Criminal Appeals

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Using the Texas “Motion for New Trial” Like a Surgeon

On June 25, 2014, the Texas Court of Criminal Appeals ruled in Lundgren v. State, 34 S.W. 3d (Tex. Crim. App. 2014) that a motion for new trial "retroactively stayed the commencement of community supervision" until the motion was overruled by operation of law. The ruling saved Mr. Lundgren from 300 days in the Wise County [...]

By | October 6th, 2014|Criminal Appeals, Criminal Law Developments|Comments Off on Using the Texas “Motion for New Trial” Like a Surgeon

Thomas Dale Delay v. The State of Texas

In November 2010, former United States House Majority Leader, Tom Delay, was convicted in Travis County Texas of money laundering and conspiracy to commit money laundering. On September 19, 2013 the Texas Third Court of Appeals (COA) reversed the Delay conviction and entered an order of acquittal by a 2-1 vote. The COA ruled there was legally insufficient [...]

By | March 27th, 2014|Criminal Appeals, Personal Thoughts|Comments Off on Thomas Dale Delay v. The State of Texas

Failure to Communicate Plea Offers

The Texas criminal defense lawyer's professional responsibility to each client regards the timely communication of plea bargain offers made by the prosecutor. When defense attorneys fail to communicate plea offers to clients they commit ineffective assistance of counsel, which can often lead to reversal in a criminal case.   To establish an ineffective assistance of [...]

By | January 8th, 2013|Criminal Appeals|Comments Off on Failure to Communicate Plea Offers

Texas Criminal Appeals

Several new appeals came into the office this year. Fortunately, my clients possessed the presence of mind to call early in the Texas appeal process to preserve as many of their rights as possible. The appellate timetable is unforgiving and must be complied with strictly to preserve one's right to review. Bryan|College Station criminal defense [...]

By | January 7th, 2013|Criminal Appeals|Comments Off on Texas Criminal Appeals

Ineffective Assistance of Counsel on Appeal

Several prospective clients called recently asking how they can appeal their Brazos County criminal conviction and sentence resulting from aplea bargain or an open plea to the court (a guilty plea and waiver without a punishment recommendation from the prosecutor). "With great difficulty," I said. A plea bargain accepted by the trial judge waives most [...]

By | January 7th, 2013|Criminal Appeals|Comments Off on Ineffective Assistance of Counsel on Appeal