TCDLA


Stories from TCDLA
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
Columns
7 | President’s Message
Voice for the Defense Volume 41, No. 9 Edition
Editors: Tim Crooks, Kathleen Nacozy, Chris Cheatham
Fifth Circuit
Kudos
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
Columns
Voice for the Defense Volume 41, No. 8 Edition
Editors: Tim Crooks, Kathleen Nacozy, Chris Cheatham
Supreme Court
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
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
Editors: Tim Crooks, Kathleen Nacozy, Chris Cheatham
Supreme Court
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).
Kudos
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
Editors: Tim Crooks, Kathleen Nacozy, Chris Cheatham
Supreme Court
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.
Kudos
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
Voice for the Defense Volume 41, No. 5 Edition
Editors: Tim Crooks, Kathleen Nacozy, Chris Cheatham
Supreme Court
D’s fair trial did not preclude prejudice from counsel’s ineffective assistance. Lafler v. Cooper, 132 S. Ct. 1376 (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.
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