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Stories from TCDLA

April 2018 SDR-1
Saturday, March 31st, 2018

Voice for the Defense Volume 47, No. 3 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.

Shout Outs
Saturday, March 31st, 2018

Shout to Christopher Till of Comanche for the big NG in a recent delivery of meth case. Chris had filed a motion in limine attempting to block a video and audio recording made of the delivery by a confidential informant—who didn’t happen to make it for the trial. In closing he reminded the jury of a defendant’s right to confront the witness against him (which the court had disregarded in allowing the video), and the jury agreed.

April 2018 Complete Issue - PDF Download
Saturday, March 31st, 2018
Features
24 | What’s New and What’s the Same at This Year’s Rusty Duncan
27 | The Intersection of Mental Illness & the Criminal Justice System - By Sarah Roland
35 | From the Archives: TCDLA & NACDL, Helping Each Other - By Hon. Frank Maloney

Columns
6 | President's Message
March 2018 SDR-1
Friday, March 9th, 2018

Voice for the Defense Volume 47, No. 2 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.

Shout Outs
Friday, March 9th, 2018

Kudos to TCDLA Director Keith Hampton for his big save in front of the parole board. For the first time since 2007, the Texas Board of Pardons and Paroles voted to recommend a lesser sentence for a death row inmate. The board voted unanimously in favor of clemency for Thomas Bartlett Whitaker, halting a scheduled execution. Gov. Greg Abbott then approved the recommendation, the first such approval after 30 denied.

March 2018 Complete Issue - PDF Download
Friday, March 9th, 2018
Features
23 | Not Guilty v. Cerberus: Winning Intoxicated Manslaughter Trials - By Mark Thiessen
29 | The “Business Duty” Rule for Business and Public Records - By Clint Broden

Columns
6 | President's Message
10 | Interim Executive Director's Perspective
12 | Ethics and the Law
January 2018 SDR-1
Tuesday, February 6th, 2018

Voice for the Defense Volume 47, No. 1 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.

Shout Outs
Tuesday, February 6th, 2018

Shout outs to TCDLA Director Frank Sellers and former Voice editor Greg Westfall for the big NG on some serious charges: Continuous Sexual Abuse of a Child, Aggravated Sexual Assault of a Child, and Indecency with a Child. D, who had just started his job as a jailer in Dallas County, was accused of continuously having sexual contact with his then 6-year-old stepdaughter.

January/February 2018 Complete Issue - PDF Download
Tuesday, February 6th, 2018
Features
24 | Attacking “False Evidence” and “Junk Science” in Wrongful Convictions - By Mike Ware
32 | Court-Funded Defense - By Scott Pawgan

Columns
6 | President's Message
9 | Executive Director's Perspective
10 | Editor's Comment
12 | Off the Back
Review of the Operations of State Counsel for Offenders
Wednesday, January 3rd, 2018

In December 2017, the State Bar of Texas’ Legal Services to the Poor in Criminal Matters Committee (LSPCM) published its Review of the Operations of State Counsel for Offenders. TCDLA’s 2014 resolution on SCFO served as an impetus for the research, along with a request from TCDLA’s Corrections and Parole Committee for LSPCM to

Thursday, December 14th, 2017

Voice for the Defense Volume 46, No. 10 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.

Shout Outs
Thursday, December 14th, 2017

A big shout out to Facebook fave Casie Gotro for the recent mistrial declared in her Waco Twin Peaks case, following yet another release of discovery evidence not previously tendered—from both the city of Waco and the DPS. The jury in the case was deadlocked after more than 14 hours deliberating (according to a courthouse source, no more than six jurors favored a guilty verdict).

December 2017 Complete Issue - PDF Download
Thursday, December 14th, 2017
Features
22 | Interpreting and Arguing the Scope of the Michael Morton Act: Defense Counsel Perspective on Scope of the Act - By Jason Niehaus & Sarah Pierce
27 | File Safe - By Chris Raesz
30 | Alibi as a Defense - By Jonathan Hyatt
32 | How Lubbock’s “Prairie Dog Lawyers” Seminar Got Its Name - By Chuck Lanehart
November 2017 SDR-1
Tuesday, October 31st, 2017

Voice for the Defense Volume 46, No. 9 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.

Shout Outs
Tuesday, October 31st, 2017

A big shout out to Randy Schaffer of Houston, at whose behest the State Bar of Texas is pursuing disciplinary action against a former Harris County assistant district attorney—who allegedly struck deals with three jailhouse informants in exchange for testimony in a capital murder trial without notifying the defense.

November 2017 Complete Issue - PDF Download
Tuesday, October 31st, 2017
Features
22 | Statutory Changes Regarding Mentally Ill Defendants - By Floyd L. Jennings
29 | Court Costs - By Audrey Chao
34 | Private Investigators: How to Choose One, and How to Use One—Effectively - By Jeff Wax

Columns
6 | President's Message
8 | Executive Director's Perspective
October 2017 SDR-1
Saturday, September 30th, 2017

Voice for the Defense Volume 46, No. 8 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.

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.

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