TCDLA

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Stories from TCDLA

April 2016 Complete Issue - PDF Download
Saturday, April 9th, 2016
Features
21 | The 40th Annual Texas Criminal Trial College
25 | Between a Reversal at the Court of Appeals and Discretionary Review: What Are Appointed Counsel’s Duties? - By John Bennett
29 | Successfully Suppressing a Search Warrant in Federal Court - By Mary Beth Harrell
Saturday, March 12th, 2016

Voice for the Defense Volume 45, No. 2 Edition

Editors: Tim Crooks, Kathleen Nacozy

Supreme Court

The judge in D’s murder trial did not violate U.S. Const. amend. VI by dismissing a juror who provided equivocal answers when asked if he could impose the death penalty if D was convicted. White v. Wheeler, 136 S. Ct. 456 (2015).

Said & Done New
Saturday, March 12th, 2016
March 2016 Complete Issue - PDF Download
Saturday, March 12th, 2016
Features
25 | Procedural Choke Points in 46B Competency Issues - By Floyd L. Jennings
33 | "If All You Got Is Reasonable Doubt to Rely On, You’re Screwed" - By Susan Schoon
37 | A Lesson in Double Jeopardy - By Judge Wayne Patrick Priest

Columns
7 | President's Message
Tuesday, February 16th, 2016

Voice for the Defense Volume 45, No. 1 Edition

Editors: Tim Crooks, Kathleen Nacozy

Supreme Court

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).

Said & Done New
Tuesday, February 16th, 2016

Kudos

Kudos to TCDLA members recently certified in criminal law by the Board of Legal Specialization: Jonathan Hyatt (Longview), Justin Nimz (Wichita Falls), Richard Oliver (Houston), and Jed Silverman (Houston). Congratulations, fellow warriors.

January/February 2016 Complete Issue - PDF Download
Tuesday, February 16th, 2016
Features
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
Wednesday, January 6th, 2016

Voice for the Defense Volume 44, No. 10 Edition

Editors: Tim Crooks, Kathleen Nacozy

Said & Done New
Wednesday, January 6th, 2016

Kudos

November 18, 2015, was a red-letter day for the Herr­mann & Weaver law firm of Amarillo. TCDLA member Walt Weaver notched an NG in Carson County on a bust of 52 pounds of meth.

December 2015 Complete Issue - PDF Download
Wednesday, January 6th, 2016
Features
22 | The Right to Present a Defense: Help When You Really Need It - By Wade Russell
28 | Do Not Be Afraid of Challenging the Show-Up Identification - By Mary Beth Harrell
33 | I Am Alive Today Because I Listened to My Body - By Buck Files
Saturday, November 21st, 2015

Voice for the Defense Volume 44, No. 9 Edition

Editors: Tim Crooks, Kathleen Nacozy

Said & Done New
Saturday, November 21st, 2015

Kudos

Board Member Carmen Roe of Houston convinced a grand jury to “no bill” her 25-to-Life client stopped for speeding—and found in possession of 7 bags of cocaine, 1 bag of marijuana, and 2 bottles of pills.

November 2015 Complete Issue - PDF Download
Saturday, November 21st, 2015
Features
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
Saturday, October 10th, 2015

Voice for the Defense Volume 44, No. 8 Edition

Editors: Tim Crooks, Kathleen Nacozy

Supreme Court

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).

Said & Done New
Saturday, October 10th, 2015

Kudos

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.

October 2015 Complete Issue - PDF Download
Saturday, October 10th, 2015
Features
20 | Going to Prison in Texas in 2015, Part 2 - By William T. Habern, David P. O’Neil & Debra Bone
28 | Continuously Trying - Article & Motions by Bruce S. Fox
36 | Three Hots and a Cot - By Judge Wayne Patrick Priest

Columns
7 | President's Message
Wednesday, September 16th, 2015

Voice for the Defense Volume 44, No. 7 Edition

Editors: Tim Crooks, Kathleen Nacozy

Supreme Court

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).

Said & Done New
Wednesday, September 16th, 2015

Kudos

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.

September 2015 Complete Issue - PDF Download
Wednesday, September 16th, 2015
Features
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
Thursday, August 13th, 2015

Voice for the Defense Volume 44, No. 6 Edition

Editors: Tim Crooks, Kathleen Nacozy

Supreme Court

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).