– Access to digital forms on Jamesforms.com
– ISBN: 1-58012-002-4
Texas Criminal Lawyer’s Handbook
Considered by many to be the most comprehensive and respected criminal practice guide in Texas. Covering more than 250 topics, it provides in-depth practice advice on constitutional rights, documentary evidence, scientific evidence, impeachment techniques, and much more.
by Mark Daniel and Robert K. Gill
– Access to digital forms on Jamesforms.com
Texas Criminal Law, Forms, and Tips
This Edition of the Texas Criminal Lawyer’s Handbook includes new and updated material in every chapter. You receive 11 new sections and more than 2 dozen new case citations, covering a broad spectrum of Texas criminal law and procedure. The highlights include cutting-edge coverage of these topics:
- The scope of Fourth Amendment protections with regard to GPS devices and cell phones [Chapter 2]
- Recognition of the independent source doctrine in Texas criminal law [§2:29]
- Factors a court will examine to determine whether a proceeding is a “critical stage,” triggering a right to counsel [§4:43]
- Constitutional speedy trial motions: Analyzing the length of delay; the reasons – justifiable and unjustifiable – for the delay; and when prejudice may be presumed [§12:63]
- The first substantive changes to Texas criminal discovery in decades (CCP Art. 39.14.) [§13:12]
- What the defendant must do in order to establish a due process violation for failure to comply with a discovery order [§13:40]
- Defendant’s constitutional right to counsel and the scope of the trial judge’s power to limit defense counsel’s voir dire presentation [§14:52]
- Ground rules for impeaching a witness by cross-examining on pending charges [§15:24.1.4]
- Jury instructions on lesser included offenses [§15:121.2]
- The constitutionality of the Texas statute governing online solicitation of a minor [§17:44]
- Identifying a “victim” for purposes of restitution [§20:220.127.116.11]
- The trial judge’s obligation to consider a probationer’s financial ability to pay fees and costs associated with probation conditions before imposing such requirements [§20:91.4]
- Requiring a probationer to wear a SCRAM device as a condition of probation [§20:94.3.3]
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.
Chapter 1: Arrests
Chapter 2: Search and Seizure: Property
Chapter 3: Search and Seizure: Persons
Chapter 4: The Right to Counsel
Chapter 5: Self-Incrimination
Chapter 6: Confessions
Chapter 7: Rules of Statutory and Legal Interpretation
Chapter 8: Double Jeopardy
Chapter 9: Bail and Bond Issues
Chapter 10 [Reserved]
Chapter 11: Examining Trials & Grand Jury Hearings
Chapter 12: Pretrial Motions
Chapter 13: Discovery
Chapter 14: Jury Selection and Voir Dire
Chapter 15: Trial Issues
Chapter 16: Evidence
Chapter 17: Child Sexual Abuse
Chapter 18: Sex Offender Registration
Chapter 19: Preservation of Error
Chapter 20: Punishment Phase
Chapter 21: Post-Trial Issues
Chapter 22: Expunctions and Non-Disclosures
Table of Authorities
Table of Cases
Mark G. Daniel practices with the Fort Worth office of Evans, Gandy, Daniel & Moore. A former Assistant District Attorney in Tarrant County, Mr. Daniel has been in private practice since 1983, devoting his practice of criminal defense at the trial court level.
Mr. Daniel is past president of the Tarrant County Criminal Defense Lawyers Association (1991) and the Texas Criminal Defense Lawyers Association (2002-2003). He served as President of the Tarrant County Bar Association for the 2006-2007 bar year.
Mr. Daniel is Board Certified in criminal law by the Texas Board of Legal Specialization and the National Board of Trial Advocacy. He is also a frequent author and speaker on criminal law topics including defending capital murder cases, pre-trial motions, cross-examination, forfeitures, expert witnesses, privileges and punishment hearings.
Judge Bob Gill is currently serving as Deputy Director of the criminal division of the Tarrant County Criminal District Attorney’s Office. He previously served as judge of the 213th District Court of Tarrant County, presiding over felony criminal cases from January 1, 1993 until he retired on May 31, 2007. He is a graduate of the University of Illinois and the Southern Illinois University School of Law. Before taking the bench, Judge Gill served eleven years as an assistant criminal district attorney in Tarrant County.
Judge Gill has been Board Certified in Criminal Law since 1988. He is a member of the State Bar of Texas and the Tarrant County Bar Association. He has served Tarrant County as presiding criminal judge and juvenile board chairman and twice served as the local administrative judge of Tarrant County. Judge Gill has written and lectured extensively on criminal law topics.
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