Andrew & Andrew on Texas Criminal Defense: Recent Episodes
Andrew Herreth & Andrew Decker
Two attorneys practicing Criminal Defense in Texas want to gain and share knowledge from some of the best lawyers in their field.
As Defenders, its important to remember who we’re fighting for and what our clients’ rights are.The Andrews discuss just that in this episode.
Happy Law Day, Defenders! The Andrews sit down with Professor Emerita Lynne Rambo of Texas A&M University School of Law to discuss the dangerous precedent being set out of the executive branch with the attacks on the judiciary. This concerned Professor Rambo so much she decided to do something about it with a group of colleagues from around the country. They developed a simple yet powerful statement and posted it on lawyers4theruleoflaw.com
We are encouraging everyone to visit the site, read the statement and attach your name to it. Its important to note that this is not a political statement and you will be joining attorneys from all points on the political spectrum. This small act of solidarity sends a message the rule of law in this country must be respected. Support the Constitution, honor your oaths, sign the statement.
The Andrews have the pleasure of discussing indigent defense with none other than James McDermott, Chief Public Defender for the Far West Texas Regional Public Defender’s Office. Listen in on what it takes to establish, grow, and run an office which has become vital to their area.
The Andrews sit down with the great and formidable Ian Stephens. Ian is a third year law student and member of the law review at Texas A&M University School of Law. His paper for law review focuses on the detrimental effect state licenses have on recidivism. This is a fascinating discussion that highlights the absurdity of the current licensing framework we have in Texas.
Read the article for yourself here.
Would you like to contact Ian for more information? Do so here
A new bill has been introduced in Texas which waters down 39.14. Contact your local rep to voice your displeasure.
The Andrews discuss getting a DA’s office disqualified and everything that comes with it.
The Andrews are enlightened by the great and powerful Maggie Stewart of Mundial Law on the ins and outs (literally) of Canadian travel. The days of thinking anyone can enter the northern border are over, folks. They got real life law enforcement up there. As you’ll hear, Maggie informs us what convictions can keep you out of our great northern cousinland. All is not lost, though, those Canadians are a forgiving bunch. If you do have a conviction, there are a few different avenues available to you. Best advice is to just give Maggie a call when you want to travel and her team will get you squared away.
Mundial Law
Courtney Miller joins us once again to walk us through a crazy story that happened recently in one of her trials. Listen in as she fights for her client like no one we’ve spoken to.
Contact Courtney here.
The Andrews sit down with Lance Evans, Dean of the Tim Evans Trial College. Named after his father, legendary trial lawyer Tim Evans, the Trial College is a week long trial skills workshop that is a must attend event for lawyers of all skill level. Lance, a fantastic trial lawyer in his own right, talks to us about the week long CLE and how he finds it helps lawyers.
Sign up here
The Andrews discuss the different, important age related issues in criminal law in Texas.
The Innocence Project of Texas (which is a separate entity from the Innocence Project based in New York), was founded in 2006 by defenders Mike Ware and Jeff Blackburn. Since that time, IPTX has grown to be one of the leading innocence organizations in the country having exonerated or freed 35 people. The Andrews talk with IPTX staff attorney Caitlin Gilbert; someone who has long been devoted to fighting for the wrongfully convicted. This highly successful office runs like a well oiled machine with staff attorneys evaluating over 1,000 cases per year.
Click here to contact the IPTX offices.
The Andrews interview Julie Balovich and Shane O’Neal who just pulled off a huge win in Alpine, TX. Convicted of murder, their client was initially sentenced to 37 years in prison before Julie signed on and filed a Motion for New Trial. Many defenders will know how difficult it is to get a hearing set on this motion let alone having it granted by the trial court. Thats exactly what Julie did. Not satisfied with a half victory, Julie continued fighting for her client and brought on Shane O’Neal to help try the case. Listen in for their story along with pro tips on dealing with injustice in your own backyard.
The Andrews discuss one of the newest penal code sections in todays episode and its a bit od a doozy. Chapter 76 of the Penal Code is where you’ll find the new Terrorism statute. This ain’t your grandpa’s terroristic threat charge either; this is all new and is being filed in Texas (we know from personal experience). So put on your thinking caps and your defender’s pants and settle in for some learnin’.
The Andrews have a fascinating conversation with Sesenu Woldemariam from the Bexar County MAC. He walks us through a more in depth analysis of juvenile law, what to look out for when handling a juvenile case, and some tricks of the trade he has picked up throughout his career. Sesenu is probably the smartest guest we’ve had on the show as he has two degrees from Yale University. This is a great interview that is sure to give you all tons of great information.
If you have questions about juvenile law, contact him here.
The Andrews take a deeper dive into Padilla, removal proceedings, bars to naturalization and, most importantly, what you Defenders can do to assist your clients going through possibly one of the scariest moments of their lives. Justin Tullius is an attorney with the Managed Assigned Counsel office of Bexar County, Texas. This man knows what he’s talking about as he’s been in the immigration law field since being licensed in 2007. Listen in as he shares with you some of the work-arounds contained within the immigration laws.
Justin loves the Texas Tornados, hence the title of this episode coming from one of their albums.
He recommends you read Bad Mexicans: Race, Empire and Revolution in the Borderlands by Kelly Lytle Hernandez.
The Andrews have a conversation with Anne Burnham on todays episode. Anne is an Assistant Public Defender with the Harris County Public Defender’s Office in the appellate division. She talks with us today about relationships with our clients and our duties towards them.
