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Stories from TCDLA

Thursday, March 30th, 2017

Voice for the Defense Volume 46, No. 3 Edition

Editor: Michael Mowla

From author Michael Mowla:

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

2. The case-opinions range from 5 to over 100 pages, so I focus on the most relevant parts to write summaries of one to four pages.

3. 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.

Shout Outs
Thursday, March 30th, 2017

A big Shout Out from Bill Habern to his fellow recipient of last year’s Percy Foreman Lawyer of the Year award—Richard Gladden of Denton, Texas—for his daunting work landing a restraining order against the DPS.

April 2017 Complete Issue - PDF Download
Thursday, March 30th, 2017
Features
21 | The Time Has Come to Tear Down the Iron Curtain Between the Constitution and Texas Prisons: How to Challenge a Warrantless Jail Cell Search - By Mark Stevens
26 | Flowchart on DPS Surcharges - By Ted Wood
37 | Status Update: The Fourth Amendment Is Unlikely to Protect Social Media Footprints - By Katherine Devlin
Thursday, March 9th, 2017

Voice for the Defense Volume 46, No. 2 Edition

Editor: Michael Mowla

From author Michael Mowla:

1. I summarize each case in a manner that allows readers to generally use this SDR instead of reading every case. However, if you determine that a summarized case may be relevant to one of your cases, I urge you to read the case and not rely solely upon these summaries.

2. Facts, further analysis and depth is provided in the electronic version of the SDR.

Shout Outs
Thursday, March 9th, 2017

A shout out to Cory Roth of Houston for his recent success in an extremely convoluted case (assault family violence). D, a 57-year-old Navy vet who accumulated some wealth and property, was accused by the half-sister of one of his kids.

March 2017 Complete Issue - PDF Download
Thursday, March 9th, 2017
Features
22 | If You’re Going to Rusty Duncan... What you’re going to need to know before heading out to Rusty this year
25 | Can the Ails of the Cross-Race Effect on Eyewitness Testimony Be Cured? - By Kristin R. Brown
Thursday, January 26th, 2017

Voice for the Defense Volume 46, No. 1 Edition

Editors: Tim Crooks, Kathleen Nacozy

Supreme Court

The Sixth Amendment speedy trial guarantee did not apply to the 14-month delay between D’s conviction and sentencing. Betterman v. Montana, 136 S. Ct. 1609 (2016).

Shout Outs
Thursday, January 26th, 2017

Kudos to Lubbock’s David Guinn on a big win in the toughest of cases. Defendant, who became U.S. citizen in 2013, faced dual charges of Super Agg Sexual Assault of Child < 6 and Agg Sexual Assault of a Child > 6.

January/February 2017 Complete Issue - PDF Download
Wednesday, January 25th, 2017
Features
27 | Forensic Science in Criminal Courts: The PCAST Report - By Walter Reaves
31 | A Thorn in the Side of Forensic DNA: Complex Mixtures - By Lydia McCoy
33 | Lawyers Look Out: Judge May Not Pay for Your Work - By Drew Willey
Tuesday, December 6th, 2016

Voice for the Defense Volume 45, No. 10 Edition

Editors: Tim Crooks, Kathleen Nacozy

Shout Outs
Tuesday, December 6th, 2016

Kudos, congratulations, and plaudits to Mike Ware, Gary Udashen, Walter Reaves, Casie Gotro, and Keith Hampton, as the Court of Criminal Appeals declared their clients, the San Antonio 4, actually innocent.

December 2016 Complete Issue - PDF Download
Tuesday, December 6th, 2016
Features
21 | DWI Jury Punishment - By John Gioffredi
25 | The Roles of Forensic Mental Health Experts in the Legal System: What Practitioners of Law May Need to Know - By M. K. Hamza
33 | Suppressing Evidence Obtained From Proactive Drug Interdiction Speeding Stop - By Robert Eutsler
Saturday, November 5th, 2016

Voice for the Defense Volume 45, No. 9 Edition

Editors: Tim Crooks, Kathleen Nacozy

Supreme Court

Johnson v. United States, 135 S. Ct. 2551 (2015), which held that the residual clause of the Armed Career Criminal Act was void for vagueness, was a substantive decision that applied retroactively to D’s case. Welch v. United States, 136 S. Ct. 1257 (2016).

Shout Outs
Saturday, November 5th, 2016

Kudos to Jim Huggler of Tyler on a big win in the CCA, gaining a reversal in the Walker v. State case.

November 2016 Complete Issue - PDF Download
Saturday, November 5th, 2016

Features
21 | Receipt of Incriminating Evidence and the Need for Protection - By Keith Hampton
28 | Avoiding the One-Eyed Expert and Handling the Others - By Hilary Sheard
36 | The Long Hot Summer—Dilley Style - By Judge Pat Priest

Columns
6 | President's Message

Friday, October 7th, 2016

Voice for the Defense Volume 45, No. 8 Edition

Editors: Tim Crooks, Kathleen Nacozy

Supreme Court

SORNA did not require D, a registered sex offender, to update his registration in Kansas once he left the state and moved to the Philippines. Nichols v. United States, 136 S. Ct. 1113 (2016).

Said &amp; Done New
Friday, October 7th, 2016

Kudos

Kudos to Harris County Chief Public Defender Alexander Bunin, who was presented with the Champion of Public Defense Award by the National Association of Criminal Defense Lawyers (NACDL) at its 59th Annual Meeting in Palm Beach, FL, in August.

October 2016 Complete Issue - PDF Download
Friday, October 7th, 2016
Features
23 | Defending Child Injury Cases - By Sarah Roland
30 | Ethical Problems with Giving Free Legal Advice - By Janet Burnett
34 | The Leming Opinion Is Not the Silver Bullet Prosecutors Claim - By Lanny Begley
37 | 4th Amendment Musings: Search & Seizure: So, What’s Going On? - By Kelly Pace
Friday, September 2nd, 2016

Voice for the Defense Volume 45, No. 7 Edition

Editors: Tim Crooks, Kathleen Nacozy