Texas Criminal Lawyer's Handbook

ebook Volume 2 · Texas Criminal Lawyer's Handbook (9/18)

By Mark Daniel

cover image of Texas Criminal Lawyer's Handbook

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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

    Pretrial Motions

  • 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

    Punishment Phase

  • Burden of proving enhancement allegations
  • Appeal of probation; probation revocation; shock probation

    Post-Trial Issues

  • Exceptions to the statutory prohibition against a subsequent habeas application after the final disposition of an initial writ application challenging a conviction
  • Texas Criminal Lawyer's Handbook