Stories from TCDLA
Voice for the Defense Volume 42, No. 5 Edition
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).
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.
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
7 | President’s Message
Voice for the Defense Volume 42, No. 4 Edition
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).
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
Voice for the Defense Volume 42, No. 3 Edition
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).
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.
Voice for the Defense Volume 42, No. 2 Edition
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).
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
Voice for the Defense Volume 42, No. 1 Edition
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).
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.
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