Click here for templates Anne discussed
Click here for the Texas Rules of Professional Conduct
Click here for the Man in the Arena speech
Click here for TechBytes
Click here for JusticeText
The Andrews have a conversation with Anne Burnham on todays episode. Anne is an Assistant Public Defender with the Harris County Public Defender’s Office in the appellate division. She talks with us today about relationships with our clients and our duties towards them.
Click here for templates Anne discussed
Click here for the Texas Rules of Professional Conduct
Click here for the Man in the Arena speech
Click here for TechBytes
Click here for JusticeText
The Andrews have faces made for audio-only podcasts. We are not models. The ABA, though, loves their models; namely the Model Rules of Professional Conduct. Today we discuss a new opinion just handed down regarding case or fact pattern discussion and disclosure on listservs.
You can find Formal Opinion 511 here.
The Andrews review jury selection again and how you can be prepared when the State or Judge push against your voir dire.
Click here for Fuller and Sanchez
Look out online for our new podcast videos
The Andrews have a conversation with Justin Crane on today’s episode. Justin is one of Herreth’s former clients who has taken everything he’s learned from his experiences in the criminal justice system and totally changed his life. Listen in as he talks about those changes, his experience as a Defendant, and how he can help you transform whats holding you back in your life. Herreth is now a current client of Justin’s and seeing wonderful results.
Contact and follow Justin through his instagram account here.
The Andrews discuss the growing affect social media has on our jury trials. Its mostly not great for defenders. Listen in to hear about the latest ridiculous-ness that maybe you’ve experienced as well.
The Andrews discuss the new laws regarding fentanyl possession and/or distribution with Courtney Miller. Courtney has been busy lately and will be back on the show to discuss more success she’s had in trial. Today, though, Courtney discusses her work defending those accused of possessing or selling the new drug thats everywhere in the news these days. Fentanyl is indeed a scary substance to be around and that is no different for our clients and defenders.
Contact Courtney Miller by email here or by phone here.
Courtney’s favorite band is Pearl Jame.
Courtney’s favorite book is The Ghost Map by Steven Johnson.
Courtney’s best piece of advice is “Can’t Never Could Until You Tried”
The Andrews promise this is not a filler episode….even though it may sound like it. Ever wonder what to do when you’re not getting the deal you want? Are you being yelled at from all sides on your case? We have the solution for you! Just set that headache for trial. You never know what will shake out as you approach the big day: a prosecutor may realize they don’t have as good a case as they thought, your client may realize what is really at stake and finally listen to you, or the jury/judge will be the final arbiters on the issues. This is why we have jury trials, to decide what is what when the parties can’t. Have no fear! The outcome of a trial is not a reflection of who you are as a person or as an attorney! Just set that stuff for trial!
The Andrews talk about something we Defenders deal with almost daily: the dreaded probation revocation. Listen in as we go over the basics of probation violations and some general things to remember when defending your first or next one.
The Andrews talk with up-and-coming trial attorney, James Martin, about how no matter how much you prep a trial, something will always come up you just cant prep for. Even though he’s one of the younger attorneys we’ve interviewed, his war stories today will shed some light on the profound skill he possesses. Listen in as he discusses a wacky case where his client began with 7 felonies and ended up on deferred after 3 not guilty verdicts. Pay particular attention to the Motion to Quash on Double Jeopardy grounds; this is surely to be something we Defenders need to have in our quiver and use as appopriate.
Contact James Martin at 682-703-0658 or click here.
The Andrews host Professor Stephanie Stevens from St. Mary’s University School of Law. Professor Stevens is a Clinical Professor of Law and Director of the Summer Skills Enhancement Program at the School of Law. She will highlight for us the benefits of experiential learning in law schools. We learn all about what students in her clinic are learning and how that particular education is different than in regular classrooms. Her students are well served by her decades on the front lines defending those who need it most. Listen in as we take you back to school!
To contact Professor stevens, please visit the School of Law’s website.
The Andrews discuss a fan question on this episode. Sometimes it can be hard to determine if your client should elect the judge or jury to assess punishment. We cover some things to consider on this episode. Keep those fan questions coming! we love to share our combined decades of trial experience with you all.
Send us your Ideas here
The Andrews are here to wish you Happy Holidays! Please take some time this season to be grateful for those around you; we promise it’ll make you a better servant to your clients and staff.
Enhancing a State Jail felony can be confusing, as you’ll hear in today’s episode. It also doesn’t help that the hosts are complete idiots. Please, if you know these like the back of your hand, reach out to us so we can get all this straightened out.
The Andrews discuss those cases where contractors get in trouble. Listen in as we explain misapplication of trust fund cases and what you can do to help your clients out.
The Andrews have discussed THC before, from the growing and sale of it to its testing. This time, though, we talk about issues with cases as their going through the court system. Listen is and grab some gems from our experiences with these cases!
The Andrews discuss the troubling dynamics when an estranged family member returns and creates chaos in families. This may be a less substantive podcast in terms of caselaw or code sections but still contains som good nuggets for you defenders out there.
If there is one word to describe Porscha Brown, its advocate. She is a felony deputy-chief in the Harris County Public Defender’s Office overseeing eight other attorneys. She has a full docket that includes murder, sex assault and aggravated offenses. This would be almost too much work for any other attorney to handle but not Porscha: she also is on the board for the Managed Assigned Counsel in Harris County and is heavily involved in LGBTQ advocacy. The Andrews are honored and humbled to have such a passionate defender on the show.
To contact Porscha, click here.
Defenders across the State have been winning some very important cases lately. The Andrews discuss some of those wins and how they potentially change the Criminal Justice System as a whole. Great work Defenders!
