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Stories from TCDLA

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
Tuesday, November 4th, 2014

Voice for the Defense Volume 43, No. 8 Edition

Editors: Tim Crooks, Kathleen Nacozy

Supreme Court

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).

Said & Done New
Tuesday, November 4th, 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.

October 2014 Complete Issue - PDF Download
Tuesday, November 4th, 2014
Features
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

Columns
Thursday, October 2nd, 2014

Voice for the Defense Volume 43, No. 7 Edition

Editors: Tim Crooks, Kathleen Nacozy

Supreme Court

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).

Said & Done New
Thursday, October 2nd, 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.

September 2014 Complete Issue - PDF Download
Wednesday, October 1st, 2014
Features
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

Columns
Tuesday, August 19th, 2014

Voice for the Defense Volume 43, No. 6 Edition

Editors: Tim Crooks, Kathleen Nacozy

Supreme Court

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).

Said & Done New
Tuesday, August 19th, 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.

July/August 2014 Complete Issue - PDF Download
Tuesday, August 19th, 2014
Features
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
Thursday, July 17th, 2014

Voice for the Defense Volume 43, No. 5 Edition

Editors: Tim Crooks, Kathleen Nacozy

Supreme Court

When an occupant objecting to a search was removed from the premises, a remaining occupant could consent to the search. Fernandez v. California, 134 S. Ct. 1126 (2014).