"Veterans courts" have developed across Texas in response to the special needs of soldiers who run afoul of law enforcement because of substance abuse or mental illness. Many returning veterans from Iraq and Afghanistan, for example, suffer from combat related Post Traumatic Stress Disorder (PTSD). PTSD is an anxiety disorder developed after a person is [...]
To date, the rules governing a criminal defendant's right to discovery in Texas were draconian. Unless evidence was plainly "exculpatory or mitigating," the first time a criminal defendant saw a police report was after the officer finished testifying during trial. Even in jurisdictions with an "open file" criminal discovery policy, prosecutors were reluctant to provide [...]
Ninety-nine percent of the prosecutors I've known over my 24 years practicing law have been honest and hard-working folks. This one was not. Former Burleson County DA, Charles Sebesta, withheld material and exculpatory evidence from a capital murder defendant on trial for his life. It cost the man over 18 years of freedom. A recent [...]
I'd like to discuss an exception to the hearsay rule. I know it appears somewhat bland, but the rules of evidence provide for some real impeachment pleasure! If you want fun with a witness on cross-examination in your next criminal trial, find a "learned treatise" the witness must admit is a "reliable authority" on the [...]
Choosing the right attorney to represent one's legal interests is often a topic of conversation, publication, and dissension among the practicing bar and folks with a drum to beat. Ward Davison and James Gill published an article in the Texas Bar Journal this month which was appropos . . . The Perfect Match. The article [...]
Some 2011 changes to the Texas expungement statute may give folks opportunity to successfully expunge separate offenses arising from a single arrest event. Prior to September 2011, the Texas statute [Texas Code of Criminal Procedure, art. 55.01(a)] had been interpreted by courts to disallow the expungement of separate offenses arising from the same arrest event. [...]
We are finishing our series on defending criminal cases involving forensic evidence. The final counsel for lawyers battling prosecutors on this front is don't be afraid. Frequently, when defense lawyers are confronted with the results of forensic testing they give up and begin looking for a plea. To successfully defend these cases we must be [...]
Persons accused of DWI in Bryan-College Station are often subject to "conditions of bond" imposed by the judge who set bond after arrest. In cases where the person is alleged to have a BAC of .15 (or above) the judges have imposed conditions including the installation of an alcohol detection device (Interlock), a driving curfew, [...]
Attacking the science and technique involved in a forensics investigation can be complicated. If a forensic technique is new to you, don't attempt a challenge without the assistance of a qualified expert. They don't need to be a testifying expert. A consulting expert can be invaluable in helping you understand the science and helping you [...]
I wish . . . So yesterday I attended another student disciplinary hearing at Texas A&M University. My client was charged with the theft of a "bait bicycle." These bikes are strategically placed all around campus and are equipped with GPS tracking. The University police have someone watching the "radar" 24/7 so they can [...]