Interview:



2022-2023 | Heather Barbieri 

Between July 2022 and June 2023, criminal defense attorneys in Texas faced important legal and policy changes that shaped their practice. The U.S. Supreme Court's decisions on Miranda rights and criminal intent, such as in Vega v. Tekoh and Ruan v. United States, had significant implications for Texas defense strategies, particularly in drug-related cases, which are prevalent in the state. Texas continued to see debates around sentencing reforms, with a growing focus on reducing harsh penalties for nonviolent offenses, including drug possession. However, the state's public defender system remained underfunded, with many attorneys struggling to handle overwhelming caseloads. Racial justice issues remained a central topic, especially in light of Texas’ diverse population, prompting scrutiny of policing practices and systemic biases in prosecutions. Mental health and substance abuse also played a larger role in defense strategies as mental health courts expanded across the state. Furthermore, Texas law enforcement's use of surveillance technology, including facial recognition and geolocation tracking, raised new Fourth Amendment challenges, requiring defense attorneys to develop novel approaches to protect their clients' privacy rights. Lastly, post-pandemic court backlogs and ongoing virtual hearings created logistical hurdles for attorneys as they worked to navigate a shifting legal landscape while ensuring their clients received fair and timely trials.