Preliminary Sections
Author | Mark G. Daniel/Robert K. Gill |
Pages | 1-60 |
HIGHLIGHTS
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
And More!
TEXAS CRIMINAL LAWYER’S HANDBOOK
BY ROBERT K. GILL
James Publishing, Inc.
3505 Cadillac Avenue, Suite P-101
Costa Mesa, CA 92626
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