“Quick-and-Dirty Phlebotomy Basics”
The DWI blood test case is becoming the stock-in-trade of many law enforcement agencies across the state. Whether it’s a sample provided voluntarily after arrest, or obtained via search warrant...
View ArticleThe Art of Trial Advocacy for the Criminal Defense Attorney
Paul Looney and Clay Conrad’s article in the November 2014 issue of “Voice for the Defense” reveals the true nature of trial advocacy. It’s an art form. The article chronicles a lifetime of experience...
View ArticleYour Word Is Your Bond
Trey Apffel, President of the State Bar of Texas, wrote a stirring opinion column last month in the Texas Bar Journal. It was an introspective piece on the significance of humility in the practice of...
View Article“Marketing Your Credibility Online”
Criminal defense lawyers are reservoirs of credibility. We work to establish it with prosecutors, judges, and witnesses . . . not to mention the juries who adjudge our clients’ fate. With potential...
View Article“Ignorance of the Law is Now an Excuse”
Here’s my take on another inauspicious decision by the United States Supreme Court. It’s Heien v. North Carolina, 574 U.S. __, 135 S.Ct. 530, 190 L.Ed.2d 475 (2014). If you’ve been under a rock...
View Article“On Choosing the Right Law Partner”
Joining forces. Teaming up. Going partners. Whatever you call it, choosing a law partner can be a pivotal decision in one’s career. Most criminal defense attorneys practice solo, enjoying the...
View Article“The Perfect Cross-Examination”
The perfect cross examination is there. Somewhere to be discovered, perhaps? Better yet – waiting to be built. We recognize its appearance, though. It is crisp and it’s clean. Short questions...
View Article“A Dark Side of Practicing Law”
Trial lawyers are masters of disguise. They learn to shroud fear, surprise, uncertainty, and a plethora of other emotions that might damage their credibility with jurors or belie a position of strength...
View Article“Getting Jurors to Tell Us the Truth”
The United States Constitution guarantees our right to a jury trial in both the original document and the Bill of Rights.1 The same right is further guaranteed by our Texas Constitution, art. 1, sec....
View Article“Using SFST Validation Studies in Your Next DWI Trial”
The National Highway Traffic Safety Administration (NHTSA) spent many thousands of dollars on studies to develop a battery of DWI investigation tools called field sobriety tests. The studies were...
View Article“Another Nuts-and-Bolts Primer on Batson Challenges”
Batson v. Kentucky is again front and center in the United States Supreme Court. On May 26, 2015 the Court granted certiorari in Foster v. Chatman, (No. 14-8349, 2015 Term). The case is currently set...
View Article“Forging Fear Into a Constructive Edge”
When I was prosecuting habitually barking dog cases on a 3rd-year bar card, I wondered when my fear of jury trials would ever end. That was 1989. To this day I remain uneasy and agitated the morning a...
View Article“Getting Creative – Use Kelly v. State to Challenge Any Scientific Evidence”
In a contested bond revocation hearing, not long ago, the State attempted to admit evidence our client violated a restricted zone using global positioning system (GPS) evidence. They further sought to...
View Article“Safeguarding the Great American Experiment”
I’ve been remiss. Like my fellow defense attorneys I habitually keep my head buried in court appearances, case law and statutes, cross examination preparation, closing arguments, and customer service....
View Article“Transportation Code Section 724.017 Compliance in ALR Blood Test Failure Cases”
In Brazos County the Department of Public Safety has been using sleight-of-hand to prove up blood test results in ALR failure cases. Their conjuring attempts to correct an evidentiary deficiency in...
View Article“Planning For Life After the Practice of Law”
Our money is rarely a topic of conversation at the courthouse. We are often stoked to talk about the law . . . always primed to share details of our latest victory or penetrating cross-examination. But...
View Article“Do I Really Think I’m Helping Anybody?”
It seems I’ve been dangling Off the Back lately . . . regularly advising good clients of bad news. It’s been a headwind, for sure. And not something to share with many. Mostly, it’s a private struggle....
View Article“How to Find the One Best Case for Your Client”
You reviewed the probable cause and interviewed your new client after receiving the court-appointment order. Prior to meeting the client, perhaps, you received a call from their mother who shared some...
View Article“How to Cultivate Your Personal Brand”
How do your individual attributes and professional experiences create value in the lives of other people? What qualities do you project? For what are you known for? In total, these things embody your...
View ArticleSteve’s First Skydive
Steve crossed another item off his bucket list this summer while vacationing in Port Aransas. He enjoyed his first free-fall skydiving experience along with his son, Matthew and daughter, Libby. After...
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