Preliminary Sections

• Author: Mark G. Daniel/Robert K. Gill
• Pages: 1-62

HIGHLIGHTS

The 2015 Edition of Texas Criminal Lawyer’s Handbook overflows with new and updated information,

to keep you on the cutting edge of Texas criminal law, procedure and practice. You receive statutory updates

throughout the book and more than 75 new citations to case authority. The highlights include expanded cover-

age of a broad range of topics, including:

• A defendant’s right to an Article 38.23 instruction [§1:75.3]

• Whether the government conducts a search when it attaches a device to a person’s body, without con-

sent, for the purpose of tracking that individual’s movements, and the reasonableness of that search

[§2:25]

• Canine searches and the sufficiency of a search warrant affidavit [§2:58]

• Body cavity searches during a traffic stop [§3:90.1]

• Warrantless blood draws in DWI cases [3:91]

• The “should know” test for determining whether a custodial interrogation occurred [§6:21]

• Six factors to consider in evaluating whether questions are legitimate booking questions or a pretext

for eliciting incriminating information [§6:22.5]

• Double jeopardy and the Blockburger test in the context of multiple punishments in a single trial

[§8:31]

• Factors a court may consider in deciding whether, in the interests of justice, the probative value of a

remote conviction substantially outweighs its prejudicial effect [12:84]

• Video recordings of arrests for intoxication offenses [§13:22.1]

• Preserving error when defense counsel objects during voir dire [§14:56.1]

• Submission of accomplice-witness instruction to jury [§15:51.5]

• Jailhouse informant testimony [§15:52]

• Factors that may justify closure of the courtroom to the public [§15:130.8]

• Peace officers’ access to cellular telephone or other wireless communications device, pursuant to a

lawful arrest [§16:38.3.1]

• The Supreme Court’s “primary purpose” test for determining whether statements made in the course

of police interrogation are testimonial or non-testimonial [§16:71.2.1]

• Whether statements to individuals who are not law enforcement officers could conceivably raise con-

frontation concerns [§16:71.2.3]

• Online solicitation of a minor [§17:44.2]

• Double jeopardy and collateral estoppel principles in revocation proceedings [§20:96.4]

• Sufficiency-of-the-evidence reviews in bench trials [21:20.1]

And More!

Texas Criminal Lawyer’s

Handbook

by Robert K. Gill

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