TCDLA

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Stories from TCDLA

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.

April 2015 Complete Issue - PDF Download
Sunday, April 12th, 2015
Features
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
Thursday, March 5th, 2015

Voice for the Defense Volume 44, No. 2 Edition

Editors: Tim Crooks, Kathleen Nacozy

Said & Done New
Wednesday, March 4th, 2015

Kudos

Kudos to board member and DWI Resources Chair Mark Thiessen for walking the walk. Mark first tried a 0.16 breath test case in Houston where the client was pulled over for speeding, looked normal on the SFSTs, but was still arrested.

March 2015 Complete Issue - PDF Download
Wednesday, March 4th, 2015
Features
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
January/February 2015 Complete Issue - PDF Download
Thursday, February 12th, 2015
Features
22 | 28th Annual Rusty Duncan Advanced Criminal Seminar: By the Numbers
25 | Cops Are Now Using Body-Worn Cameras: Will You Be Ready at Trial? - By Bryan Wilson
32 | Anxiety and the Trial Lawyer - By Tony Vitz
35 | The Other Hat - By T. W. Davidson
Thursday, February 12th, 2015

Voice for the Defense Volume 44, No. 1 Edition

Editors: Tim Crooks, Kathleen Nacozy

Supreme Court

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).

Said & Done New
Thursday, February 12th, 2015

Kudos

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.

Tuesday, January 20th, 2015

Voice for the Defense Volume 43, No. 10 Edition

Editors: Tim Crooks, Kathleen Nacozy

Said & Done New
Tuesday, January 20th, 2015

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.

December 2014 Complete Issue - PDF Download
Tuesday, January 20th, 2015
Features
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
Saturday, December 6th, 2014

Voice for the Defense Volume 43, No. 9 Edition

Editors: Tim Crooks, Kathleen Nacozy

Supreme Court

Florida’s threshold requirement that defendants show an IQ score of 70 or below to submit additional intellectual disability evidence is unconstitutional because it creates an unacceptable risk that persons with intellectual disabilities will be executed. Hall v. Florida, 134 S. Ct. 1986 (2014).

Said & Done New
Saturday, December 6th, 2014

A veritable host of TCDLA members and allies showed up at the SOAH hearing to voice opposition to a proposed rule change.

November 2014 Complete Issue - PDF Download
Saturday, December 6th, 2014
Features
23 | Jury Persuasion in Criminal Cases: Utilizing “Solution Selling” Techniques - By Paul C. Looney & Clay S. Conrad
32 | Not Guilty v. Goliath: Conquering Giant Blood Tests Using the Disconnect Defense - By Mark Ryan Thiessen
39 | Science and the Narrative in Criminal Defense - By Gerald Bierbaum