Stories from TCDLA
Voice for the Defense Volume 45, No. 1 Edition
Petitioners failed to establish a likelihood of success on their claim that using midazolam for execution violates U.S. Const. amend. VIII. Glossip v. Gross, 135 S. Ct. 2726 (2015).
22 | The Michael Morton Act’s Undiscovered Country - By Keith Hampton
28 | The Fourth Amendment and Traffic Stops: A Completely Fictitious, Tongue-in-Cheek Guide to Being a Successful Drug Courier - By Todd Duncan
36 | Do Not Mess With Papa’s Daughter - By Judge Wayne Patrick Priest
20 | Fear and Loathing in South Texas: If Dr. Hunter S. Thompson Got a DWI in Texas in 2015 - By Mark Thiessen and Rick Oliver
30 | The Right to a Speedy Trial: Punishing the System for Making Us Wait - Article & Motion by Joseph Hoelscher II
37 | The Case of Seduction - By Judge Wayne Patrick Priest
Voice for the Defense Volume 44, No. 8 Edition
A court of appeals has jurisdiction to review the Board of Immigration Appeals rejection of a non-citizen’s motion to reopen, even when the Board rejects the motion as untimely or it rejects a motion requesting equitable tolling of the time limit. Reyes Mata v. Lynch, 135 S. Ct. 2150 (2015).
President Sam Bassett extends special thanks to Robb Fickmann for his assistance in drafting the complaint against McLennan County Justice of the Peace Peterson on behalf of TCDLA’s Judicial Integrity Committee. A host of members posted on the listserve expressing similar feelings of gratitude.
Voice for the Defense Volume 44, No. 7 Edition
D’s Kansas conviction for concealing unnamed pills in his sock did not trigger removal under 8 U.S.C. § 1227(a)(2)(B)(i). Mellouli v. Lynch, 135 S. Ct. 1980 (2015), stay granted, No. 15A137 (U.S. Aug 21, 2015).
Congratulations to Jeff Blackburn of Amarillo for receiving the Champion of Justice award from TCDLA at the TCDLA Innocence 101: Criminal Practice seminar in Austin in August. The award was given for his work in the posthumous exoneration of Tim Cole and the resulting legislation.
18 | “Most People Call Me Charlie” - By Mark Stevens
22 | Going to Prison in Texas in 2015, Part 1 - By William T. Habern, David P. O’Neil & Debra Bone
32 | We Need Those Stinking Badges: Courthouse Security for Texas Lawyers 101 - By Chuck Lanehart, Sarah Gunter & Charles Blevins
Voice for the Defense Volume 44, No. 6 Edition
When a court was satisfied that a felon would not retain control over his guns, 18 U.S.C.S. § 922(g) did not apply, and the court had equitable power to accommodate a felon’s request to transfer firearms to a third party. Henderson v. United States, 135 S. Ct. 1780 (2015).
Our own Buck Files has been honored once again, this time by the Texas Bar Foundation, which named him one of six Outstanding 50-Year Lawyers for 2015. Election to the Fellows of the Texas Bar Foundation is one of the highest honors that can be bestowed upon a member of the State Bar of Texas, representing the top one-third of one percent of Texas attorneys.
20 | Pictures from the Fourth of July Readings - By Robb Fickman
24 | Intoxilyzer™ 9000 in Texas - By Mark Ryan Thiessen
31 | Jeopardy Should Attach to an Acquittal in the Court of Appeal - By Stan Brown
36 | Joining the Military with a Juvenile Record - By Betty E. Rodriguez
In May, Sam Bassett had two separate motions to suppress granted in DWI cases. In Burnet County, Sam won on a McNeely issue in felony DWI case with an alleged .24 blood test result. The timing of the Court of Criminal Appeals couldn’t have been better.