Features

Editor's Comment: Back 2 School
Friday, September 2nd, 2016

School is back in session. College campuses are crawling again with students, fresh back from summer break. Dorm rooms are filled with first-year college students yearning for the ultimate college experience, complete with an appropriate balance of academic success and serious fun. The endless weekends of fraternity and sorority parties and tailgating events are well underway. The backdrop is thus perfectly set for the code of student conduct hearings that are regularly happening in universities around our state.

Friday, September 2nd, 2016

We thank outgoing TCDLA President Sam Basset (Austin) for his service to the TCDLA membership over the last year. We wish him well and good verdicts.

John Convery (San Antonio) took the helm of TCDLA as president in June at the 45th Annual TCDLA Annual Meeting. We look forward to a most productive year under John’s leadership.

Friday, September 2nd, 2016

I was thinking about what I wanted to convey to you in my president’s message as I watched the Olympics wrapping up in Rio. Like most of you, I was enthralled by the games. As the athletes’ nervous anticipation turned into joy or heartbreak, one thing stood out most vividly to me. It wasn’t just the recognition of the athletes’ skill, training, and commitment or the sheer wonderment of so many countries setting aside their differences and coming together. It wasn’t solely about who won the gold or who fell short. Instead, I was captivated by the patriotism.

September 2016 Complete Issue - PDF Download
Friday, September 2nd, 2016
Features
23 | The Warrior’s Discovery Toolbox - By Chris Hesse
29 | Are You Thinking About Cyber Security? - By Clinton Henry
32 | In Defense of Authenticity - By Brian Schmidt
35 | Misdemeanor Murder! - By Judge Pat Priest

Columns
7 | President's Message
Declaration Reading Recollections and Media Mentions
Friday, July 22nd, 2016

“We came through the long Sanderson Canyon to the county seat of Terrell County.

Reading Old Words Is Good for the Soul
Friday, July 22nd, 2016

Perhaps my earliest memory as a baby lawyer was watching worried law professors and bar leaders wringing their hands, wondering: “How can we improve our image as lawyers? Pro bono work? Public service? Legal ethics education?” Nothing seemed to work.

July Fourth Readings: The Principals
Friday, July 22nd, 2016

“A big thanks to all the hard-working people who made this historic event possible. Together, we made the profound words of the Declaration come alive in our hometowns. We reminded our fellow Texans that our devotion to the preservation of our liberty defines us as a people.

SMO: Front–Loading Mitigation
Friday, July 22nd, 2016

Empathy breeds proper judgment. . . . Empathy gives you an inside view. It doesn’t say, “If that was me . . .” Empathy says, “That is me.”

Said & Done New
Friday, July 22nd, 2016

Kudos

Congratulations to Tracy Cluck of Austin on his PDR win. In December of last year, Tracy filed a PDR alleging four points of error.

Friday, July 22nd, 2016

Some 40 years ago, fellow TCDLA member Pat Ireland and I were representing a constable from Lamar County who had been indicted for violating the civil rights of some devil worshippers by whipping up on them. [That wasn’t the language of the indictment, but it was the gist of the offense.] In spite of our best efforts, the jury had no difficulty in returning a verdict of guilty. When it came time for sentencing, though, we had a great day.

Friday, July 22nd, 2016

“Sticks and stones may break my bones but words will never hurt me.” An old saying we most all grew up with, and also one that many have discovered to be untrue. The phrase was originally presented as an “old adage” and was first cited in The Christian Recorder of March 1862, a publication of the African Methodist Episcopal Church. Notably, the reference to the phrase as an “old adage” suggests an even earlier coinage.

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.

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