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Stories from TCDLA

Wednesday, June 4th, 2014

Voice for the Defense Volume 43, No. 4 Edition

Editors: Tim Crooks, Kathleen Nacozy

Supreme Court

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).

Said & Done
Wednesday, June 4th, 2014

Kudos

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.

May 2014 Complete Issue - PDF Download
Wednesday, June 4th, 2014
Features
20 | If You’re Going to Rusty Duncan - What to remember and what’s new or different this year at Rusty
22 | Federal Supervised Release - By John M. Economidy
31 | Eleven Essential DWI Trial Tactics - By Mark Ryan Thiessen
37 | So You Want to Be a Criminal Defense Attorney - By Randy Wilson
Tuesday, April 29th, 2014

Voice for the Defense Volume 43, No. 3 Edition

Editors: Tim Crooks, Kathleen Nacozy

Supreme Court

When the use of a drug D distributed was not an independently sufficient cause of decedent’s death or serious bodily injury, D could not be liable for penalty enhancement unless such use was a but-for cause of the death or injury. Burrage v. United States, 134 S. Ct. 881 (2014).

April 2014 Complete Issue - PDF Download
Tuesday, April 29th, 2014
Features
16 | Pictures from the Texas Criminal Trial College - By Nitu Gill
18 | PBTs for Drugs: Oral Fluid Collection Devices - By Justin J. McShane, Josh D. Lee, Richard Roberts & J. Gary Trichter
26 | The Five Most Difficult Types of Witnesses—And How to Shut Them Down - By Jeremy Rosenthal
Wednesday, March 12th, 2014

Voice for the Defense Volume 43, No. 2 Edition

Editors: Tim Crooks, Kathleen Nacozy

Supreme Court

When a defense expert who examined the defendant testifies that the defendant lacked the requisite mental state to commit a crime, the prosecution may offer evidence from a court-ordered psychological exam for the limited purpose of rebutting defendant’s evidence. Kansas v. Cheever, 134 S. Ct. 596 (2013).

March 2014 Complete Issue - PDF Download
Wednesday, March 12th, 2014
Features
24 | Pictures from the Prairie Dog Lawyers Advanced Criminal Law Seminar - By Chuck Lanehart
26 | Representing the Sovereign Citizen - By Melissa L. Shearer & Christina M. Koenig
32 | Five Things You Need to Know About the Texas SR-22 (A Peek Behind the Insurance Curtains) - By Jay Freeman
Wednesday, January 29th, 2014

Voice for the Defense Volume 43, No. 1 Edition

Editors: Tim Crooks, Kathleen Nacozy

Supreme Court

The Sixth Circuit failed to apply the doubly deferential standard of review recognized by Supreme Court case law when it refused to credit the state court’s reasonable fact-finding and assumed counsel was ineffective where the record was silent. Burt v. Titlow, 134 S. Ct. 10 (2013).

January/February 2014 Complete Issue - PDF Download
Wednesday, January 29th, 2014
Features
18 | Proposal for Counsel at Tex. Code Crim. Proc. Art. 15.17 Proceedings - By Alex Bunin & Andrea Marsh
23 | You Snooze You Lose, or How to Pre­serve Error and Give Your Client a Fighting Chance on Appeal - By Louis E. Lopez Jr.
Wednesday, November 20th, 2013

Voice for the Defense Volume 42, No. 9 Edition

Editors: Tim Crooks, Kathleen Nacozy

Supreme Court

The circuit court erred in holding that any degree of judicial participation in plea negotiations automatically requires vacatur of a defendant’s plea, irrespective of whether the error prejudiced defendant. United States v. Davila, 133 S. Ct. 2139 (2013).

November/December 2013 Complete Issue - PDF Download
Wednesday, November 20th, 2013
Features
16 | Criminal Discovery in Texas— 2014: The Beginning of a Brave New World of Fairness - By Troy McKinney
25 | Texas Discovery: Where We Were, Where We Are Headed - By Keith S. Hampton
Wednesday, November 6th, 2013

Voice for the Defense Volume 42, No. 8 Edition

Editors: Tim Crooks, Kathleen Nacozy

Supreme Court

The Fourth Amendment allows states to collect and analyze DNA from people arrested and charged with serious crimes. Maryland v. King, 133 S. Ct. 1958 (2013).

October 2013 Complete Issue - PDF Download
Wednesday, November 6th, 2013
Features
20 | Improving Indigent Defense Through Research & Data - By Jim Bethke
22 | University Discipline: The Illusion of Due Process - By Stephen Gustitis
26 | CCA Strikes Down Portion of Online Solicitation of Minor Statute - By Mark Bennett
Tuesday, October 1st, 2013

Voice for the Defense Volume 42, No. 7 Edition

Editors: Tim Crooks, Kathleen Nacozy

Supreme Court

The Michigan Court of Appeals did not unreasonably apply clearly established federal law when it retroactively applied a Michigan Supreme Court decision rejecting the ­diminished-capacity defense to D charged with a murder that occurred several years prior. Metrish v. Lancaster, 133 S. Ct. 1781 (2013).

Said & Done New
Tuesday, October 1st, 2013

Ken Wincorn of Richardson scored a major victory for justice in post-Padilla immigration law recently in District Court No. 4. Defendant, a lawful permanent resident since 2002 with a wife and four U.S. citizen children, faced deportation based on a 2007 deferred adjudication of evading arrest that he pled guilty to based on advice from trial counsel.

September 2013 Complete Issue - PDF Download
Tuesday, October 1st, 2013
Features
20 | For the Record: Robert Pelton Honored
24 | The Mythology of Non-Refundable Flat Fees - By Lawrence G. Boyd
34 | Drawing the Blood Test From a DWI Case - By Mark Thiessen & Chris Samuelson

Columns
7 | President’s Message
9 | Executive Director’s Perspective
Saturday, September 7th, 2013

Voice for the Defense Volume 42, No. 6 Edition

Editors: Tim Crooks, Kathleen Nacozy, Chris Cheatham

Supreme Court

In drunk-driving investigations, the natural dissipation of alcohol in the bloodstream does not constitute an exigency in every case sufficient to justify a blood test without a warrant. Missouri v. McNeely, 133 S. Ct. 1552 (2013).