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Stories from TCDLA

Friday, February 14th, 2020

Voice for the Defense Volume 49, No. 1 Edition

Editor: Michael Mowla

From Editor Michael Mowla:

Please do not rely solely on the summaries set forth below. The reader is advised to read the full text of each opinion in addition to the brief synopses provided.

Shout Outs header 2
Friday, February 14th, 2020

A big shout out to ALLISON CLAYTON of Lubbock, whose sleuthing on an appointed case resulted in the reversal of a conviction just before Christmas. It seems that D was charged with failure to register as a sex offender based off a 2002 conviction in Oklahoma—for assault with intent to commit a felony (based on an allegation D, then 19 years old, had slept with a 14-year-old).

January/February 2020 Complete Issue - PDF Download
Friday, February 14th, 2020

Features
22 | Protecting Your Client’s Conduct While Admitting the Accuser’s: Texas Rules of Evidence 403, 404, 412, and 609 - By Grant Scheiner & Will R. Vaughn
28 | A Practical Guide for Reviewing Evidence in DWI/DUI Cases - By Sol Bobst

December 2019 SDR - 1
Thursday, December 12th, 2019

Voice for the Defense Volume 48, No. 10 Edition

Editor: Michael Mowla

From Editor Michael Mowla:

        1. I summarize each opinion in a manner that allows readers to generally use this SDR instead of reading every opinion.

        2. If you determine that a summarized opinion is relevant to one of your cases, I urge you to read the opinion and not rely solely upon these summaries.

Shout Outs
Thursday, December 12th, 2019

A big shout out to appellate adept Keith Hampton for his win in the long-running case of Greg Kelley—finally found innocent in the CCA. All the judges agreed he was innocent, and left undisturbed Judge King’s findings and conclusions regarding Kelley’s other claims of ineffective assistance and due process. His case was sent back to Williamson County, where DA Shawn Dick had no plans to further pursue charges against him.

December 2019 Complete Issue - PDF Download
Thursday, December 12th, 2019

Features
22 | Coercive Interrogation and the Vulnerable Population - By Amber Farrelly & Keith Hampton
28 | Memories of a Christmas in Vietnam - By Buck Files
30 | Voir Dire: Method Follows Model - By Mark W. Bennett
34 | Small-Town Advice for the Big-City Lawyer - By Dean Watts

Friday, November 8th, 2019

Voice for the Defense Volume 48, No. 9 Edition

Editor: Michael Mowla

From Editor Michael Mowla:

        1. I summarize each opinion in a manner that allows readers to generally use this SDR instead of reading every opinion.

        2. If you determine that a summarized opinion is relevant to one of your cases, I urge you to read the opinion and not rely solely upon these summaries.

Shout Outs
Thursday, November 7th, 2019

Kudos to ex-prez Randy Wilson for an impressive victory in Federal Court in hometown Abilene. D, charged with Possession of More than 5 grams with intent to deliver, had 2 prior drug convictions and faced 10 years to life. Undisputed evidence showed that while the D was being arrested, he was patted down twice before the officer discovered over 11 grams of meth in the pocket of his shorts.

November 2019 Complete Issue - PDF Download
Thursday, November 7th, 2019

Features
24 | My Welcome Home From Vietnam: Back in the World in One Piece - By Bobby Mims
30 | 2019’s Need-to-Know Changes to DWI Law - By Frank Sellers & Mark Thiessen
34 | The Perils of Blowing the Whistle - By F. Andino Reynal & Joseph Magliolo Jr.

Wednesday, October 2nd, 2019

Voice for the Defense Volume 48, No. 8 Edition

Editor: Michael Mowla

From Editor Michael Mowla:

        1. I summarize each opinion in a manner that allows readers to generally use this SDR instead of reading every opinion.

        2. If you determine that a summarized opinion is relevant to one of your cases, I urge you to read the opinion and not rely solely upon these summaries.

Shout Outs
Wednesday, October 2nd, 2019

A big shout out to Dean Watts of Nacogdoches for his recent win in the 12th Court of Appeals, who affirmed his motion to suppress. D was stopped for failing to change lane on a roundabout, then subsequently was arrested for DWI. The trial court granted the motion and the State appealed.

October 2019 Complete Issue - PDF Download
Wednesday, October 2nd, 2019

Features
25 | Persuading Jurors to Accept a Disconnect Defense - By Joseph Ruiz
30 | Timing Like a Hawk - By Tyler Flood
34 | Michael Wayne Ramsey - By Chip B. Lewis

Saturday, August 24th, 2019

Voice for the Defense Volume 48, No. 7 Edition

Editor: Michael Mowla

From Editor Michael Mowla:

        1. I summarize each opinion in a manner that allows readers to generally use this SDR instead of reading every opinion.

        2. If you determine that a summarized opinion is relevant to one of your cases, I urge you to read the opinion and notrely solely upon these summaries.

Shout Outs
Saturday, August 24th, 2019

A big shout out to Richard Gladden of Denton for his recent appellate victory at the Second COA in Dowdy v. State, No. 02-18-00112-CR (Tex. App.—Fort Worth 7/30/19) (not designated for publication). The jury con­victed Appellant of POM, Class A, and sentenced him to 180 days in the county jail and fined him $4,000. Somehow, the jury left the verdict form completely blank, though.

September 2019 Complete Issue - PDF Download
Saturday, August 24th, 2019

Features
22 | There Will Be Blood: The Interplay Between Hospital Blood Draws and the Warrant Requirement in DWI Cases - By Jason Edward Niehaus
29 | Starting at the End: The Court’s Charge to the Jury - By Sarah Roland
38 | Effect of the Farm Act on POM - By Phil Baker

Wednesday, August 14th, 2019

District Court Judge Jed Rakoff’s recent sentencing explanation in United States v. Sayoc is truly remarkable.

Click here to read the full article (PDF)

Pictures from Rusty Duncan 2019 - 1
Tuesday, July 30th, 2019
Tuesday, July 30th, 2019

Voice for the Defense Volume 48, No. 6 Edition

Editor: Michael Mowla

From Editor Michael Mowla:

        1. I summarize each opinion in a manner that allows readers to generally use this SDR instead of reading every opinion.

        2. If you determine that a summarized opinion is relevant to one of your cases, I urge you to read the opinion and notrely solely upon these summaries.

Shout Outs
Tuesday, July 30th, 2019

Tip of the hat to Bill Mason of Cleburne, who last month secured the big NG on an Indictment for Aggravated Sexual Assault and an extraneous Indecency With a Child. D was a 55-year-old step-grandfather with no priors, and “victim” was “6 or 7” at the time of the alleged assault.

July/August 2019 Complete Issue - PDF Download
Tuesday, July 30th, 2019

Features
22 | Pictures from Rusty Duncan
26 | Why We Read the Declaration - By Chuck Lanehart
30 | Thank You to Our Organizers - By Robb Fickman
32 | Freedom Papers - By Mary Beth Harrell
35 | Twenty-Five Criminal Law Changes You Will Need to Know Starting September 1, 2019 - By Shea Pace