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.
Texas Criminal Lawyers’ Handbook provides detailed and practice-oriented coverage of all aspects of a criminal case, from arrests to expunctions. The 2015 Edition is packed with new and updated text in 19 chapters, including statutory revisions throughout and 75 new citations to case authority. The new edition contains substantive updates on a range of topics, including:
Search and Seizure of Property
- Does an individual have a reasonable expectation of privacy in the recording device (black box) in his motor vehicle?
- Does the government conduct a search when it attaches a device to a person’s body, without consent, for the purpose of tracking that individual’s movements?
- When does a police stop for a traffic violation become an unconstitutional seizure?
- Under what circumstances may a vehicle reasonably be impounded?
Search and Seizure of Persons
- What is the law governing body cavity search during traffic stops?
- What is the law governing warrantless blood draws in DWI cases?
- What is the “should know” test for determining whether a custodial interrogation occurred?
- What six factors should a court consider in evaluating whether questions are legitimate booking questions or a pretext for eliciting incriminating information?
- How is the Blockburger test applied in the context of multiple punishments in a single trial?
- When is a defendant entitled to an accomplice-witness instruction?
- What factors justify closure of the courtroom to the public?
- What are the limits on a peace officer’s ability to search an individual’s cell phone or other wireless communications device pursuant to a lawful arrest?
- Does the obtaining of historical cell phone location data from a cell phone provider violate the Fourth Amendment?
- What are some of the ways text messages can be authenticated?
- What is the Supreme Court’s “primary purpose” test for determining whether statements made in the course of a police interrogation are testimonial or non-testimonial?
- Under what circumstances might statements made to individuals who are not law enforcement officers raise Sixth Amendment concerns?