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Texas Criminal Lawyer's Handbook

Publisher: James Publishing

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ISBN: 9781945421594
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Texas Criminal Lawyer's Handbook

Texas Criminal Law, Forms, and Tips

Mark Daniel and Judge Robert K. Gill, two of the most respected criminal law authorities in the state, have rejuvenated and expanded Paul McClung's beloved criminal casebook. Here is ready access to key Texas criminal law precedent. Find winning arguments, evaluate key issues, anticipate the opposition's moves, and locate case support with Texas Criminal Lawyer's Handbook. This authoritative work provides practical and detailed coverage of today's tough issues:

•   Admissibility of DNA Evidence
•   Batson Challenges
•   Challenges for Cause
•   Child Abuse Evidence
•   Child Witnesses
•   Confessions
•   Discovery Issues
•   Hate Crimes
•   Illegal Searches
•   Ineffective Counsel
•   Prior Sexual Conduct
•   Probable Cause
•   Probation Revocation Issues
•   Sentencing Issues

Now Texas Criminal Lawyer's Handbook contains three types of helpful information skillfully woven together in a quick-reading, easy-to-follow reference guide:

1. Authoritative legal analysis.

Over 3,400 cases are analyzed and cited in over 250 topics, giving you quick access to Texas criminal precedent. Emerging legal doctrines are detailed, related examples are condensed in checklist format, and the discussions of the following key topics have been expanded:

•   Arrest
•   Search and seizure
•   Confessions
•   Scientific evidence
•   Pre-trial motions
•   Evidentiary issues
•   Punishment issues
•   Sentencing

2. Timesaving forms and checklists.

Speed your drafting with the Handbook's motions, objections, requests, declarations, affidavits, and admonishments. Save research time with handy checklists, each fully supported with case citations.

3. Practice tips.

Over 200 valuable suggestions are provided for the defense, prosecution, and bench. For example:

Search and seizure

•   Objecting to the fruits of allegedly improper search or seizure.
•   Alternatives to proprietary interests for demonstrating a reasonable expectation of privacy.
•   Preserving search warrant errors for review.
•   Challenging the initial detention.
•   Preventing the state's appeal of a successful suppression.

Strategies for cross-examination

•   Controlling difficult witnesses through the court reporter.
•   Neutralizing "I don't recall" answers.
•   Turning the tables on witness who asks for definitions.


•   Determining the voluntariness of impeachment evidence.
•   Demonstrating bad faith in evidence preservation.

Jury selection

•   Preserving error for denial of a requested challenge for cause.
•   Preserving a Batson challenge.
•   Challenging subjective beliefs or court room observations in a Batson hearing.

Trial objections

•   Objecting to impeachment based upon an inconsistent statement.
•   Establishing the proper predicate during impeachment.
•   Contesting the use of a prior conviction for impeachment.
•   Objecting to "Have you heard?" questions.
•   Physical evidence labels and notes as hearsay.
•   Advice to the bench and prosecution on admitting inflammatory evidence.

The most comprehensive and respected criminal practice guide in Texas, providing everything you need to help you prepare for, and win, criminal trials. Covers more than 250 topics. The Handbook also gives you in-depth practice advice on constitutional rights, documentary evidence, scientific evidence, impeachment techniques, punishment, and more.

Table of Contents

Search and Seizure: Property
Search and Seizure: Persons
The Right to Counsel
Rules of Statutory and Legal Interpretation
Double Jeopardy
Bail and Bond Issues
Examining Trials and Grand Jury Hearings
Pretrial Motions
Jury Selection and Voir Dire
Trial Issues
Child Sexual Abuse
Sex Offender Registration
Preservation of Error
Punishment Phase
Post-Trial Issues
Expunctions and Non-Disclosures