Austin DWI Lawyer In 1991 in Geesa v. State, the Texas Court of Criminal Appeals accepted the federal jury charge instruction of Proof Beyond a Reasonable Doubt, namely, that reasonable doubt “is the kind of doubt that would make a reasonable person hesitate to act in the most important of his own affairs.” Trial courts… Read more
Category: Austin Criminal Defense Lawyer
Austin Criminal Defense lawyer David Frank is based in Texas and has a reputation for being a tough and experienced criminal trial lawyer. In April of 2014 he challenged the Texas Mandatory DWI Blood Draw Statute in two test cases. The appellate courts agreed and found that the Mandatory Blood Draw Statute runs afoul of the Fourth Amendment. In November 2014 he helped lead a State-Wide effort against a SOAH rule change. That effort led to a simpler process to subpoena witnesses for ALR Hearings. He is the Past President of the Criminal Defense Lawyers Association and currently serves on the Texas Criminal Defense Lawyers Association Strike Force Committee.
Opioid Treatment on Probation
A Federal Judge said this week that a Massachusetts man facing a jail sentence could not be denied access to treatment for his opioid addiction believing that such a refusal violated the Americans with Disabilities Act and was cruel and unusual punishment. Here in Travis County, Defendants can be denied medication in jail or be deemed… Read more
PUBLIC DEFENDER’S OFFICE
Austin Criminal Defense Lawyer The County Commissioners Court and the District Attorney’s Office want to change the way indigent defendants are represented in Travis County. See, Travis County Weighs a Defender’s Office, Austin American Statesman, October 17, 2018. This new approach is based on a Report entitled Review of Drug Possession Case Dispositions 2016-2017 and… Read more
SHAKEN BABY SYNDROME – Sometimes the Doctors Get it Wrong
Shaken Baby Syndrome or Abusive Head Trauma is a severe condition that can cause death or serious bodily injury in very young children. The condition causes blood to flow under the skull and creates bruising, swelling and bleeding. We handled a case for a client who was accused of harming a child in her care… Read more
McCoy v. Louisiana – Following Your Client’s Instructions
On January 16, I wrote about McCoy v. Louisiana a case where defense counsel argued that his client was “crazy”. This was a triple homicide where the evidence for guilt was overwhelming. The defendant, Robert McCoy, nonetheless maintained his innocence and instructed his lawyer not to concede guilt. Convinced of his client’s guilt and perhaps… Read more
Franks v. Delaware – Material Omissions v. Misstatements?
Franks v. Delaware – Material Omissions v. Misstatements? In Franks v. Delaware, 438 U.S. 154 (1978), the Supreme Court held that a defendant may challenge the validity of a search warrant affidavit and is entitled to an evidentiary hearing if the veracity challenge is supported by a specific offer of proof. The challenge must allege… Read more
Inconsistent Reasoning from the Court of Appeals
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
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
IS IT UNCONSTITUTIONAL FOR A LAWYER TO CONCEDE A CLIENT’S GUILT AGAINST THE CLIENT’S WISHES?
On Wednesday, lawyers will argue McCoy v. Louisiana before the United States Supreme Court. The question before the court, which will decide if Mr. McCoy should get a new trial, is whether it is unconstitutional for a lawyer to concede a client’s guilt against the client’s wishes. Austin dwi lawyer This was a difficult case…. Read more
Cross-Racial Eyewitness Identification
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