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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