Texas Criminal Lawyer’s Handbook

Description

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
• Confessions
• 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:

• Arrest
• Search and seizure
• Confessions
• Scientific evidence
• Pre-trial motions
• Evidentiary issues
• Punishment issues
• Sentencing

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.

Discovery

• Determining the voluntariness of impeachment evidence.
• Demonstrating bad faith in evidence preservation.

Jury selection

• Preserving error for denial of a requested challenge for cause.
• Preserving a Batson challenge.
• Challenging subjective beliefs or courtroom observations in a Batson hearing.

Trial objections

• 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 26 HIGHLIGHTS

This new edition of Texas Criminal Lawyer’s Handbook will keep you on the cutting edge of Texas criminal law, practice and procedure, with new and updated coverage of a broad range of issues, including:

SEARCH AND SEIZURE OF PROPERTY AND PERSONS

• Requirements of affidavit in support of search warrant
• Establishing probable cause for a geofence warrant
• Limits on search/seizure of persons during a traffic stop

RIGHT TO COUNSEL / EFFECTIVE ASSISTANCE OF COUNSEL

• Non-conferral orders when a defendant becomes a witness
• Ineffective assistance of counsel as mixed question of law and fact
• Right to effective assistance of counsel – failure to file motions

PRETRIAL MOTIONS

• Challenges to charging instruments based on First Amendment violations
• Pretrial habeas corpus writs
• Protective orders

JURY SELECTION AND VOIR DIRE

• Improper commitment questions
• Challenges for cause not specifically enumerated in CCP Art. 35.16

DISCOVERY

• Items in possession/control/custody of “the state” include items in possession of law enforcement
• Upon defendant’s request, the State has an affirmative duty to search for and produce items in a timely manner

TRIAL ISSUES

• Age affecting criminal responsibility
• Elemental (guilt/innocence) enhancement provisions – sexual assault cases
• Requests for mistrial

EVIDENCE

• Conditional admission of evidence
• Establishing probable cause for a warrant to search a cell phone
• Admissibility of jail phone calls

POST-TRIAL ISSUES

• Sufficiency of evidence in forgery cases; and felon-in-possession-of-firearm cases
• Harm analysis when the error is constitutional

CHILD SEXUAL ABUSE

• Challenges and amendments to statutory defenses
• Duty to report offenses

PUNISHMENT PHASE

• Evidence in mitigation

AND MORE!

ABBREVIATED TABLE OF CONTENTS

Chapter 1. Arrests
Chapter 2. Search and Seizure: Property
Chapter 3. Search and Seizure: Persons
Chapter 4. Right to Counsel and Effective Assistance of 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 and 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
Appendix
Index

ABOUT THE AUTHORS

Bob Gill is a criminal defense attorney with the firm of Gill and Brissette in Fort Worth, Texas. He previously served as judge of the 213th District Court of Tarrant County, presiding over felony criminal cases for more than fourteen years. While on the bench, Judge Gill served Tarrant County as presiding criminal judge, juvenile board chairman, and twice served as the local administrative judge. Before and after his time on the bench, Judge Gill served as an assistant criminal district attorney in Tarrant County for a combined seventeen years.

Judge Gill has been Board Certified in Criminal Law by the Texas Board of Legal Specialization since 1988. He is a member of the State Bar of Texas, the Tarrant County Bar Association and the Tarrant County Criminal Defense Lawyers Association. He has written and lectured extensively on criminal law topics.

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.