Stories from TCDLA
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
Voice for the Defense Volume 43, No. 3 Edition
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).
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
Voice for the Defense Volume 43, No. 2 Edition
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).
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
Voice for the Defense Volume 43, No. 1 Edition
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).
Voice for the Defense Volume 42, No. 9 Edition
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).
Voice for the Defense Volume 42, No. 7 Edition
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).
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.
Voice for the Defense Volume 42, No. 6 Edition
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).