Lawyers have it tough. Society and Pop Culture like to portray us as impenetrable fortresses but thats far from the truth. We have a terribly tough job (even though it can be immensely rewarding). If you are struggling at this moment, please seek help. The National Suicide and Crisis lifeline can be reached at 988. Texas Lawyers’ Assistance Program, or TLAP, is here to help. Join us as we discuss how TLAP can help with what stresses you with Michelle Fontenot, Director of TLAP.
Want free CLE and at the same time become a better friend/colleague? of course you do. This is the course that Michelle mentions in the interview.
Contact TLAP at 1-800-343-8527 (call or text).
tlaphelps.org
The Andrews sit down today and speak with Jake Greenberg. Jake, at one time, represented Defendants who were already incarcerated. Many Defenders don’t know what happens to their clients after they plea. Often, those Defendants in prison go on to commit offenses while incarcerated. Its important to note that Texas aggressively prosecutes these cases. If any of our listeners have dealt with the Special Prosecution Unit, they know they can be some of the most difficult prosecutors to deal with but as we’ll learn in this episode, thats pretty much because its codified in the Codes. Jake did the Lord’s work in the Counsel for Offenders Office. Listen in as he gives us his insights and he’ll share some law for you.
You can contact Jake on TikTok: @BetterTakeJake or by email at bettertakejake@gmail.com
The Andrews discuss DWI investigations and defense with Lisa Martin from TexasDWIExpert.com. She is renowned across the state as an expert in the investigation of DWIs and administration of the SFSTs. Lisa is a former police officer who spent her career enforcing DWI laws; now she is still helping police officers become better by consistently pointing out where they’re wrong in their cases. Listen in as she explains what you need to be looking for in your cases and how she can help you get the best deal for your client.
The Andrews are extremely blessed to speak with a nationally renowned trial lawyer. Leon Haley, Jr. has been practicing for 40 years in the Tarrant County (Fort Worth) area. Listen in as he discusses his approach to trial strategy, finding your story, and how to pick a jury. This episode is chock full of great information every one of us can incoporate into our trial practices.
Contact Leon by calling 817-923-3209
The Andrews discuss the Sex Offender Registry and some of the collateral consequences of registration (or failure to do so). If you’re playing along at home, the registration requirements are located in CCP Section 62.
Its just the Andrews on this episode discussing what we’ve learned when taking on new clients or how to discuss cases during the initial consultation. Listen in and let us know what your tips are on any of our socials or through our website texascrimdefense.com
The Andrews have the high privilege of speaking with two of the best trial lawyers in the State on this episode. Veronica Veyhl and Phillip Hall walk us through a quick primer on what psychodrama is and why you should use it on every trial case you have. Also, we’ll discuss the many different trial training schools available across the country. Links below will direct you to the schools these great attorneys attended and how to contact them should you have questions, need representation, and/or need a mitigation expert.
Veronica Veyhl
Phillip Hall
Trial Lawyers College
The Andrews discuss how great deals for your clients can sometimes come back to haunt them in the future. Decker has a case where a client got a fantastic deal in the past but because of Tanner v. State, 335 S.W.3d 784 (Tex. App. 2011), that fantastic deal is being used to turn an otherwise misdemeanor case to a 25-to-life habitual felony. Listen in as we discuss this case and its ramifications. Defenders out there should remember this case and advise your clients accordingly.
The Andrews discuss a sensitive topic in today’s episode. Gun laws are rapidly changing the legal landscape, let alone everyday life in this country. We try to keep our personal opinions out of this and just report the facts but we’re also human (regardless of what prosecutors say) and feel deeply for the health and safety of our families and clients. With all the changes, one law in particular is in the “crosshairs” of the appeals courts: the bond conditions restricting access to firearms on assault family violence cases. Also, Unlawful Carrying of a Weapon has seen significant changes from its previous form. All good information for you Defenders out there to know.
After taking an episode off, the Andrews are back for another show filled with great information for our defenders. Today we discuss Openings and Closings and how you should be developing the theory and theme of your case. Listen in to some great pointers from Decker and, as always, feel free to contact us with topic/guest ideas.
The Andrews brave the winter storm by discussing the parole considerations of 3(g), which is now 42A.054. This can be tricky for defenders to advise their clients about, so please pay attention and adjust your advice accordingly (if needed).
The Andrews discuss one of those areas that many of the defenders out there will have dealt with, though maybe not directly. Today we cover extraditions: what are they, what code section governs them, and procedurally what do you need to know. Listen in as we go over this important criminally related hearing.
The Andrews start the new year off in earnest with Javier Martinez who will school us on effective legal writing. This won’t be like law school, we assure you. In fact, Javier’s skill in persuasive legal writing has been honed over the years with practical legal experience, he has worked with some legendary trial attorneys and has made a name for himself as an effective litigator. Defenders will particularly want to pay attention to his advice on this episode (hint: its the name of the episode).
The Andrews hope you all have a great holiday season! Today’s episode focuses not on the penal code but on the struggles we all face as attorneys. If you need help, please reach out to someone.
The National Suicide Hotline # is 988
Click Here for the Texas Lawyers Assistance Program
Need Motivation?
On this episode, The Andrews seek to dazzle you with Article 17 of the CCP. Should be a good time!
The Andrews are talking allocutions on this episode. Both of us have experienced our fair share of heart wrenching statements from victims after particularly difficult cases. In those instances, its a no-brainer that we should hear from a victim. But did you know that any case where there’s a “victim” could have an allocution (or victim impact statement). Look at CCP 42.03 and follow along with us.
The Andrews have yet again been assisted by Kasia Cristobal, reference librarian at the UT Tarleton Law Library and friend of the show. We have come up with our topic today by reading an article on Texas’ Constitutional Carry written in the New York Times. While we don’t address the specifics of the article, it did lead us to discussing the fine line (if there is one) between Deadly Conduct (a misdemeanor) and Agg Assault Deadly Weapon (a very serious felony). Listen in as we discuss these two charges as well as self defense under Chapter 9 of the penal code.
