Inconsistent Reasoning from the Court of Appeals

Austin Criminal Defense Lawyer

Austin dwi Lawyer Yesterday, the Court of Appeals told the defendant he was wrong for requesting a jury instruction that could have helped him. Blithely ignoring its own reasoning, the Court provided a separate jury instruction, that could only have helped the State. There appears to be little even-handedness in this opinion and it telegraphs… Read more

Not Guilty: DWI Blood Test More Than 0.15

Austin Criminal Defense Lawyer

TRIAL REPORT – DWI Blood Test More Than 0.15 Austin DWI lawyer Court:  Travis County Court at Law Number 6 Judge Brandy Mueller Offense:  DWI First with BAC greater than 0.15 g/dl Offense Level:  Class A Prior Convictions Admitted? None Did Defendant Testify? Yes Offer prior to trial:  1 Day Travis County Jail + $1,000… Read more

Cross-Racial Eyewitness Identification

Austin Criminal Defense Lawyer

Despite the numbers of reported media accounts of Eye Witness Identification leading to false convictions, misidentification is not a defense set out in the Texas Penal Code and Texas law does not authorize a trial court to give a Cross-Racial Eyewitness Identification Instruction to the Jury. Courts are concerned that a written instruction to the… Read more

Presentation on Scaled Questions

Austin Criminal Defense Lawyer

Scaled Questions are an excellent way to remove biased jurors from the panel. A scaled question asks jurors to respond to a statement and rank how strongly each juror agrees or disagrees with the statement. I like to use a scale of 1 to 8 with “1” being strongly disagree and “8” being strongly agree…. Read more

Boating While Intoxicated Dismissed

Austin Criminal Defense Lawyer

Client was having a peaceful afternoon on the lake with friends.  It was beautiful.  The boat was safely moored and everyone was having a good time.  After a few hours, Game Wardens with the Texas Parks and Wildlife Department came by to conduct a water safety inspection. They came up along the port side and… Read more

Police Violated the Warrant Requirement When they Illegally Entered Client’s Home

Austin Criminal Defense Lawyer

A driver alleged that my client damaged her vehicle and left without exchanging information.  In a quick series of events, my client became the subject of a DWI investigation.  Deputies entered my client’s home and began a search for evidence.  We argued that the Police violated the warrant requirement when they illegally entered client’s home… Read more