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Stories from TCDLA

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
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).