Courtroom Trial Practice

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“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 admit evidence from a Secure Continuous Remote Alcohol Monitoring (SCRAM) device that she inappropriately consumed alcohol while on bond. On the day of the hearing [...]

By | January 5th, 2016|"Off The Back", Courtroom Trial Practice, Forensic Evidence|Comments Off on “Getting Creative – Use Kelly v. State to Challenge Any Scientific Evidence”

“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 for argument on November 2, 2015. In Foster, Georgia prosecutors struck all four African-American prospective jurors from the death penalty [...]

“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. 15. But more precisely, each constitution guarantees the criminally accused a right to a jury that is fair and impartial. To this [...]

By | July 10th, 2015|"Off The Back", Courtroom Trial Practice|Comments Off on “Getting Jurors to Tell Us the Truth”

“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 compelling but one-word answers from the witness. Its logic is simple, yet compelling. The perfect cross demands the jury's attention. Through it we demonstrate [...]

By | April 12th, 2015|"Off The Back", Courtroom Trial Practice|Comments Off on “The Perfect Cross-Examination”

“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 following a refusal, defending blood tests are now commonplace for the DWI defense attorney. Making preparation more demanding is the technical nature of these cases. [...]

By | December 5th, 2014|"Off The Back", Bryan College Station DWI, Courtroom Trial Practice|Comments Off on “Quick-and-Dirty Phlebotomy Basics”