PUBLICATIONS
PUBLICATIONS  AND PUBLISHED OPINIONS

Publications, Briefs, and Selected Reported Opinions

Wharton's Criminal Procedure, 14th ed., Co-author.

ESI Discovery in Texas Criminal Practice (Chapter 23), Essentials of E-Discovery (2014).

Marcum LLP v. United States, 112 Fed.Cl. 167 (Fed. Cl. 2013), aff'd, 753 F.3d 1380 (Fed. Cir. 2014) (discussing appointment of Marlo Cadeddu as discovery and budgeting expert in United States v. Allen Stanford).

United States v. Abdulqader, 664 F.3d 467 (5th Cir. 2011) (addressing application of Double Jeopardy Clause to declaration of a mistrial).

United States v. Mees, 640 F.3d 849 (8th Cir. 2011) (addressing whether district court improperly considered defendant's ethnicity in imposing sentence).

United States v. Jeong, 624 F.3d 706 (5th Cir. 2010) (addressing application of Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and Mutual Legal Assistance Treaty in parallel America and Korean bribery prosecutions of the same defendant).

United States v. Sumlin, 489 F.3d 683 (5th Cir. 2007) (reversing conviction on the basis of improper admission of Rule 404(b) extrinsic evidence).

Larry Begay v. United States of America, Supreme Court Case Number 06-11543 (2004),  Brief of Amicus Curiae the National Association of Criminal Defense Lawyers (addressing whether felony driving while intoxicated is a “violent felony” for purposes of the Armed Career Criminal Act).

United States v. Strong, 371 F.3d 225 (5th Cir. 2004) (upholding judgment of acquittal on the basis of the prosecution's failure to prove the "in furtherance" element of mail fraud).

 

Turtles in the Soup? An Analysis of the GATT Challenge to the United States' Endangered Species Act Section 609 Shrimp Harvesting Nation Certification Program for the Conservation of Sea Turtles, 11 Geo. Int'l Envtl. L Rev. 179 (1998).

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COVID-19 and Jury Trials

During this time of social distancing, a subject about which there has been a lot of discussion in the criminal defense community is when to restart criminal jury trials. Courts around the country have stayed case deadlines and continued trials in the interest of keeping defendants, trial participants, and jury members safe. But the jury trial right is a... 

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