Providing clients the highest level of customer service is a top priority. Generally, high quality service results from the time we invest in a case and legion are the justifications for managing our caseloads accordingly. More time invested generally means better service. One caseload management approach is expressly rejecting new clients. However, I was never [...]
On June 25, 2014, the Texas Court of Criminal Appeals ruled in Lundgren v. State, 34 S.W. 3d (Tex. Crim. App. 2014) that a motion for new trial "retroactively stayed the commencement of community supervision" until the motion was overruled by operation of law. The ruling saved Mr. Lundgren from 300 days in the Wise County [...]
For young criminal defense attorneys learning the ropes, "who should polygraph my client" is a familiar question. There are limited exceptions to this rule but, generally, defense attorneys should not permit their client to submit to a polygraph examination administered by the police. The best reason is results of the police administered polygraph, including pre- [...]
Anticipation is one of the defense lawyer's most effective tools when championing a client's criminal case. Prosecutors also get trained to anticipate us. Following are prosecutor publications written to help them anticipate our defenses in driving while intoxicated prosecutions. These are probably a "must read" for the DWI defense attorney. Want to know thy adversary [...]
"Off the Back" is a phrase used in competitive road cycling describing a rider dropped by the lead group who, consequently, has lost the energy saving benefit of riding in the group's slipstream. Once off the back the rider struggles alone in the wind to catch up. It's difficult and lonely. Often you feel as [...]
I've tried my share of jury trials, especially those trials which went terribly bad. I've been disgusted with the jury system. I've found myself, sometimes, doubting my judgment. But as time passes I've notice that good things DO happen when we try more cases . . . the right kind of cases, that is. And [...]
Consent searches are the bane of the Bryan-College Station criminal defense attorney. Next to our client's confession, the biggest headache for defense lawyers is a consent search. In the same way police are trained to obtain incriminating statements before Miranda warnings become necessary, law enforcement's first-line attack in a criminal investigation is persuading suspects to [...]
Prosecutors typically don't care how prospective jurors truly feel about issues related to their case. This is because most jurors are predisposed to convict someone accused of a crime. Let's face it, prosecutors wear the white hat, regular folks presume guilt, and police officers are trusted. Consequently, jury selection is simply a grooming process for [...]
Finally, a good Fourth Amendment search and seizure decision from the United States Supreme Court. In Riley v. California (and United States v. Wurie) the U.S. Supreme Court ruled this week that police generally may not, without a warrant, search digital information on a cell phone seized from a person who's been arrested. Prior Court precedent held that [...]
Manu Ginobili's monster slam in game 5 of the 2014 NBA Finals this week reminded me of practicing criminal defense work. Ginobli is old in professional basketball terms - 36 years. He's on the downhill side of his 19 year professional career and must work harder than younger, more talented players. In recent years he's [...]
Selected 2011-12, 2018
Thomson-Reuters Service