The Andrews discuss a recent research paper sent to us by friend-of-the-show Kasia Cristobal. Its an eye opening report on the effect jury selection has on the outcome of a trial. As defenders, we all know that voir dire is the most important phase of trial; often your case is won in this initial stage. This report, “Examining Bias in Jury Selection for Criminal Trials in Dallas County” provides hard data for defenders to see exactly how important this phase is. Hopefully all of us are considering the “ideal” jury for our cases as part of a defense; unfortunately, this means taking into account the racial makeup of a jury.
The Andrews talk today with Neil Krugh, a solo defender practicing primarily in Harris County. We discuss with him the bonuses of practicing in the largest county in Texas and third largest in the Nation. This episode covers everything from how to get on “the wheel”, the difference between appointed and “free world” attorneys, and jamming to Buble while defending those who need it most.
To contact Neil Krugh, please email neilkrugh@gmail.com
What a treat for ya’ll today as the Andrews discuss a fellowship program with the Potter and Armstrong Public Defender and Managed Assigned Cases Office. Listen in as the Managed Assigned Cases Director, Vaavia Rudd (otherwise known as “V”) explains her role in the office, the general duties of her office and their attorneys, and this wonderful new fellowship program they have started. We’ll also here from fellowship attorneys Brianna Gamez and Ethan Colley on their experience so far in the program. There are a few spots left so please send in your resumes if you’re interested!
To apply or to learn more, contact the office at papdmac.org
The Andrews sit down with James Luster, a founding partner of Cofer Luster, to discuss how to grow from a solo firm to a partnership with multiple associates, partners, and support staff. Some of our listeners may have aspirations to grow beyond your current size; this is a great episode to highlight how one of Texas’ best defenders did just that.
To find out more about James or to contact his firm for help, visit coferluster.com
The Andrews welcome back Jeff Shearer to the show to discuss a huge win in the 2nd Court of Appeals. He’ll take us through some of the procedure of his appeal, his argument, and how his win is kind of a backwards one. After Jeff shares, we regret to inform you that the Andrews are not infallible. I know…shocking. Mr. Decker will share how the 2nd Court of Appeals disagreed with his argument. As you will hear, regardless of the outcome, its imperative we keep fighting in these moments. The show is very proud of his efforts!
The Andrews are going there! We may not be the best equipped to discuss women’s health but this time its intersecting with criminal law and we, as defenders, need to be prepared for all that comes our way. Listen in as we try to prepare for the impending public health crisis as best we can. Crazy times ahead!
The Andrews discuss Decker’s recent contested motions: a Motion to Suppress and a Motion to Quash. We cover the legal basis for each and some of the law regarding them. We’re sure you all will get something out of this discussion.
The Andrews answer some really great questions we received from one of our listeners. We discuss how to be a better orator, how to find a mentor, how to find experts and more on this episode that may be geared toward the lawyer-to-be rather than the seasoned pro, but we think there’s enough nuggets of wisdom we’ve learned over the years to enlighten every one of our listener demographics.
contact us at texascrimdefense.com
Follow along as we discuss Article 18.01 of the Code of Criminal Procedure: its all about search warrants! We’ll discuss the basics of what you need to know and how to fight these for your client.
The Andrews have a fascinating discussion with Kasia Cristobal, Reference Librarian for Tarlton Law Library Public Services and Lecturer at the University of Texas at Austin School of Law. Kasia reached out to us with some thoughtful questions about “real world” legal research. Listen in as the tables are flipped and the Andrews are asked questions about staying on top of the law in the fast-moving, ever-changing world of criminal law.
If you have questions related to legal research, feel free to reach out to Kasia at the Tarlton Law Library by calling the reference desk at 512-471-6220
This is a listener-submitted topic! The Andrews’ discuss some of their tips on selecting juries. Are you a lecturer or a questioner? Do you loop? Powerpoint or no? There’s no right or wrong way to pick a jury, so long as you are finding the right jurors to return your two word verdict. Listen in for some of the ways we select a jury.
The Andrews discuss hard things on this episode. We defenders have a hard job and sometimes that takes its toll on us. As a profession, we suffer high rates of depression, addiction, and suicide. Its important that we take time to care for ourselves; after all, if we are not well, we can not serve our clients well. We have hard trials and hard clients, so what are some strategies we can do to cope with these difficulties? Maybe this podcast will help open your mind about some possible resources available.
We’re the Andrews and we intend to alarm you…with a terrible ruling out of the CCA. Tobias Lopez joins us to discuss an update on his Harassment case where he won BIG TIME in the 2nd COA. This time around, not so much; but, all is well and Tobias is still fighting for his clients. Listen in as we discuss this asinine reasoning by the CCA and how text messages and other electronic communications are “speech”…yeah, you read that right.
This is an update from our interview in Season 1, Episode 8.
Contact Tobias at the Ed Jones Law Firm 817-335-0200
The Andrews interview Harmony Schuerman on this episode about what it takes to defend the worst allegations in our society. Listen in as she shares her personal trial prep process and make sure you listen to what she says about the importance of preparation and organization.
To contact Harmony with help on one of your big (or small) cases, visit https://hmscriminallaw.com/
Get it? Today the two of us discuss the basics (and we mean basics) of Juvenile law. You will not be able to competently represent a juvenile based purely on listening to us; please God I hope you’re not doing that for any of our episodes! But this episode should point you in the right direction if you have a specific question on one of your cases. Please reach out if you have any questions!
