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 19 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
Reasonable expectation of privacy in:
- The record of one’s physical movements as captured by cell phone service providers through cell site location information (CSLI) data gathering
- A rental car
- A vehicle parked within the curtilage of one’s home
- Investigatory stops
- Grounds for extending the stop
- Permissible questioning of the driver and occupants
Right to Counsel and Effective Assistance of Counsel
- Which decisions are reserved for the client and which decisions are the trial lawyer’s province
- Defendant’s burden in establishing violation of his right to effective assistance of counsel
- Failure to properly advise on a guilty plea that causes defendant to automatically lose legal immigration status and become removable
- Challenges to charging Instruments: unconstitutional; overbroad; vague
- Conditional guilty pleas: appeal following plea; deferred sentencing
Jury Selection and Voir Dire
- Standard for determining whether withholding of information by a venire-member constitutes grounds for reversal
- Two instances in which a trial may proceed with eleven jurors
Evidentiary and Trial Issues
- Burdens of proof re: admissibility of scientific and non-scientific evidence
- How to authenticate a video
- Remedy for unlawful or unconstitutional wiretap
- When a spoliation instruction is warranted
- Burden of proving enhancement allegations
- Appeal of probation; probation revocation; shock probation
- Exceptions to the statutory prohibition against a subsequent habeas application after the final disposition of an initial writ application challenging a conviction
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
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.