First, the right of confrontation would require the ESPN reporter to be on the stand to testify as to his knowledge. So, imagine in a criminal court Johnny Manziel and the autograph broker were being tried for violating NCAA rules or inducing said violations? There they sit with their lawyers…
The rule against hearsay is one of the fundamental rules of the American justice system. It is very similar, although not completely identical, to the rule requiring confrontation of witnesses in a criminal case, i.e., the right to confront one’s accusers. Our nation’s founders were very disturbed at English prosecutions,…
The first jury trial I won on aggravated assault was trickier because allegation was threatening injury and displaying a deadly weapon. My client was alleged to have chased his ex-girlfriend/child’s mother’s vehicle up and down the highway with his vehicle, and threatened to ram her (he did bump her a…
*3 In crafting a definition, however, it is important to remember the function of the definitions and instructions in a charge. The function of the abstract paragraphs is to provide a glossary to help the jury understand the meaning of concepts and terms used in the application paragraphs of the…
What is a deadly weapon? Well, thankfully the code defines that for us as well. Penal Code 1.07(17) says that “‘Deadly weapon’ means: (A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or (B) anything that in the manner…
To understand aggravated assault, one must understand misdemeanor assault. Section 22.01 of the Penal Code defines assault as “(a) A person commits an offense if the person: 1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse; [or] (2) intentionally or knowingly threatens another with imminent…
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,…