Features

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.

September 2017 Complete Issue - PDF Download
Thursday, August 31st, 2017
Features
23 | Social Media Evidence - By Frank Sellers
31 | Packingham v. North Carolina: Will the U.S. Supreme Court’s Decision Impact a “Sex Offender” Law in Texas? - By Richard Gladden
37 | Psycho ...What? - By Justin Kiechler
39 | The Ballad of Baldo Cortez & 'Lefty' - By Judge Pat Priest
SDR July2017-1
Tuesday, July 25th, 2017

Voice for the Defense Volume 46, No. 6 Edition

Editor: Michael Mowla

From editor Michael Mowla:

1. I summarize each opinion in a manner that allows readers to generally use this SDR instead of reading every opinion.

2. If you determine that a summarized opinion is relevant to one of your cases, I urge you to read the opinion and not rely solely upon these summaries.

2017 Declaration Reading Recollections and Media Mentions
Tuesday, July 25th, 2017

 

Lubbock criminal defense attorneys hold annual reading of Declaration of Independence

Members of the Lubbock Criminal Defense Lawyers Association took turns Friday morning on the courthouse lawn reading the grievances against British rule American colonists listed in a document that became the

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.

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