TCDLA

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Stories from TCDLA

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).

Said & Done New
Thursday, August 13th, 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.

July 2015 Complete Issue - PDF Download
Thursday, August 13th, 2015
Features
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

Columns
Said & Done New
Friday, July 10th, 2015

Kudos

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.

June 2015 Complete Issue - PDF Download
Thursday, July 9th, 2015

Features
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

Thursday, July 9th, 2015

Voice for the Defense Volume 44, No. 5 Edition

Editors: Tim Crooks, Kathleen Nacozy

Thursday, May 21st, 2015

Voice for the Defense Volume 44, No. 4 Edition

Editors: Tim Crooks, Kathleen Nacozy

Said & Done New
Thursday, May 21st, 2015

Kudos

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.

May 2015 Complete Issue - PDF Download
Thursday, May 21st, 2015
Features
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
Sunday, April 12th, 2015

Voice for the Defense Volume 44, No. 3 Edition

Editors: Tim Crooks, Kathleen Nacozy

Supreme Court

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).

Said & Done New
Sunday, April 12th, 2015

Kudos

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.