Stories from TCDLA
21 | Pictures from the Rusty Duncan Advanced Criminal Seminar
23 | Can We Please—Finally—Have a Rational Discussion on the Subject of Sex Offenders? - By Armando Simón
27 | DNA Evidence—New Tactics to Use in Challenging - By L. T. “Butch” Bradt, Betsy L. Grubbs & Kim Hart
In March, Patty Tress, Lisa Fox, and Oni Groves received a not guilty verdict on a murder case in Dallas County. In a hard-fought battle over 5 days of testimony and many hearings, the jury heard very little testimony as the defense team came prepared with the rules of evidence and objections to evidence. After deliberating for 3 hours, the jury returned the two-word verdict.
21 | Extending Riley and Wurie: Warrantless Privacy Intrusions on Location Records of Texas Defendants - By Drew Willey w/ Angela Cameron
26 | Learning the Rules of Evidence the Hard, Slow Way - By Ed & Sara Stapleton
34 | Shifting Burdens of Proof in a Motion to Suppress - By Kyle Therrian
Voice for the Defense Volume 44, No. 3 Edition
The Fifth Circuit erred in holding that a federal habeas petitioner who prevailed in district court must file a separate certificate of appealability to respond to the State’s appeal. Jennings v. Stephens, 135 S. Ct. 793 (2015).
TCDLA members W. Alan Bennett and Susan Kelly (also a board member) heard the two-word verdict in a Waco murder trial after nine hours of jury deliberation. A big problem for the state was the testimony of one of its witnesses—a prison inmate serving 50 years for 5 aggravated robberies.
23 | 'If DNA, Then Guilty': Strategies for Overcoming Juror Assumptions About DNA Evidence in Criminal Trials - By Christina T. Kline, Demosthenes Lorandos & Michael Spence
31 | Win Through Emotion, Not Facts! - By John J. Eastland
34 | Jury Trial of Dzhokhar “Johar” Tsarnaev—Day 27 - Judy Clarke opening statement
23 | Beyond a Reasonable Doubt: The Undefinition - By Craig Jett
27 | The Current Legal Landscape of the U.S. Government’s Bulk Collection of Telephone Record Metadata, August 2014 - By Mick Mickelsen
29 | Literature as a Portal into Human Nature for the Defender - By Ed & Sara Stapleton
Voice for the Defense Volume 44, No. 1 Edition
Police generally may not without a warrant search information on a cell phone seized from an individual who has been arrested. Riley v. California, 134 S. Ct. 2473 (2014).
Members of the Strike Force saw action in Comal County, when the DA’s office filed a motion for contempt against Mike Baseluos. Don Flanary and Clay Steadman answered the call (Don has dealt with the office in the past). As a result, the court has abated the contempt action until the trial is concluded.
Kudos to TCDLA board member Jani Maselli Wood, who recently won a battle in the 1st Texas Court of Appeals to knock out two court costs levied against her client. The court deleted a $250 “DNA record fee” on the ground that it was an unconstitutional tax and a $50 “sheriff’s fee” because there was no basis in the record to support it. Congratulations, counselor.
23 | The Prairie Dog Lawyers Advanced Criminal Law Course - By Chuck Lanehart
27 | DNA Just Is: A Close Look at Article 38.43 - By Sarah Roland
35 | The Five Emotional Stages Your Client’s Family Will Experience When Faced With a Criminal Charge - By Joel Caldwell & Christina Caldwell