TCDLA

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Stories from TCDLA

Said & Done New
Saturday, September 7th, 2013
James W. Volberding passes along this good word: “Members! We scored a clean win today in a Parole Board hearing to determine whether my poor client should be subject to ‘Special Parole Condition X,’ which is the full panoply of sex offender registration. TCDLA member Bill Habern, our leading expert, coached me through the requirements.
July/August 2013 Complete Issue - PDF Download
Saturday, September 7th, 2013
Features
24 | Pictures from the Annual Fourth of July Readings
28 | Prophylactic Competency Restoration: Rare But Occurring in Texas - By Mary Grace Ruden, Floyd L. Jennings & Jani Jo Wood
34 | Rules Are Meant to Be Followed - By L. T. “Butch” Bradt
Saturday, July 20th, 2013

Voice for the Defense Volume 42, No. 5 Edition

Editors: Tim Crooks, Kathleen Nacozy, Chris Cheatham

Supreme Court

Padilla v. Kentucky, 559 U.S. 356 (2010), requiring defense attorneys to inform defendants of the deportation risks of guilty pleas, does not apply retroactively to convictions that became final before its announcement. Chaidez v. United States, 133 S. Ct. 1103 (2013).

Said & Done
Saturday, July 20th, 2013

Kudos

Kudos to our own Robert Pelton, recipient of the Jim D. Bowmer Professionalism Award presented by the College of the State Bar of Texas for his work in ethics statewide. As noted in the presentation letter: “Awarded annually since 1994 to an outstanding College member based on achievement or contribution to professionalism, the award is named in honor of Jim D.

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).