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Stories from TCDLA

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).

November/December 2013 Complete Issue - PDF Download
Wednesday, November 20th, 2013
Features
16 | Criminal Discovery in Texas— 2014: The Beginning of a Brave New World of Fairness - By Troy McKinney
25 | Texas Discovery: Where We Were, Where We Are Headed - By Keith S. Hampton
Wednesday, November 6th, 2013

Voice for the Defense Volume 42, No. 8 Edition

Editors: Tim Crooks, Kathleen Nacozy

Supreme Court

The Fourth Amendment allows states to collect and analyze DNA from people arrested and charged with serious crimes. Maryland v. King, 133 S. Ct. 1958 (2013).

October 2013 Complete Issue - PDF Download
Wednesday, November 6th, 2013
Features
20 | Improving Indigent Defense Through Research & Data - By Jim Bethke
22 | University Discipline: The Illusion of Due Process - By Stephen Gustitis
26 | CCA Strikes Down Portion of Online Solicitation of Minor Statute - By Mark Bennett
Tuesday, October 1st, 2013

Voice for the Defense Volume 42, No. 7 Edition

Editors: Tim Crooks, Kathleen Nacozy

Supreme Court

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).

Said & Done New
Tuesday, October 1st, 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.

September 2013 Complete Issue - PDF Download
Tuesday, October 1st, 2013
Features
20 | For the Record: Robert Pelton Honored
24 | The Mythology of Non-Refundable Flat Fees - By Lawrence G. Boyd
34 | Drawing the Blood Test From a DWI Case - By Mark Thiessen & Chris Samuelson

Columns
7 | President’s Message
9 | Executive Director’s Perspective
Saturday, September 7th, 2013

Voice for the Defense Volume 42, No. 6 Edition

Editors: Tim Crooks, Kathleen Nacozy, Chris Cheatham

Supreme Court

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).

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.