Features

Surviving Hurricane Harvey: Houston Lawyers and Others on the Ordeal
Saturday, September 30th, 2017

When the full scope of the Hurricane Harvey tragedy became evident, I was struck by the enormity of the disaster. I wondered how people like me—people in the law business—could survive such a challenge.

Shout Outs
Saturday, September 30th, 2017

Shout out to 2016 TCDLA Lawyer of the Year Richard Gladden for a recent win in district court. District judge granted a motion for summary judgment Richard filed on behalf of D in a Section 1983 Civil Rights case. The Court ruled D’s federal right to procedural due process was violated by the Sex Offender Registration Bureau (SORB) at the Texas DPS in Austin.

Saturday, September 30th, 2017

On September 6, 2017, I received an email from my immigration guru, Richard Fischer of Nacogdoches. Attached to that email was a copy of Matter of Ali Mohamed Mohamed, 27 I&N Dec. 92 (BIA 2017), Interim Decision #3900. This was a September 5th decision of a panel of the U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals.

Saturday, September 30th, 2017

I was fortunate to have survived much of Harvey’s rage. But an attorney colleague of mine was not so lucky. Listening to her story, I was struck not only by the terror of nature’s fury, but by her steely coolness under pressure—in the midst of a crisis beyond her control. This is how she stared down the wrath of Hurricane Harvey.

Saturday, September 30th, 2017

How many times has it happened? The State needs to prove up a prior judgment for jurisdictional, enhancement, or punishment purposes and just lists any (or every) investigator in the DA’s office or sheriff’s office as an expert to prove up the fingerprints. We assume the judgment is coming in, well, because it always has, so we just stipulate thinking it will somehow earn our client points with the jury for accepting responsibility. We even point out to the jury how this time is different because in the past our client has accepted responsibility.

Executive Director's Perspective: Quarterly Report
Saturday, September 30th, 2017

TCDLA under David Moore’s leadership has initiated the Hurricane Harvey Lawyers Relief Fund Committee, chaired by Danny Easterling (Houston) with other members on from the affected area. Donations are being accepted and will be used to alleviate some of the burdens that this historic storm has placed on our fellow criminal law practitioners. Please consider making a contribution. Please go to our website for more information or go directly to the donation page (www.tcdla.com/harvey).

President's Message: Adios, Kemo Sabe-2
Saturday, September 30th, 2017

When I first started this article, our son Jacob was leaving home in three days, headed off to Rhodes College in Memphis. I know we all think that our own children are terrific, but Jacob is a great kid by anyone’s standards.

October 2017 Complete Issue - PDF Download
Saturday, September 30th, 2017
Features
22 | Surviving Hurricane Harvey: Houston Lawyers and Others on the Ordeal - Compiled by Chuck Lanehart
      With Yong J. An
      David Moore
      Judy Mingledorff
      Thuy Le
      Lisa Shapiro Strauss
      Christina Appelt
      Robb Fickman
      Monique Sparks
Tuesday, September 12th, 2017

Dear Members,

Many of our brothers and sisters up and down the coast have suffered devastating losses in the wake of Hurricane Harvey. With their offices and homes damaged or destroyed, they are struggling to regain some semblance of normalcy and their capacity to continue to defend the citizen accused.

The Ballad of Baldo Cortez and ‘Lefty’
Friday, September 1st, 2017

Lawyers realize the kind of personal physical courage required to see a good cop through a night-watch shift in a crime-infested neighborhood where few sympathize with the job he must do.

Psycho . . . What?
Friday, September 1st, 2017

I practice law in Lubbock, Texas, where I hung out my shingle immediately after finishing law school in 2008. I was very fortunate to have a group of dedicated mentors who helped me get my firm off the ground. The majority of my practice consists of criminal defense work, although I also handle personal injury, family, small business, and traffic ticket cases.

Packingham v. North Carolina: Will the U.S. Supreme Court’s Decision Impact a “Sex Offender” Law in Texas?
Friday, September 1st, 2017

In 2002, a 21-year-old college student in North Carolina named Lester Gerard Packingham had consensual sex with a 13-year-old girl.

Social Media Evidence
Friday, September 1st, 2017

I. Introduction

On October 17, 2009, at 11:49 a.m., Rodney Bradford posted “ON THE PHONE WITH THIS FAT CHICK . . . WHERER MY IHOP” on Facebook.2 At the same time, a few miles away, an armed robbery was happening.

Shout Outs
Thursday, August 31st, 2017

Shout out to Justin Underwood for a recent vitory in a week-long Intox Manslaughter and Manslaughter trial in El Paso. Trial resulted from an accident on I-10 in a construction zone. No witnesses at scene, but cops said D was intoxicated. Only officer at hospital said Intox, based solely off HGN and interaction with D—an interaction he described as perfectly normal about 20 times, says Justin.

Thursday, August 31st, 2017

No client is more self-righteously indignant than the one who learns that he has been tricked into giving a confession by officers using a variation of the very old “we-found-your-fingerprints-at-the-scene” ploy. Unfortunately for the client, the courts have approved the use of such trickery—e.g.,

Thursday, August 31st, 2017

Life is full of problems. . . The life of a lawyer can bring on many problems that regular citizens are not aware of and sometimes have little sympathy for. . .  Lawyers—like doctors, law enforcement officers, and other professions—are disliked and sometimes hated until they are needed.

Thursday, August 31st, 2017

Deciding to litigate a DWI first offense has historically been a no-brainer. Unless the prosecutor was willing to reduce charges and offer deferred adjudication on obstructing a highway, for instance, teeing-up a jury trial was almost automatic. What did the client have to lose when the best offer was a DWI conviction? Expunging or sealing the records of a conviction was impossible, anyway. But if deferred adjudication for obstructing was on the table, the calculus was much different.

Thursday, August 31st, 2017

It finally happened. Kind of. In what appeared to be a very impromptu statement on August 10th, our president declared the opioid epidemic a national emergency. What that will do is free up necessary disaster funding to help address the crisis.*

Thursday, August 31st, 2017

Please join me in thanking Robb Fickman (Houston) and Chuck Lanehart (Lubbock), our TCDLA 2017 Readings statewide project coordinators. Thanks to their outstanding efforts this year, there were Readings of the Declaration of Independence in over 120 counties across Texas. In addition, the 11 members of “F Troop,” the local coordinators, contributed to the overall success of the project. Robb brought the project to TCDLA from its inception in Houston, and we thank him for having the vision and foresight to do so.

President's Message: What Would You Have Done?
Thursday, August 31st, 2017

In January of 1933, Adolf Hitler was sworn in as Chancellor of Germany. Convincing the German masses that he alone was their hope for the restoration and preservation of Germany, he quickly began to consolidate his power and implement his programs.

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