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“While There Is A Soul In Prison, I Am Not Free.”
This is the King’s X rule. If the lawyer is too slow standing up, or doesn’t know a Rule, or only objects under one ground and the judge can think of another, this doctrine tells the client: “We know it isn’t your fault, but your lawyer didn’t use the right magic...
If the most useful rule of evidence is Rule 104, by far my favorite is the beautiful Rule 602. The first sentence says, “A witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the...
Rules of Evidence. Rule 104. The Most Important Rule of Evidence. Rule 104 is the most important because without it, none of the other Rules of Evidence can be reliably enforced. Texas Rule of Evidence 104. Preliminary Questions (a) In General. The court must...
For the people in Cameron and Willacy County who I represent, the 13th Court of Appeals in Corpus and Edinburg is the most important appellate court there is. We are far more likely to have a case considered by the 13th Court of Appeals that the Texas Court of...
Garcia v State. December 1, 2022. 13th Court of Appeals. Do Not Publish. Memorandum Opinion. Contreras, Longoria, Silva. After he was arrested for a felony DWI in January 2007 Javier Barrera Garcia pleaded guilty. Because he did not speak English or understand...
Listed below are the seven deadly sins of appellate law. These are part of the appellate law, but they are also so lacking in definitions and standards that a judge can apply them or not. All of them work towards depriving the client of a decision on whether he got...
We Criminal Defense Lawyers often advise our permanent resident clients to get their citizenship. We “know” that at least if they get in trouble, they won’t be deported. We ask if their citizenship status before we advise them on a plea and if the client has already...
Perhaps you have heard the argument that Justice of the Peace judges are the most important trial judges in the community because, even though their cases are small, these cases impact the lives of more people on a more regular basis than even federal judges. This may...
This is a motion that I have filed several times in State Court defenses. It should be helpful in any case in which the prosecution may ask the police officer questions like, “What did you learn from your investigation?” This question often elicits otherwise...