Texas Criminal Law, Forms, and Tips
Mark Daniel and Judge Robert K. Gill, two of the most respected criminal law authorities in the state, have rejuvenated and expanded Paul McClung’s beloved criminal casebook. Here is ready access to key Texas criminal law precedent. Find winning arguments, evaluate key issues, anticipate the opposition’s moves, and locate case support with Texas Criminal Lawyer’s Handbook. This authoritative work provides practical and detailed coverage of today’s tough issues:
- Admissibility of DNA Evidence
- Batson Challenges
- Challenges for Cause
- Child Abuse Evidence
- Child Witnesses
- Discovery Issues
- Hate Crimes
- Illegal Searches
- Ineffective Counsel
- Prior Sexual Conduct
- Probable Cause
- Probation Revocation Issues
- Sentencing Issues
Now Texas Criminal Lawyer’s Handbook contains three types of helpful information skillfully woven together in a quick-reading, easy-to-follow reference guide:
1. Authoritative legal analysis.
Over 3,400 cases are analyzed and cited in over 250 topics, giving you quick access to Texas criminal precedent. Emerging legal doctrines are detailed, related examples are condensed in checklist format, and the discussions of the following key topics have been expanded:
- Search and seizure
- Scientific evidence
- Pre-trial motions
- Evidentiary issues
- Punishment issues
2. Timesaving forms and checklists.
Speed your drafting with the Handbook’s motions, objections, requests, declarations, affidavits, and admonishments. Save research time with handy checklists, each fully supported with case citations.
3. Practice tips.
Over 200 valuable suggestions are provided for the defense, prosecution, and bench. For example:
Search and seizure
- Objecting to the fruits of allegedly improper search or seizure.
- Alternatives to proprietary interests for demonstrating a reasonable expectation of privacy.
- Preserving search warrant errors for review.
- Challenging the initial detention.
- Preventing the state’s appeal of a successful suppression.
Strategies for cross-examination
- Controlling difficult witnesses through the court reporter.
- Neutralizing “I don’t recall” answers.
- Turning the tables on witness who asks for definitions.
- Determining the voluntariness of impeachment evidence.
- Demonstrating bad faith in evidence preservation.
- Preserving error for denial of a requested challenge for cause.
- Preserving a Batson challenge.
- Challenging subjective beliefs or court room observations in a Batson hearing.
- Objecting to impeachment based upon an inconsistent statement.
- Establishing the proper predicate during impeachment.
- Contesting the use of a prior conviction for impeachment.
- Objecting to “Have you heard?” questions.
- Physical evidence labels and notes as hearsay.
- Advice to the bench and prosecution on admitting inflammatory evidence.
The most comprehensive and respected criminal practice guide in Texas, providing everything you need to help you prepare for, and win, criminal trials. Covers more than 250 topics. The Handbook also gives you in-depth practice advice on constitutional rights, documentary evidence, scientific evidence, impeachment techniques, punishment, and more.
REVISION 17 HIGHLIGHTS
Texas Criminal Lawyers’ Handbook provides detailed and practice-oriented coverage of all aspects of a criminal case, from arrests to expunctions. The new edition is packed with updated text and new citations to current case law and statutory authority. You get detailed legal analysis, practical advice and substantive updates on a broad range of topics, including:
- Search and Seizure: Property
- Right to Counsel and Effective Assistance of Counsel
- Pretrial Motions
- Jury Selection and Voir Dire
- Trial Issues
- Post-Trial Issues
You’ll find answers to the following questions, and more:
- What is the appropriate remedy when a two-step interrogation technique has been impermissibly employed?
- What is the scope of the protection offered by the Sixth Amendment’s speedy trial guarantee?
- What is the appropriate remedy when there is an error in competency proceedings?
- What must a claimant prove to establish a false-evidence habeas corpus claim?
- Does the right to Brady information extend to the pretrial stage of a prosecution?
- What is the standard for establishing bias of a prospective juror on a challenge for cause?
- What standards of review apply upon a finding of error in the jury charge, and what is the key factor in determining which standard applies?
- Does the act of creating a DNA profile from a biological sample obtained from a victim’s body and uploading the profile into CODIS implicate a defendant’s privacy or property rights?
- What 4 factors must be proven to enhance a defendant’s punishment range to habitual offender status?
- What is the relationship between self-defense and sudden passion in murder cases?
- What guidance, if any, must capital sentencing courts give jurors regarding mitigating circumstances?
- What standard should the court apply in evaluating the sufficiency of the evidence in determining whether a bodily injury creates a substantial risk of death?
- What is the triggering event to begin the running of the period within which the State must file its notice of appeal?
- What five requirements must be met in order for a convicting court to order forensic DNA testing of evidence containing biological material?