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Monthly Archives: January 2015

Automobile as Deadly Weapon in DWI Case

Prosecutors like to threaten defendants charged with DWI with the hammer of an enhancement for use of a deadly weapon. This is easy to do in a case involving death or serious injury, since by definition, the car was capable of causing serious bodily injury or death. Prosecutors will also seek a deadly weapon finding… Read More »

Now certified in criminal law by Texas Bd. Legal Specialization

I received confirmation today from the Texas Board of Legal Specialization that I am now Board Certified in Criminal Law. This is in addition to my certifications in Personal Injury Trial Law and Civil Trial Law. There are only 7,000 lawyers in Texas (out of what seems like a million lawyers) certified in any area…. Read More »

What is the insanity defense?

Section 8.01 of the Texas Penal Code provides for the affirmative defense of insanity: It is an affirmative defense to prosecution that, at the time of the conduct changed, the actor, as a result of severe mental disease or defect, did not know that his conduct was wrong. There are some crimes so horrific most… Read More »