In his second issue, appellant argues he was harmed by the additional definition of unlawful because it “violated his right to a unanimous jury,” “lowered the state’s burden of proving each and every element of the offense beyond a reasonable doubt,” and was “confusing, misleading, and … an incorrect statement…
One of the most prosecuted and least appreciated criminal statutes is aggravated assault with a deadly weapon. Criminal trial lawyers are separated from other lawyers by their ability to win aggravated cases at jury trial. We go into the case knowing our client is likely to do time if the…
Court of Appeals of Texas, Dallas. Roderick PARKER, Appellant v. The STATE of Texas, Appellee. No. 05-10-00878-CR. March 15, 2013. On Appeal from the 397th Judicial District Court, Grayson County, Texas, Trial Court Cause No. 059391. Micah Belden, Sherman, TX, for Roderick Parker. Karla Baugh Hackett, Grayson County Crim. Dist.…
Court of Criminal Appeals of Texas. Roderick PARKER, Appellant v. The STATE of Texas. No. PD-098-12. April 25, 2012. On the Appellant’s Petition for Discretionary Review from the Fifth Court of Appeals, Grayson County. PER CURIAM. *1 Appellant was convicted of retaliation and sentenced to eight years’ imprisonment. On appeal,…
The issue of intoxication and consent came up recently in the Fort Worth Court of Appeals in Anderson v. State, 2012 WL 1222148. In Anderson, two men met two ladies at a bar during a night of drinking. One young lady ended up somehow at the residence of one of…
On a night before the Oregon State Beavers played the University of Texas in the Alamo Bowl, two longhorn players went out drinking. At a bar, they met a young woman who eventually invited them back to her hotel room. That was either a sign that the young lady was…
The Texas Rules of Evidence are modeled after the Federal Rules, and Rule 404 is the main rule governing character evidence. 404(a) outlaws evidence of character simply to prove “conformity therewith on a particular occasion,” I.e. you can’t use character evidence to say simply “he did it before, so he…
Character evidence is very important in a criminal case. We want the jury to like our client, and to dislike the person accusing us of an alleged crime or the witness to an alleged crime. However, the rules of evidence generally frown on “trial by ambush,” so there are limits…
Trayvon Martin’s parents are wildly screaming that the privacy rights of their 17 year old “kid” are being invaded by George Zimmerman’s lawyers acquiring Trayvon’s Facebook, Twitter and school records. First of all, what you post on Facebook or Twitter in public has little privacy value. So, be careful what…
*4 Under the second prong of Strickland, Olvera must show by a preponderance of the evidence that, but for counsel’s errors, he would not have pleaded guilty and would have insisted on a jury trial. At the habeas hearing, Olvera testified that he and his sister asked counsel several times…