Stories from TCDLA
Voice for the Defense Volume 43, No. 9 Edition
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).
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
Voice for the Defense Volume 43, No. 8 Edition
Because the Kentucky Supreme Court’s rejection of D’s Fifth Amendment claim was not objectively unreasonable, the Sixth Circuit erred in granting the writ. White v. Woodall, 134 S. Ct. 1697 (2014).
The dynamic duo of TCDLA Director Sarah Roland and brother George faced a tough case in Denton County—a 19-year-old client charged with the murder of a 2-month-old baby, with 3 lesser included offenses to boot. Sarah had tried a similar shaken-baby case a year ago and had some recent experience against the very same prosecution team.
20 | Winning Opening Statements - By Frank Sellers
26 | A History of Accomplishment: Lubbock Criminal Defense Lawyers Association Celebrates 35 Years - By Chuck Lanehart
37 | Managing Attorney Case and Work Loads to Improve Indigent Defense - By Wesley Shackelford
Voice for the Defense Volume 43, No. 7 Edition
Instructions allowing the jury to convict under aiding and abetting as an alternate theory were erroneous because they failed to require that D knew in advance that one of his cohorts would be armed. Rosemond v. United States, 134 S. Ct. 1240 (2014).
Congratulations to TCDLA Director Jani Maselli Wood and General Counsel Patricia Cummings, both of whom were selected by Texas Lawyer as “Texas Lawyer’s 2014 Winning Women.” Of course, we all knew they’re winners, but it’s nice to be recognized as such in the press.
22 | Synthetic Drug Prosecution & Defense - By Justin J. McShane & Josh D. Lee
33 | Criminogenic Risk Assessments: What Are They and What Do They Mean for Your Client? - By Jeanette Kinard & Jessica Johnson
37 | The Defense Strikes Back - By Robb Fickman
Voice for the Defense Volume 43, No. 6 Edition
When challenging a pre-trial asset seizure, a defendant who has been indicted is not constitutionally entitled to contest a grand jury’s determination of probable cause to believe he committed the crimes charged. Kaley v. United States, 134 S. Ct. 1090 (2014).
Sarah Roland passes along word that a fellow Denton attorney, Dawn Moore, had quite the appellate victory recently. Dawn won two appeals in two days—May 29 and 30—in the cases Christopher Allen Gillette v. The State of Texas and The State of Texas v. Ryan T. Harrison. Quite an accomplishment for all your hard work, Dawn. Congratulations.
18 | Pictures from the Annual TCDLA Fourth of July Readings
26 | Reading Competency Reports: What Should Lawyers Expect of Competency Examiners? - By Mary Alice Conroy, PhD, & Floyd L. Jennings, JD, PhD
34 | The Rules of Evidence: The Rest of Our Top 25 - By Ed & Sara Stapleton
18 | Pictures from the 27th Annual Rusty Duncan Advanced Criminal Law Course
22 | Defending Boating While Intoxicated Cases - By Doug Murphy
35 | After the Ball - By Warren Wolf
38 | Texas and Federal Rules of Evidence: Our Top Twelve - By Ed & Sara Stapleton
Voice for the Defense Volume 43, No. 4 Edition
D had a viable ineffective assistance claim because counsel failed to seek funds to replace an expert who counsel knew was inadequate when that failure was not based on a strategy but on a mistake of law. Hinton v. Alabama, 134 S. Ct. 1081 (2014).
Simon Purnell tried two federal jury trials, in two consecutive weeks in April, and walked his clients in both cases. The first, in Victoria, Texas, involved the alleged smuggling of marijuana into FCI Three Rivers, a medium-security facility, by Ms. Phillips, a female visitor. The government presented video of the visit, theorizing a kiss at the end of the visit as the delivery vehicle.