TCDLA

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Stories from TCDLA

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).

Said & Done New
Thursday, July 17th, 2014

Kudos

Steven R.

June 2014 Complete Issue - PDF Download
Thursday, July 17th, 2014
Features
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

Columns
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