Stories from TCDLA
Voice for the Defense Volume 41, No. 10 Edition
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).
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.
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
7 | President’s Message
A big association congrats go out to Kristin Postell, who got the two-word verdict on her very first solo jury trial—in Taylor County Court at Law #1. An assault family violence case, the complainant and defendant were estranged at the time of the alleged assault. Both testified, part of only two-and-a-half hours of testimony, and the jury deliberated for just two hours.
18 | Psychodrama: Preparing Yourself, Your Client, Your Case - By Mark Griffith
26 | Who and What Are We? Lawyers or Salespeople? - By Leonard Martinez & L.T. “Butch” Bradt
30 | The Current State of Confrontation - By Steve Sumner
33 | Poaching Soiled Dove - By Q. Tate Williams
Voice for the Defense Volume 41, No. 8 Edition
The Fair Sentencing Act applied to defendants who committed the crimes before the effective date but were sentenced after, including individuals who were sentenced during the interim sentencing period of the FSA. Dorsey v. United States, 132 S. Ct. 2321 (2012).
Kudos to former TCDLA employee Celeste Villarreal, whose stellar career has led to yet another honor. In September, Celeste was named president of the Mexican-American Bar Association of Texas (MABA-TX). An associate judge in Austin Municipal Court, she served as editor of the TCDLA Capital Litigation Update as well as a legislative lobby assistant and research clerk. Way to go, Celeste.
20 | SANE Examinations Are Testimonial and Are Subject to Confrontation - By Johnathan Ball
29 | Undermining the Breath Test: Building the Disconnect Defense - By Mark Thiessen
34 | A Client Contract Agreement - By Edward Mallett
36 | Do You Know What You Don’t Know? - By L. T. “Butch” Bradt & Leonard Martinez
Voice for the Defense Volume 41, No. 7 Edition
Though the jury foreperson reported “not guilty” votes on the capital and first-degree murder charges, D could be retried on all charges. Blueford v. Arkansas, 132 S. Ct. 2044 (2012).
Mark Griffith and Monica Bishop, of Griffith and Associates, won the dismissal of a sexual assault case for their client, an 18-year-old who had been a Harvard student when the allegations were made. After the arrest, he lost his full-ride scholarship and was prevented from participating in his full senior year.
21 | Portable Breath Testers: A Potentially Dangerous Non-Specific and Non-Selective Measure at Roadside - By Justin J. McShane & Josh D. Lee
28 | Representing the Traumatized Client: the Case, the Client, and You - By Abby Anna Batko-Taylor & Melissa L. Shearer
Voice for the Defense Volume 41, No. 6 Edition
In the Torture Victim Protection Act, “individual” encompasses only natural persons; the Act does not impose liability against organizations. Mohamad v. Palestinian Auth., 132 S. Ct. 1702 (2012).
The feedback we receive for every seminar is carefully assembled so that it may be reviewed, with an eye to improving the next seminar. Some concerns raised, however, are outside of our ability to correct.
Thad Davidson and Norman Ladd were rewarded for outstanding efforts by a “not guilty” verdict in a Rusk County retaliation case. A woman who was taking pictures of their client’s son’s birthday party had an altercation with the client and called 911. The SO dispatched Deputy Reynolds, who arrived at the scene traveling at over 100 miles per hour.
20 | The 25th Annual Rusty Duncan Advanced Criminal Law Course: By the Numbers
22 | Pictures from the Fourth of July Reading of the Declaration of Independence
28 | Storytelling Closing Arguments - By Tyrone Moncriffe & Mark Thiessen