, 2016

What Apache Medellin originally wanted was Necho Solis’ left eye. He wanted to make a ring out of it. It took some time to for his fellow gang members to convince him that it was going to be very hard to sell Necho’s death as a suicide if his left eye was missing.

WE Are UNLESS
Saturday, June 11th, 2016

All persons are presumed to be innocent and no person may be convicted of an offense unless each element of the offense is proved beyond a reasonable doubt.

—Tex. Pen. Code 2.01

Expediting Production of DWI Audio/Video Recordings Even Where Charges Have Not Been Filed-1
Saturday, June 11th, 2016

 

 

We have all been there. Your new DWI client gets arrested in a county where the prosecutor steadfastly declines to provide any discovery, including audio/video electronic recordings, until formal charges are filed.

Said & Done New
Saturday, June 11th, 2016

Kudos

TCDLA Associate Director Courtney Stamper passed along some information that, he says, “may sound a little simple but it created some issues for the State in a trial I was in last week.” He said to make sure prosecution has a proper chain of custody for a gun, and that the document trail is in good shape.

Saturday, June 11th, 2016

On May 10, 2016, a panel of the United States Court of Appeals for the Tenth Circuit held that a defendant faced some danger of self-incrimination if he was required to answer mandatory questions during a sex offender history polygraph; and, the government’s threat to seek revocation of the defendant’s supervised release constituted an unconstitutional compulsion to submit to such a polygraph under the Fifth Amendment. [The panel: Circuit Judges Briscoe, Seymour, and Lucero (opinion by Seymour)] United States v.

Saturday, June 11th, 2016

You reviewed the probable cause and interviewed your new client after receiving the court-appointment order. Prior to meeting the client, perhaps, you received a call from his mother, who shared some facts and issues related to her son’s case. As you return from the county jail, your head is now muddled with facts, arguments, theories, and things to do. The client’s case is your responsibility now. From the jumble of information collected during intake, how do you set about finding the most powerful case for your new client?

Saturday, June 11th, 2016

It’s nice to be needed. And given the overall changes in the world around us, criminal defense lawyers are needed more than ever. We provide balance to an often seemingly imbalanced system—and hope, reassurance, and when it goes best, rescue to those whom we serve. We are the ones who consistently challenge the status quo. We are the ones who are unafraid to be in the minority.

Saturday, June 11th, 2016

Special thank to Deandra Grant (Dallas), Larry Boyd (Dallas), and Abe Factor (Fort Worth), our course directors for our 9th Annual DWI Defense Project held in Arlington in May. Thanks to them and our speakers, we had an outstanding line of presentations on DWI defense. We encourage our members to attend our DWI CLE.

We have a great line up of DWI CLE in the coming months. Please join us for these quality DWI seminars:

Saturday, June 11th, 2016

I am excited and humbled to take the reins of leadership as President of TCDLA—thanks to Sam Bassett for a great year! We are the statewide criminal defense lawyers’ professional association in the State of Texas. We are 3,100 members strong. We are the voice for the defense in both word and deed. I thank each and every one of you for your membership, and for your support for our TCDLA.

June 2016 Complete Issue - PDF Download
Saturday, June 11th, 2016
Features
27 | Expediting Production of DWI Audio/Video Recordings Even Where Charges Have Not Been Filed - By Gary Trichter & Ed McClees
33 | WE Are UNLESS - By Rick Oliver
37 | Tribal Wars and Jail House Suicide - By Judge Wayne Patrick Priest

Columns
7 | President's Message
Privilege vs. Confidentiality
Thursday, May 5th, 2016

We’ve all been there. You’re set for trial, you get the State’s witness list, and a name seems vaguely familiar... and uh-oh, you’ve represented one of the witnesses before. And now the state intends to call him as a witness at trial, to testify against your current client.

The Kibitzer Case
Thursday, May 5th, 2016

Perhaps the most unusual appearance as attorney of record in a case I ever experienced occurred in a case in which the government had already rested its case before I became involved.

2016 TCDLA Long Range Plan
Thursday, May 5th, 2016

TCDLA Long Range Planning Committee Members, 2015–2016: Edward Mallett (Chair),
William Harris (Co-Chair), Marjorie Bachman, Craig Jett, and Stephanie Patten.
TCDLA Long Range Planning Committee Staff: Joseph Martinez, Melissa Schank

A Tribute to Buck Files
Thursday, May 5th, 2016

There is a blithe irony in our honoring Buck for his 200th article for this publication—a man of few words for having expressed literally thousands of them. In fact, if you know Buck, you’ve likely had entire conversations when he used only three: “Never Quit. Never.”

Buck calls that phrase his “mantra,” and it is profoundly self-expository. In fact, it is its speaker in sum.

Buck Files Makes It 200!
Thursday, May 5th, 2016

In October 1986 the U.S. president was Reagan, Thatcher was UK Prime Minister, and Gorbachev was in power in Russia. The Berlin Wall yet divided East and West Germany. “Magnum PI” was the most popular TV show, the Mets won the 1986 World Series.

Said & Done New
Thursday, May 5th, 2016

Kudos

Kudos to Bradley L. Clark of Fort Worth, who was recently elected to membership in the Fellows of the Texas Bar Foundation.

Thursday, May 5th, 2016

This column is about Robert C. Nalley, a Maryland state judge who committed a federal criminal offense in a courtroom where he was hearing pre-trial matters before jury selection began. You will see in real time what the judge does and how it impacted the defendant, Delvon King-Ali, who was standing before him:

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