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Blogs

  • By: Fertitta & Reynal, LLP
  • Published: January 22, 2019

Last week, we discussed certain constitutional issues raised by the Texas statutory-rape provisions. Timing here seems especially fitting given the U.S. Supreme Court’s grant of certiorari in Rehaif v. United States, No. 17-9560, on January 11, 2019. As the petitioner in Rehaif couched the issue, that case involves the question of “Whether the ‘knowingly’ provision of § 924(a)(2) applies to…Read More

  • By: Fertitta & Reynal, LLP
  • Published: January 14, 2019

In the next few weeks, we will explore the constitutional infirmities of Texas Penal Code §§ 22.011(a)(2) and (c)(1), which are unconstitutionally vague on their face because they fail to specify the necessary mens rea. Under § 22.011(a)(2), it is a crime to “intentionally and knowingly” commit certain sexual acts with a “child.” Section 22.011(c)(1) defines “child” as anyone under…Read More

  • By: Fertitta & Reynal, LLP
  • Published: January 4, 2019

The Fifth Circuit started 2019 with a reminder to counsel. In United States v. Hicks, No. 17-51101 (5th Cir. Jan. 2, 2019) (unpublished), the court cautioned counsel: “pursuing an appeal contrary to a valid waiver and without responding to the Government’s invocation of the waiver is a needless waste of judicial resources and could result in sanctions.” The defendant had appealed…Read More

  • By: Fertitta & Reynal, LLP
  • Published: January 4, 2019

Well, the First Step Act is taking effect. Matthew Charles’s case received attention in 2018, when his “erroneous” release from prison as a career offender under the retroactive crack-cocaine guideline changes and 18 U.S.C. § 3582(c)(2) led to a government appeal and the Sixth Circuit affirming reinstatement of his original 35-year sentence. He returned to prison after that decision, but…Read More

  • By: Fertitta & Reynal, LLP
  • Published: July 28, 2018

James McComas has written an excellent short book that deserves to be on the shelf of every criminal defense attorney. His core insight is that, in every case, only a few facts and circumstances determine the outcome for either side. Once these “outcome levers” are identified, our job as defense lawyers is to eliminate or minimize our opponent’s points and maximize…Read More

  • By: Fertitta & Reynal, LLP
  • Published: November 16, 2016

In our practice we often work with counsel representing corporate clients. These engagements often involve Government investigations and parallel civil or regulatory litigation. One issue that arises frequently is what steps counsel for the corporation should take to inform employees of who she represents, what the attorney-client privilege is, and who gets to decide what communications are disclosed to the…Read More

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