The Andrews discuss dispositive pre-trial motions, namely Motions to Suppress, on today’s episode! Get excited!
The Andrews interview Krista Harvey, the immigration attorney with MyPadilla.com, a FREE service from the Capital Area Private Defender Service and TIDC. Listen in as we are schooled on why all defenders should be using this to better serve those clients who may be undocumented citizens. All defenders, drop everything and sign up for a profile on mypadilla.com.
The statute we mention toward the end of the show is….
Krista enjoys George Strait, is reading Colleen Hoover, recommends that we all marry for money first and then second time marry for love. She offers free CLE!
Contact Krista at krista@mypadilla.com
The Andrews interview Kristi Taylor, Executive Director of The Texas Judicial Commission on Mental Health, on how we as defenders can better serve our clients who suffer from mental incompetency. Listen to this discussion on the pitfalls of the process our clients must go through when trying to regain competency and what you can do to speed up the process. Check the links below for more resources, these should be included in every Defenders briefcase for quick access in dockets.
Visit TexasJCMH.gov for more information:
Adult and Juvenile MH and IDD Law Bench Books: http://texasjcmh.gov/publications/bench-books/
PRINT THESE OR SAVE TO YOUR DEVICES:
Eliminate the Wait Competency Toolkit http://texasjcmh.gov/media/2103/eliminate-the-wait-toolkit-11921-final.pdf
Practical Ideas for Counties to Streamline Competency Restoration and Save Money: https://iemvirtual.com/wp-content/uploads/practical-tips-for-competency-restoration_.pdf
Matthew Smid joins the Andrews to discuss everything white collar crime on today’s episode. Listen as he explains just what the heck a white collar crime is and how they can be defended. Matt, a former college basketball player, takes the same intensity he brought to the game to his defense of citizens. This is truly a must listen for all you Defenders out there.
You can reach Matt directly here. Or listen for his personal cell number should you need anything.
Matt is an avid listener of DMX and loves to read Hank the Cow Dog with his son. Matt thinks you can succeed in life if you show up and do the work (so true).
The Andrews welcome back mitigation specialist Victoria Rusk to speak with us today about mitigating the hardest individuals to represent, child sexual predators. While this may seem like an impossible task, Victoria gives us so great things to consider when defending the toughest crimes to be accused of. If you know anyone who would make a great mitigation specialist, visit mitigationuniversity.com to find out more and sign up for a course!
The Andrews celebrate this third Holiday Special by discussing the topic we love to hate: DWI’s! This year’s episode is on a little known aspect of a DWI conviction, the DPS Superfine. Follow along in your songbooks, brethren and sistren, at hymn number TTC 709.
Please don’t drink and drive but we encourage you to listen to us while you drive.
Defenders, when you’re bogged down by the rote and mundane aspects of our job, have you ever yearned for an easier, dare I say, automatic way to run your business? Well, the Andrews have the answer for you…Actually, our guest, Rocky Ramirez has the answer for you: automation! Take a listen and learn how you can serve your clients better, and run your practice much more efficiently.
For specific questions, email rocky@rockyramirezlaw.com
The Andrews discuss the state of indigent defense in Texas with Geoff Burkhart, Executive Director of the Texas Indigent Defense Commission (TIDC). Listen in as we discuss what TIDC does statewide and what they can do for you, the solo defender.
Mr. Burkhart can be contacted through his office at (512) 936-6994.
The Andrews spend some time today discussing the the particulars of hunting regulations that could leave you needing the services of one of the fine defenders found in our Great State. Hunters, you’ll want to listen to this lively discussion before venturing out into the field with your rifle.
Its just the Andrews today for a shorter-than-normal episode highlighting a shorter-than-normal penal code section. 12.44(a) and (b) can be extremely useful in getting the right deal for your client. Listen in as the Andrews discuss this often requested, seldom given code section.
The Andrews sit down with a relatively new attorney, Jeffrey Shearer, who recently appealed a case up to the 2nd Court Of Appeals. We talk with Jeff about the process, the issues, and the preparation it takes to argue a case before a panel of Judges. This is a great example of an attorney doing what needs to be done to protect and represent his client.
Contact Jeff at (817) 345-0147 for all your appellate needs!
The Andrews shed some light on the new changes in criminal law taking effect on September 1. Listen in as they discuss the much needed reforms, and some absolutely ridiculous changes the government passed into law. Let us know what you think at texascrimdefense.com
The Andrews sit down with Dean Miyazono, an attorney who has more than 100 trials under his belt, to discuss retrograde extrapolation. This can be a confusing and daunting area of DWI law that many attorneys shy away from but as Dean assures us, there are many defense that can come up during these situations. Dean mentioned more than once that defenders should read the chapter on Retrograde Extrapolation in Garriott’s Medicolegal Aspects of Alcohol.
Dean recommends you reach out to him with questions on retrograde and he can share his expertise and some other materials with you to put you into a position to win your case.
Contact Dean directly at https://www.medlinfirm.com/.
The Andrews discuss the latest issues with Terry Frisks and how the changing firearm carry laws will affect the longstanding Supreme Court case. Constitutional Carry in Texas will change alot for some people, and not much for others; one thing is clear, as defenders we need to be ready for how it will change fact patterns in our cases.
Stephanie Brown with the Bexar County Public Defender’s Office talks with us today about representing individuals in magistration proceedings. Magistration is the very first court appearance a defendant makes after being arrested and for the longest time defense attorneys were non-existent during them. That changed a couple years ago in Bexar County and the results have been astounding. Listen in as the Andrews discuss the importance of early representation with the lawyer who is leading the charge on this important phase for someone charged with a crime.
