Lubbock Criminal Defense Lawyers Association

Federal Rules of Criminal Procedure

$20, 248 pp., 2007
978-1-60156-033-9

The handy 4-by-6 inch format fits easily into your briefcase or pocket and is designed for quick and easy courtroom reference. This newly updated guide compiles the Federal Rules of Criminal Procedure as amended through December 1, 2007. Includes approved forms.

Criminal Litigation and Legal Issues
Second Edition
Brent E. Newton

$50, 272 pp., 2005
978-1-55681-932-2

“There is no better way to learn criminal procedure.”
—Steven Lubet, Professor of Law, Northwestern University

“Brent Newton has performed a great service for law teachers, defender services, and all others who want to teach and learn ‘real criminal procedure litigation.’ His book will be an excellent work for advocacy-oriented programs, for it encourages students to master doctrine as well as technique. This book can—and should—also be used in classroom criminal procedure courses, coupled with one of the standard casebooks that students can use as a reference.”
—Michael E. Tigar, Research Professor of Law,
Washington College of Law

Criminal Procedure in Practice
Second Edition
Paul Marcus and Jack Zimmerman

$50, 352 pp., 2003
978-1-55681-810-3

Reviews

“To the authors’ credit, there are sufficient practice tips, cautionary notes, tactics, and comments interspersed throughout the text to breathe life into the subject matter and to make the book a worthwhile addition to the libraries of many practitioners.”
—Wisconsin Lawyer,
July 2002

“Criminal Procedure in Practice covers a lot of territory in one volume, focusing on the general state of the law with respect to each area of criminal procedure. It would be particularly useful for someone relatively unfamiliar with criminal procedure who needs a broad overview… The inclusion of the U.S. military law is a much welcomed contribution.”
—Inga L. Parsons, New York University School of Law

For those of you who practice in federal court, Asst. U.S. Public Defender Jerry Beard offers the following valuable new information:

Last Friday the Supremes granted cert in Irizarry v. US to decide whether sentencing courts must provide notice before imposing a non-guideline sentence. This is the Rule 32 notice issue which our office had aggressively appealed over the past 18 months. Looks like our petition lost the beauty contest.

Even so, the 5-5 circuit split on this issue is going to be resolved!

Since some judges routinely impose such non-guideline sentences without providing any advance notice, I would strongly advise folks to continue objecting on this basis, and also to object to the unreasonableness of the sentence:

“Your Honor, in accordance with Rule 32(h) and the Supreme Court’s opinion in Burns v. United States, and in light of the High Court’s recent grant of certiorari in Irizarry v. US to decide the ‘notice’ issue, we object to the Court’s failure to provide notice of its decision to impose a non-guideline sentence. We also object to the sentence imposed as being procedurally and substantively unreasonable.”

It is important, critical, that both objections be made in open court, even if it requires interrupting the judge. (A post-sentencing objection won’t cut it.)

Give me a shout if you have any questions.

Jerry Beard (Ph: 472-7236)

Effective September 1, 2007, Rule 25.2(d) of the Texas Rules of Appellate Procedure was amended to require a statement in the certification of the defendant’s right to appeal form that the defendant has been informed of his appellate rights. The certification form has been rewritten to conform to the amended rule.

A sample form, ‘Trial Court’s Certification of the Defendant’s Right to Appeal,’ is posted on the LCDLA Member’s Only page.

Also, Rule 48.4 has been added, which codifies the requirement that within five days after an appellate decision is handed down, appellate counsel must send the defendant, return receipt requested, a copy of the Court of Appeals’ opinion and judgment, and notification of his right to file a pro se PDR. Counsel must also notify the appellate court of his compliance with this requirement by letter and attach a copy of the receipt, within the time to file a motion for rehearing.

LCDLA Members can download a blank version of the form by clicking here.

Pat Phelan has been appointed District Judge in Hockley and Cochran Counties effective next week.

The remote access system now has an added functionality that allows attorneys to run their dockets by date or date range. This report will give them all of the criminal settings that are on the courts’ calendars as of the night before. If you are interested in signing up, you can find the form on the DA’s website.

APO advised me legislature has changed statute to provide defendants receive jail credit for trips to SAFP and CRTC, under 42.12, section 23, the Court shall credit to the def time served by the def as a condition of c.s. in a SAFP or another court ordered residential program facility, but only if the def successfully completes the treatment program in that facility.

Effective September 1, 2007, LR 83.18 and LCrR 53.1 were amended, and Miscellaneous Order 63 became effective. These changes continue the prohibition on the possession of electronic communication devices on court floors, but grants certain exceptions. In Dallas and Fort Worth you may be required to show your bar identification card or a written authorization from the presiding judge to bring an electronic communication device onto a court floor. Please click the link below for details…

http://www.txnd.uscourts.gov/pdf/misc_orders/63-1.pdf

Good news! In response to the truckloads of Motions to Discover Criminal History of Defendants being filed by our members, the District Judges have signed a Joint Order Regarding the Distribution of Criminal History Reports to Defense Attorneys.

In a nutshell, the CDA is ordered to provide defense attorneys with criminal histories of defendants as part of the discovery that is normally released in pending criminal cases. However, defense attorneys are not to provide copies of the criminal histories to the defendants, and shall use the criminal history report “only for discussion purposes with clients.” Since our files actually belong to our clients, I don’t know if the last part is enforceable, but in general I think the Order is a very good thing.

Click here to view the order: Joint Order Regarding the Distribution of Criminal History Reports to Defense Attorneys

Aug. 21, 2007

“230 years ago, our forefathers fought a war to throw off the yoke of a European monarch and gain the freedom of self-determination. Texans long ago decided that the death penalty is a just and appropriate punishment for the most horrible crimes committed against our citizens. While we respect our friends in Europe, welcome their investment in our state and appreciate their interest in our laws, Texans are doing just fine governing Texas.”

The DA is changing their email service effective next Friday. They are going to pretty much lose their current email address books when they do this so if anyone is waiting to hear back from one them after the change, they may want to send another email on the following Monday.

Their email addresses are not going to change.