TCDLA

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Stories from TCDLA

June 2013 Complete Issue - PDF Download
Saturday, July 20th, 2013
Features
22 | Pictures from the 26th Annual Rusty Duncan Criminal Law Course
26 | So You’re My Lawyer... - By Sarah Roland & George Roland
32 | Check That Parachute! Suggestions for Voir Dire on Reasonable Doubt - By L. T. “Butch” Bradt & Betsy Grubbs

Columns
7 | President’s Message
Thursday, June 6th, 2013

Voice for the Defense Volume 42, No. 4 Edition

Editors: Tim Crooks, Kathleen Nacozy, Chris Cheatham

Supreme Court

The categorical authority to detain incident to the execution of a search warrant should be limited to the immediate vicinity of the premises to be searched. Bailey v. United States, 133 S. Ct. 1031 (2013).

Said & Done
Thursday, June 6th, 2013

Kudos

Stan Brown scored another “not guilty” recently in a trial before a Taylor County jury.

May 2013 Complete Issue - PDF Download
Thursday, June 6th, 2013
Features
18 | Proposed Bylaws Changes - Submitted by Adam Kobs & Coby Waddill
22 | Early Termination of Probation with Judicial Clemency Under TCCP Article 42.12 - By Michael C. Gross & Jeffrey D. Weatherford
28 | Fear and the DWI Field Sobriety Tests - By Mimi Coffey
33 | I Could Have Danced All Night - By Warren Wolf
Wednesday, May 8th, 2013

Voice for the Defense Volume 42, No. 3 Edition

Editors: Tim Crooks, Kathleen Nacozy, Chris Cheatham

Supreme Court

Establishing the defense of withdrawal from a conspiracy is a burden that rests firmly on the defendant even if the withdrawal took place after the statute-of-limitations period. Smith v. United States, No. 133 S. Ct. 714 (2013).

Said & Done
Wednesday, May 8th, 2013

Kudos

Kudos to the firm of Habern, O’Neil and Pawgan, LLP, of Huntsville. The Houston Lawyers Association and the Houston Lawyers Foundation in June honored the firm with the Matthew W. Plummer Sr. Justice Award in honor of the black Houstonian who challenged Jim Crow laws in Harris County and—eventually—won.

April 2013 Complete Issue - PDF Download
Tuesday, May 7th, 2013
FEATURES
19 | Proposed Bylaws Changes - Submitted by Adam Kobs & Coby Waddill
22 | The 37th Annual Texas Criminal Trial College
24 | Enhancement of Punishment Under Texas Law, Part 2 - By Ken Mahaffey
34 | Two Deaths and a Crossroad of Justice - By Michael McCrum
Wednesday, April 3rd, 2013

Voice for the Defense Volume 42, No. 2 Edition

Editors: Tim Crooks, Kathleen Nacozy, Chris Cheatham

Supreme Court

Neither a statutory nor a constitutional right of competency to stand trial exists in federal habeas corpus proceedings. Ryan v. Gonzales, 133 S. Ct. 696 (2013).

Said & Done
Wednesday, April 3rd, 2013

Kudos

Congratulations to Lockhart defense attorney John P. Bennett, who filed a Motion to Suppress the intoxilyzer test in a DWI case, and the motion was granted by a visiting judge in Hays County.

March 2013 Complete Issue - PDF Download
Wednesday, April 3rd, 2013
Features
19 | Proposed Bylaws Changes - Submitted by Adam Kobs & Coby Waddill
24 | Enhancement of Punishment Under Texas Law, Part I - By Ken Mahaffey
32 | If My Phone Is Just a Pair of Trousers, Why Did I Pay $500 for It? - By Jason D. Cassel & Andralee Cain Lloyd
Tuesday, February 12th, 2013

Voice for the Defense Volume 42, No. 1 Edition

Editors: Tim Crooks, Kathleen Nacozy, Chris Cheatham

Fifth Circuit

Reviewing Texas capital-murder conviction and death sentence, the federal courts were limited to the factual record that was before the state habeas court. Clark v. Thaler, 673 F.3d 410 (5th Cir. 2012).

Said & Done
Tuesday, February 12th, 2013

Kudos

Congratulations to Houston’s Stanley Schneider of Schneider & McKinney, PC, for being recognized as the state’s top criminal defense lawyer in Texas Lawyer’s 2012 Go-To Guide. Every five years, the Go-To Guide names one lawyer in each of 18 practice areas for the Go-To Lawyer distinction.

January/February 2013 Complete Issue - PDF Download
Tuesday, February 12th, 2013
Features
20 | The 32nd Annual Prairie Dog Lawyers Advanced Criminal Law Course
24 | My Report to TCDLA - By F. R. Buck Files, Jr.
28 | Attenuation of Taint: Empty Promises of the Fourth Amendment - By Janet Burnett
34 | Way Opened for Mid-Trial Review of Trial Court Rulings - By Cynthia Hujar Orr
Friday, December 28th, 2012

Voice for the Defense Volume 41, No. 10 Edition

Editors: Tim Crooks, Kathleen Nacozy, Chris Cheatham

Fifth Circuit

The Supreme Court delegated to the states the responsibility of developing appropriate ways to enforce the constitutional restriction against executing mentally retarded defendants. Hearn v. Thaler, 669 F.3d 265 (5th Cir. 2012).

Said & Done
Friday, December 28th, 2012

Kudos

In October, Chris Raesz tried an Unlawful Restraint with Exposure to Serious Bodily Injury and an Aggravated Assault with a Deadly Weapon, both arising out of the same incident in Denton County. Client was on felony parole out of Colorado for what we call Intoxication Manslaughter.

December 2012 Complete Issue - PDF Download
Friday, December 28th, 2012
Features
22 | Rethinking Jury Charge Error as Constitutional Error - By Johnathan Ball
28 | Trial Lawyer, Songwriter - By Greg Westfall
32 | Taint: A Question of Reliability, Not Credibility or Competence - By Leonard Martinez, L.T. “Butch” Bradt & Kim Hart

Columns
7 | President’s Message