Stephanie recommends everyone read Suffer the Children by John Saul but it sounds too scary to one of the Andrews, we’ll let you guess which.
Stephanie says the best piece of advice she’s ever been given is that you can’t make grown people do what they don’t want to do, so quit trying.
You can learn more about Stephanie here (as well as find her contact information).
Alyse Ferguson is the Chief Attorney of the Collin County Mental Health Managed Counsel Program (MHMC.) She is responsible for managing the specially trained attorneys, who represent indigent defendants diagnosed with mental illness. If you’re a defender, you need to listen to this episode and bolster your defense of those individuals who are suffering from a mental illness. Alyse gives you some tools to fight stubborn DA’s and also some ideas on community services available to help your client from re-entering the system.
Alyse recommends each of us have the Texas Mental Health and Intellectual and Developmental Disabilities Law Bench Book. It can be found here.
Bone up on CCP Art 16.23! It covers the diversion of persons suffering mental health crisis or substance abuse issue.
Alyse also recommends we read The Last Lecture, available here.
The Andrews talk about the differences in Temporary Restraining Orders and Emergency Protective Orders with Diondra Lindquist. Diondra is a close resource for The Andrews because she’s right down the hall! She’s a family and criminal defense attorney and handles a bunch of the stuff we just have no clue what to do with. Defenders, its only a matter of time before you have a case with a TRO or EPO as a collateral issue; this episode is a good primer for knowing how to handle those.
Contact Diondra directly through her website https://www.attorneydiondralindquist.com/
The Andrews discuss a fan-submitted topic on this episode: What are some common ways people come into contact with police? We discuss what we think are the most common violations of the Transportation Code and our thoughts on possible defenses for some of them.
The Andrews discuss Article 17 of the CCP - all about Bond Conditions. The code, per usual, contains a few surprises you may be surprised to hear about. Join us for this one so you’re not caught off guard the next time your clients, or yourself, are looking at a Motion to Revoke Bond.
The Andrews are joined on this episode with Jason Niehaus, a partner at the law firm of Bodkin, Niehaus, Dorris & Jolley, to discuss his work on a groundbreaking appeal that every defender should be familiar with. His work in Watkins v. State expanded the Michael Morton Act by defining the work “material”.
Read the Opinion here.
Jason has been gracious enough to share his 39.14 discovery requests.
Jason reminds us to get our heads out of our asses and that the law is not a meritocracy…meaning that there is no guarantee that the judge you are appearing in front of is smarter than you; prepare for the case like you’re the expert, not your judge.
Jason can be contacted directly through his website.
The Andrews talk about the process and procedure the State has to go through when wanting to seize your private property. Nick Davis and Blake Burns join us to discuss this controversial and often used method of officially sanctioned theft.
Nick can be contacted here.
Blake can be contacted here.
A third Andrew sits down with your favorite legal duo to discuss wrongful convictions. Andy Hale, a partner at Hale and Monico, shares with us his role in fighting for people who have been convicted, in proving their innocence, and in fully exonerating them of the crimes they were alleged to have committed. This is an inspiring episode that had both hosts shaking their head at how egregiously wrong the system can be sometimes. Mr. Hale also produces documentaries for some of the cases he has worked on and we touch a little bit on how media can affect a case, even after it has been tried and someone convicted. Do yourself a favor and watch “A Murder in the Park” at the link below:
https://www.amazon.com/Murder-Park-Anthony-Porter/dp/B010FF7GN8
Mr. Hale can be contacted through his firm’s website: https://www.halemonico.com/
Mr. Hale recommends we all read Caste by Isabell Wilkerson.
Mr. Hale’s one piece of advice is “Everything in life is an opportunity”. He encourages each of us to view any perceived setback as an opportunity to do something better.
The Andrews discuss business formation and handling client’s money with Brent Mayr. Brent is board certified in criminal law, a successful solo attorney, and co-chair of the TCDLA ethics’ committee. He is also a frequent presenter at CLE’s statewide on this and many other topics. Listen in as he provides some pro-tips for safely handling the business side of your practice.
TCDLA Ethics hotline: 512-646-2734
contact Brent directly at mayr-law.com
Listen in on the Andrews’ conversation about when you should speak to cops. Our rule of thumb is people shouldn’t ever speak to the authorities, most of the time it will NOT work out for you. But there are exceptions, the main one being that you will only talk with a lawyer present! We also go over some law regarding the subject that may be helpful to our defenders out there.
The Andrews sit down with Dr. Kevin Schug to discuss the chemical analysis, and composition, of marijuana. Dr. Schug schools the Andrews on the dangers of GC testing, why LC testing is better, and overall on the history of marijuana. Dr. Schug is a Shimadzu Distinguished Professor of Analytical Chemistry at the University of Texas at Arlington and a partner at Medusa Analytical. Defense attorneys are encouraged to reach out to the team at Medusa Analytical if they have a need for a review of discovery containing any type of lab result. Contact them directly at medusaanalytical.com
Dr. Schug shared a review article he co-wrote which helped the Andrews prepare for this interview. He was gracious enough to allow us to share it with our audience. You can find it here.
Sherry Armstrong sits down with the Andrews to discuss our constitutional right to a Speedy Trial. This can be a confusing area of the law if you've never argued it in court. Sherry does a great job of breaking down the procedure and the law itself.
If you have any questions regarding this, reach out to Sherry directly through her website at https://armstrongattorneyatlaw.com/
The Andrews discuss the different aspects of taking appointments in criminal cases. Its important to note that you need to find out what your local jurisdiction requires and then apply to be on the list. The Andrews, as always, have a great time discussing something that may not seem at first glance to be that important. But it is important, especially for those defendants who cannot afford an attorney. Take a listen and hopefully you’ll learn something, at the very least you’ll be entertained for roughly 30 minutes; and thats worth the price of admission right there.
