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Stories from TCDLA

Said & Done
Friday, June 29th, 2012

Kudos

Congratulations to Clint Broden and Dustin Howell. The Texas Supreme Court granted their now-adult client a new disposition hearing. The client, as a juvenile, was adjudicated for sexual assault of a child and sentenced to 20 years in 1999.

June 2012 Complete Issue - PDF Download
Friday, June 29th, 2012
Features
20 | Pictures from the Rusty Duncan Advanced Criminal Law Seminar - By Tracy Casares
26 | Breath Testing in Texas: A New Paradigm | Standard Operating Guidelines for Technical Supervisors: A Good Start - By W. Troy McKinney
36 | The Most Powerful State Agency You’ve Never Heard Of - By James Zier
Saturday, June 2nd, 2012

Voice for the Defense Volume 41, No. 4 Edition

Editors: Tim Crooks, Kathleen Nacozy, Chris Cheatham

Supreme Court

Offenses relating to a false tax return in which the Government’s loss exceeds $10,000 qualify as aggravated felonies for aliens’ deportation. Kawashima v. Holder, 132 S. Ct. 1166 (2012)

Said & Done
Saturday, June 2nd, 2012

Kudos

  Randal Lee recently persuaded a Bowie County jury to acquit his client of aggravated robbery and aggravated assault. The State’s theory was that Randal’s client was the ring leader of a home invasion that resulted in the robbery and sexual assault. A co-defendant had confessed and implicated Randal’s client, and a “friend” of the accused purportedly heard him confess.

May 2012 Complete Issue - PDF Download
Saturday, June 2nd, 2012
Features
20 | The Plea Strategy: How to Persuade Your Capital Client That Resolving the Case with a Plea Is in His Best Interests - By Kathryn M. Kase
27 | Introduction to the Office of Capital Writs - By Brad D. Levenson
29 | Preparing for Sentencing with Character Witnesses - By Wes Volberding
Tuesday, April 24th, 2012

Voice for the Defense Volume 41, No. 3 Edition

Editors: Tim Crooks, Kathleen Nacozy, Chris Cheatham

Supreme Court

Petitioner police officers did not violate the Fourth Amendment by entering respondent parents’ home without a warrant; the circumstances led the officers to believe that there could have been weapons inside the house. Ryburn v. Huff, 132 S. Ct. 987 (2012)

2012 TCDLA Long- Range Planning Committee
Tuesday, April 24th, 2012

TCDLA Long Range Planning Committee Members:
Sam Bassett (Chair), Gary Trichter, Bobby Lerma, William Harris, Rick Hagen, John Convery, David Moore, Grant Scheiner, Philip Wischkaemper, Michael Gross, Constance Luedicke

Tuesday, April 24th, 2012

2012 Texas Criminal Trial College Faculty

Deans

Lydia Clay-Jackson, Conroe
Tim Evans, Fort Worth

Faculty

Said & Done
Tuesday, April 24th, 2012

Kudos

On March 8, 2012, two third-year law student attorneys, Karla Valles and Mary Porter, tried a 0.12 DWI breath test case to a jury. The student attorneys were working through the Caprock Regional Public Defender Office, overseen by Donnie Yandell. They were supervised at trial by Assistant PD Charlie Pelowski. The student attorneys got a two-word verdict after less than one hour of deliberations.

April 2012 Complete Issue - PDF Download
Tuesday, April 24th, 2012
Features
22 | Sufficiency Review in Texas Criminal Cases: Abandon All Hope, Ye Who Enter Here - By Johnathan Ball
29 | Falsely Elevated Ethanol Results Using Hospital Enzymatic Assay Blood Testing - By Mark Thiessen
32 | 2012 TCDLA Long-Range Planning Committee
37 | Reprieve - By Kate Morris

Columns
Saturday, March 24th, 2012

Voice for the Defense Volume 41, No. 2 Edition

Editors: Tim Crooks, Kathleen Nacozy, Chris Cheatham

Supreme Court

The Court unanimously rejected the comparable-grounds approach to determining whether a noncitizen convicted of a crime and facing deportation or removal can obtain relief under former Immigration and Nationality Act § 212(c). Judulang v. Holder, 132 S. Ct. 476 (2011)

Said & Done
Saturday, March 24th, 2012

Leonard Martinez, Travis Williamson, and Jerry Howith recently secured a “not guilty” verdict in Travis County in a continuous sexual assault of a child case. Before Martinez, Williamson, and Howith became involved, the case had been set for trial. The civil lawyer who was working on the case recognized the need for expert assistance and retained the new trial team.

Saturday, March 24th, 2012

ARTICLE VII—BOARD OF DIRECTORS

Sec. 4 Procedures

a. The Board of Directors may act by telephone, by email, or any other method approved by the Executive Committee.

b. Internet Voting

March 2012 Complete Issue - PDF Download
Saturday, March 24th, 2012
Features
19 | Proposed Bylaws Changes - By Adam Kobs, Bylaws Chair
22 | War Stories: Mitigation for Clients Who Are Veterans - By Major Christopher E. Martin
27 | Born Not Raised: Voices From Juvenile Hall - Excerpts from the book by Susan Madden Lankford
Thursday, February 9th, 2012

Voice for the Defense Volume 41, No. 1 Edition

Editors: Tim Crooks, Kathleen Nacozy, Chris Cheatham

Supreme Court

The police failure to give Dixon his Miranda rights during the forgery interrogation was acceptable because his later confession to murder was properly warned and voluntary. Bobby v. Dixon, No. 10-1540 (U.S. Nov. 7, 2011)

Said & Done
Thursday, February 9th, 2012

Kudos

Last summer Martin Zimmerman of New Braunfels was appointed to represent a gentleman on a number of old retaliation, harassment, and bond-jumping charges. It was clear that the charges were nothing more than both the local constabulary and the client’s own family’s trying to rid themselves of a problem.

January/February 2012 Complete Issue - PDF Download
Thursday, February 9th, 2012
Features
19 | Get Ready to Tighten Your Belts - By Jeanette Kinard
22 | Letter to TCDLA Membership - By Lydia Clay-Jackson
24 | Expert Punishment Testimony in a Sex Trial - By Matthew L. Ferrara
35 | The Anatomy of the Attorney-Client Relationship - By Kerry Max Cook
Tuesday, December 13th, 2011

Voice for the Defense Volume 40, No. 10 Edition

Editors: Tim Crooks, Kathleen Nacozy, Chris Cheatham

Supreme Court

Freeman v. United States, 131 S. Ct. 2685 (2011); Reversed, remanded (5–4)

Tuesday, December 13th, 2011

Subject: Reporting Pro Bono Hours: It’s Easy & Fun—Really!

We are asking all criminal defense attorneys to please report your pro bono hours—yes, criminal defense lawyers can and should report! It’s easy and—here’s the fun and heartwarming part—it helps efforts to secure funding for indigent defense and civil legal service providers. Really!

Why is it so important to report my pro bono hours?

Said & Done
Tuesday, December 13th, 2011

Kudos

John Boundy obtained a not guilty verdict on a sexual assault case in Nacogdoches County. His client had been involved romantically with the complaining witness and she had a child she claimed was his. Boundy’s investigation revealed phone records that contradicted the complaining witnesses’ claims. There was no forensic evidence of sexual assault.