Hospital Blood in Texas DWI Cases (Part 2)
Sherman Texas Criminal Lawyer Blog
by Micah Belden
6M ago
However, Texas allows the admissibility of medical laboratory blood that is drawn and tested at hospitals using indirect enzyme tests to be admissible in a driving while intoxicated case. This is despite the fact that the testing is a much less reliable enzyme test through a chemical reaction that is not testing only ethanol quantitatively or forensically.  Normally, only blood plasma is tested, not whole blood, even though the driving while intoxicated statute says whole blood.  Thus, a conversion formula is used even though each person’s plasma ratio is different. Hospital blood te ..read more
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Hospital Blood in Texas DWI cases (Part 1)
Sherman Texas Criminal Lawyer Blog
by Micah Belden
6M ago
I saw a Nick Saban quote online that addresses that there are few choices in life when we want to succeed.  There are not many ways to do things the right way, usually only one way works.  Coach Saban said “[w]e have a younger generation that isn’t told no or told exactly how to do it.  As a consequence, many young people have this illusion they can do what they want. The fact of the matter is that if you want to be good, you really don’t have a lot of choices.  It takes what it takes. You have to do what you have to do to be successful.” Nowhere is this more important that ..read more
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Sherman & Plano, TX Criminal Defense Lawyer’s Take on Kavanaugh (Part 6)
Sherman Texas Criminal Lawyer Blog
by Micah Belden
3y ago
But, a defendant like Dr. Kavanaugh might offer evidence of good character in general as a defense, which can be a defense in itself.   United States Court of Appeals for the Fifth Circuit Pattern Jury Charge 1.09 explains that Where a defendant has off evidence of good general reputation for [opinion testimony concerning]: truth and veracity, honesty and integrity, or character as a law-abiding citizen, you should consider such evidence along with all the other evidence in the case. Evidence of a defendant’s character, inconsistent with those traits of character ordinarily involved ..read more
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Sherman & Plano, TX Criminal Defense Lawyer’s Take on Kavanaugh (Part 5)
Sherman Texas Criminal Lawyer Blog
by Micah Belden
3y ago
On direct examination, neither party can testify as to specific instances of misconduct to show truthfulness or untruthfulness.  However, 608(b) states “…[b]ut the court may, on cross-examination, allow them to be inquired into if they are probative of the character for truthfulness or untruthfulness of:  (1) the witness; or  (2) another witness whose character the witness being cross-examined has testified about.”   Specific instances of untruthfulness do not appear to be a major piece of evidence yet, but Kavanaugh’s opponents have claimed that he has lied under oath ..read more
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Sherman & Plano, TX Criminal Defense Lawyer’s Take on Kavanaugh (Part 4)
Sherman Texas Criminal Lawyer Blog
by Micah Belden
3y ago
Here, we are dealing with a 35 year-old allegation of sexual misconduct for which no physical evidence would be present due to the age of the case and the nature of the allegation.   Additionally, Kavanaugh has not stated that he and Ford engaged in criminal activity, so (B) is out.  (C) is interesting as a catchall of “constitutional” admissibility.   The only way this would normally come in is as “alternative perpetrator.” evidence.   If Kavanaugh attempts to say that third party did the act Ford alleges, and could provide a foundation for the evidence, thi ..read more
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Sherman & Plano, TX Criminal Defense Lawyer’s Take on Kavanaugh (Part 3)
Sherman Texas Criminal Lawyer Blog
by Micah Belden
3y ago
Rule 613(b) states that “(b) …[e]xtrinsic evidence of a witness’s prior inconsistent statement is admissible only if the witness is given an opportunity to explain or deny the statement and an adverse party is given an opportunity to examine the witness about it, or if justice so requires…”  Thus, the therapist can be called and his notes admitted into evidence to show that Ford made a prior inconsistent statement to him.   In he-said/she-said cases regarding adults, such inconsistencies are usually very damaging. I believe this line of attack would be the strongest that Judge K ..read more
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Sherman & Plano, TX Criminal Defense Lawyer’s Take on Kavanaugh (Part 2)
Sherman Texas Criminal Lawyer Blog
by Micah Belden
3y ago
The central piece of evidence in this case is Professor Ford’s testimony.   She has previously discussed her experience with a therapist, whose notes are different from her recent statements. So, on cross examination, assuming she testifies similar to her recent statements, she would be confronted with the contradictions in her previous statements, if any, with her therapist.   From my reading of the news articles, her therapist apparently wrote notes that she claimed there were four people in the room, and one male pulled Judge Kavanaugh off of her.  However, her rece ..read more
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Sherman & Plano, TX Criminal Defense Lawyer’s Take on Kavanaugh (Part 1)
Sherman Texas Criminal Lawyer Blog
by Micah Belden
3y ago
The last-minute presentation of sexual assault evidence against Judge Brett Kavanaugh has put his Supreme Court nomination limbo.   Judge Kavanaugh was not my first choice, of those on the Trump list, but I see problems on both sides of the accusation.  Sexual assault cases can be the most difficult to defend and prosecute, as they often rely on judging he-said/she-said opposite testimony with no forensic evidence. In child cases, this is very difficult for the defendant, because jurors tend to want to believe the child. Thus, they want to force a defendant to prove that he didn ..read more
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Texas Texting and Driving Ban Sherman & Plano, TX Criminal Defense Lawyer (Part 2)
Sherman Texas Criminal Lawyer Blog
by Micah Belden
3y ago
Under the affirmative defenses, you can YouTube/Napster/whatever music all day long apparently and be okay under this statute. Although, this is not advised.  You may also GPS your directions, report illegal activity or report an emergency, not by calling 911, but apparently texting or emailing them or another person.  You may also read a message you believe to be emergency, even though you would not know it was one until you read it, and can check the weather.  Thus, it stops far short of a “hands free rule” that has been adopted in many cities. Further, this article preempts ..read more
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Texas Texting and Driving Ban Sherman & Plano, TX Criminal Defense Lawyer (Part 1)
Sherman Texas Criminal Lawyer Blog
by Micah Belden
3y ago
Six years ago, Texas Governor Rick Perry vetoed a ban on texting while driving as an affront to personal liberty.   This year, a Republican legislature and Republican governor said that personal liberty needs to be curtailed in the sake of their view of public safety.  As of September 1, 2017, texting and in the act driving in Texas is a traffic-ticket level, Class C offense.   Although the legislature created several exceptions that will be noted below, an officer who suspects that you are texting and driving, no matter what you are doing, will have a reasonable suspi ..read more
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