This episode, the Andrews talk with the all-knowing Mimi Coffey about DWI cases that don’t involve alcohol. When a client is arrested for DWI but its based on THC usage, you still have many, many areas to attack. Listen as Mimi outlines more than a few areas of the State’s case that are ripe for picking.
Mimi mentions the Clemson study, which can be found here:
Clemson Study
Have a question? Contact Mimi directly at mimicoffey.com
The Andrews discuss the government’s favorite holiday sting operation: the “No refusal weekend”. Listen as we discuss how ridiculous this misnomer is and, better yet, what you should do if you find yourself in this situation. Warriors, you should listen because, well, you love us and have nothing better to do. No trials = lots of time to listen to podcasts and dream of your next fight.
“Buckle up Sonny, it's the real world out here!” - Les’ DMV Examiner from the iconic 1988 movie License to Drive.
This is our ultra interesting and fast paced episode of license suspensions! take the advice above and buckle up and slide on those wayfarers for this action packed ride where the Andrews cover suspension lengths, ALR hearings, and various chapters of the Transportation Code. It may be dry but its really important information.
We know many of our listeners handle the big, scary cases in Texas. Cases like murder, aggravated assault, aggravated robbery, sexual assault. There are times when even the best of us shake our heads and don’t know how to best serve our clients. Thats where a mitigation specialist can really shine a light on the path forward. Listen to Victoria Rusk on this episode as she highlights what exactly mitigation is and how it can help on your case, especially your non capital cases.
Find Victoria’s book on mitigation here:
https://www.heartofjustice.org/the-handbook-for-mitigation
Interested in becoming a mitigation specialist? Victoria put together a training for you:
http://mitigationuniversity.com/
Victoria encourages everyone to be their authentic selves but also professionally don’t worry about being nice, just do good work. She also loves the book The Seven Spiritual Laws of Success.
Todd is the author/editor of one of the best reference books for Texas criminal defense attorneys: Texas Crimes and Consequences. This is a must own for attorneys and is small enough to carry with you to court for quick reference. Click the link below to get your copy. Listen as Todd explains the idea behind the book, how he got into criminal defense, and his words of wisdom for other attorneys.
https://store.legal.thomsonreuters.com/law-products/Practice-Materials/OConnors-Texas-Crimes-and-Consequences-2020-2021-ed/p/106661790
Contact Todd directly at http://www.dupontlaw.net/
The Honorable Andrew Wright is the Presiding Judge of County Criminal Court #7 in Harris County. He recently held a jury trial in the midst of the Covid-19 pandemic and he stops by to discuss with Andrew and Andrew the protocols put in place to ensure the health and safety of all participants. It was so successful that he has a handful of more trials scheduled through the end of the year.
Judge Wright recommends you read The Nickel Boys by Colson Whitehead.
He also advises our listeners to “Just Answer the Question!”
On this episode, we discuss what it means to be placed on probation and how a client can be revoked from their probation term. We cover both Motions to Adjudicate Guilt and Motions to Revoke Probation. Of course, the answer to most questions regarding these two motions are contained in 42a of the CCP. As Michelle Ochoa says, READ THE CHAPTER (looking at you, Andrew).
find out more at restoringjustice.org
Books recommended by Drew:
Just Mercy by Bryan Stevenson
The New Jim Crow by Michelle Alexander
Rethinking Incarceration by Dominique DuBois Gilliard
Drew’s best piece of advice:
“Fearless Love…do things that are the right things to do and don’t let fear hold you back.”
Powerful words and an inspiring episode for any current or future attorney out there fighting for what’s right.
Book recommended by Liz Wiggins
Tiger Tactics by Billie Tarascio, Ryan McKeen, and William Umansky
Contact Liz directly at https://www.georgetownlaw.net/
Today the Andrews bring on a civil attorney to discuss the advertising rules we all must comply with. Paul Wingo, partner at Hamilton Wingo, LLP, is a catastrophic injury attorney based in Dallas. He is a seasoned attorney and knows the ins and outs of the advertising rules; you’ll want to listen so you can stay right with the Bar.
Contact Paul directly at https://hamiltonwingo.com/
Join us on this eye-opening discussion of the differences in representing defendants in State and Federal Court with probably the smartest attorney the Andrews know, William Biggs.
Contact William directly at https://www.williambiggslaw.com/
Join us for our "clip segment" show to celebrate our first year of production! We cover our favorite interviews, the best advice we have received, and other highlights from the past year.
The Andrews sit down with renowned jury consultant Robert Hirschhorn to discuss jury questionnaires. Click the link below for a template questionnaire to use on your next DWI case.
https://www.dropbox.com/s/phwaqtla3vfimw6/1-pg.DUI.jq.pdf?dl=0
Contact Robert Hirschhorn directly at https://www.cebjury.com/
Join us as we discuss a challenging year for criminal defense lawyers with one of the best in the State of Texas, Kerri Anderson Donica. Kerri is the President of TCDLA and she talks with Andrew & Andrew about her successes and challenges during her time at the helm. This time leaves alot of uncertainty for criminal defense lawyers but one thing is certain: the competent and steadfast leadership Kerri provides keeps TCDLA responsive to it’s members’ needs.
Kerri recommends we all read The Schoolhouse Gate by Justin Driver.
