Features

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October 2011
October 2011 Complete Issue - PDF Download
Wednesday, November 2nd, 2011
Features
22 | The Dismissal of Writs by the Court of Criminal Appeals - By Jani Maselli
26 | Changes to 46B: Harmonizing HB 748 and HB 2725, Part I - By Floyd L. Jennings
34 | Mitigation of Defendants in Federal Court - By Sharon Valenti
44 | Motion for Waiver of DPS Surcharge - By Stephen L. Hamilton

Columns
8 | President’s Message
The Dismissal of Writs by the Court of Criminal Appeals
Wednesday, November 2nd, 2011

Where I messed up was that my Ground for Review Number Three began half of the way down the same page where the facts from my Ground of Review Number Two ended.

—a dismayed colleague

Changes to 46B:  Harmonizing HB 748 and HB 2725 - Part I
Wednesday, November 2nd, 2011

I. Overview

Tex. Code Crim. Proc. art. 46B, having to do with competency, was amended by the 82nd Legislature. In the following, those changes effective September 1, 2011 will be reviewed.

Mitigation of Defendants in Federal Court
Wednesday, November 2nd, 2011

I first began writing presentence reports in 1983, pre-guideline. Psychological and social histories were important to the investigation of defendants and their offenses. Our “motto” was “investigate, question, probe.” Many do not know that in actuality there were sentencing statistics issued by the Administrative Office of the U.S. Courts every year.

The Sniff Test
Wednesday, November 2nd, 2011

In my May 2010 President's Message in the Voice, I shared my view of forensic science in this state. I lamented the abysmal history of forensic science and that innocent individuals who have been incarcerated and that our Court of Criminal Appeals has been non-responsive. In my column, I stated:

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