Contact Kerri directly at http://www.kerridonicalaw.com
Haggard v State, unpublished opinion, 2019 Tex. App. LEXIS 4378 *; 2019 WL 2273869
Rivera v. State, 381 S.W.3d 710
Tiffany Lashmet, Associate Professor and Agricultural Law Specialist with Texas A&M Agrilife Extension, joins us to discuss the new adopted regulations of the Texas Department of Agriculture on hemp production. She also helps us understand the difference between hemp and “marijuana” as its more traditional known in the criminal law context. Joins us for an interesting discussion on the intersection of criminal law and ag law.
Today we speak to an attorney on the front lines of the fight for your rights in response to GA-13. Jeep Darnell is an El Paso area attorney working with other TCDLA members throughout the State of Texas to fight the unlawful restrictions of GA-13.
The recent emergency declarations and shelter in place orders affect all of us. Andrew and Andrew review the most recent orders and try to provide some clarity to the patchwork orders across the state.
These are very scary times we’re living through; its made even worse when the government suspends your rights indefinitely under the guise of “public safety”. Hopefully cooler heads prevail soon, until then, Defenders, you have a job to do to stand up to injustice wherever you see it.
This is a special edition coming to you to discuss the ramifications of PC 12.50 in light of the emergency declaration by Governor Abbott. Its a scary time out there folks, stay safe and wash your hands.
Wappler v. State, 183 S.W. 3d 765
Standefer v. State, 59 S.W. 3d 177
Sells v. State, 121 S.W. 3d 748
Andrew and Andrew discuss the importance of filing pretrial motions on your cases. This can be a highly effective way to dispose of your criminal case before a jury or bench trial. In this episode we discuss everything from discovery, indictments, limine, suppression and all the rest of the super fun Motions you should be filing.
This week’s episode covers one of the most heinous crimes known to man: Sexual Assaults of Children. We don’t talk about gory details of cases we’ve defended but we do discuss one very particular code section. If you’re defending someone who has been alleged to commit the same offense in the past, this episode may be helpful to you!
Hey there fellow attorney! How’s your intake process? Odds are its flimsy and inconsistent. Make your New Year’s resolution for your business to be to shore up and flesh out exactly how you want to handle new clients calling or coming in.
Not an attorney? Don’t worry! This episode is chalk full of information for the person needing to hire an attorney. Listen up for great tips on things to bring in to your initial consultation and for great questions to ask!
Neither of those type of people? Just sit back and listen to your favorite Texas criminal defense related podcast hosts as we ring in the new year!
The holiday season is upon us. This means police officers are out in full, sometimes double, force looking to arrest people. This vigilance may indeed keep truly dangerous people off the road but it also means some innocent people will get caught up in the enforcement net. Join us as we talk about special considerations for this time of year. Thank you for your support this year and we hope you have a truly special season with your loved ones.
Criminal Defense was forever changed (and complicated) after the ruling in Padilla v Kentucky. Listen as Raul Nevarez, noted Criminal Defense attorney, discusses an attorney’s role in advising a client on their immigration consequences. Whether a criminal Defendant accepts a plea offer or takes their case to trial, an attorney must always advise their client of the effect a conviction (or even a deferred adjudication) has on their ability to stay in the country.
Probably one of the craziest examples of prosecutorial overreach we’ve heard about in our careers! Listen to attorney Allison Bedore discuss the Chicken Killin’ case and how she and Andrew Decker prevailed for their client. I mean really, the State had a necropsy done on a chicken. Seriously.
Tobias Lopez is the attorney responsible for having a section of the “harassment” statute found unconstitutional. Listen to this great interview about the process of sending a case up on appeal and arguing your point in front of a panel of the Court of Appeals. Also, stick around for after the episode where Andrew Decker covers an interesting (and actually humorous for the 2nd CoA) update on the case.
Andrew and Andrew continue their discussion of DWI laws in the State of Texas. Please don’t drink and drive, but since DWI is an opinion crime (its the officer’s opinion if you’re intoxicated) ANYBODY could find themselves under arrest for DWI. Please contact us if you have any questions. Please note, nothing said in this podcast should be construed as legal advice…call an attorney personally for that!
Andrew and Andrew discuss some of the finer points of DWI law in the State of Texas. Please don’t drink and drive in Texas! But if you’re arrested for DWI, the case may not be a slam dunk against you. The law is complicated, the procedures are specific, and many police officers make mistakes. Call an attorney immediately if you’ve been arrested for suspicion of DWI!
Michael Tigar is known for representing controversial clients, such as Terry Nichols. He is a prolific writer and professor emeritus at Duke University. What is he doing talking with us? I know, we lucked out. Our gain is your gain! Take a listen to one of the most well known defense attorneys in the country!
Want to know the difference between a public defender and a private attorney? Why is Chapter 42A of the CCP so important? Join us to find out!
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find out more at www.texascrimdefense.com
Gerry Goldstein has had a long and illustrious career practicing law from his office on the 29th floor of the Tower Building in San Antonio, Texas. Gerry discusses what drives him still after all these years and hard fought cases. We discuss some of his most notable wins and he graciously acknowledges that, while the wins are sweet, the losses are a necessary part of our job.
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Contact your hosts at www.texascrimdefense.com
Leave us a rating and review on Apple Podcasts; we’d love to hear your thoughts!
Contact your hosts at www.texascrimdefense.com
Learn more about one of your beloved hosts of the Texas Criminal Defense podcast!
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visit www.texascrimdefense.com to contact your hosts directly.
For more information about Andrew & Andrew, visit www.texascrimdefense.com
Search and seizure law can be pretty convoluted in the State of Texas. As a society, we like to default to requiring a warrant. However, police officers don’t always like to get search warrants and often try to justify their seizure of evidence in a number of ways. Our jobs as defense attorneys is to fight these seizures and keep the police honest.
If you want better cops in your community, support your local defense attorney!