Good Morning!

Several attorneys in our office are planning on taking the Criminal Law TBLS exam in October.

I am looking for advice, not on what to study, but how to study for the test and the general mechanics of the test. Any insight from a prosecutor that has recently taken the exam would be GREATLY appreciated.

Please email me at: jweiner AT co.henderson.tx.us

I am aware that there was an article in the Texas Prosecutor back in 2004 but I am looking for information that is a bit more updated.

Thanks in advance!

Bueller?... Bueller?... Bueller?

Any takers?

The silence is deafening.Why wouldn't prosecutors want to help another prosecutor add something to his resume? (I think we all know the answer.)

But as for advice, I can only offer a tip from a guy who took the test 15 years ago. I was lucky enough to have the five or six volume set of Dix & Dawson Criminal Practice available at the time. I went through it and made flash cards on every major area (actually digital flash cards, but I digress). Was it a beating to do that? You bet. But, regardless of the test, it is one of the greatest things any lawyer who practices criminal law should do.

The part of the test which freaked me out was the federal procedure questions. There is no way I got those right, but it didn't matter.

Hey, don't worry about the test. I had a buddy who was taking the civil board certification test at the same time. Afterwards, he told me that he had a labor law question which he was clueless about. He answered it based upon a movie he had seen, "Disclosure". And he passed.

Good luck.

Please share, Barry, because I don't know the answer you think is obvious. I've given lots of advice about the exam in the past, but as I've only taken the Criminal Appellate one, I don't have any advice to offer on the Criminal Law exam. I know there's a forum on exam prep at the Advanced Crim Law course this summer. Is there something similar at the TDCAA Annual?

I took the test in 2001, but from what I understand it hasn't changed much. Here's my $0.02. Go to Advanced Criminal Law or get your hands on the materials. Read every paper cover to cover. You would surprised that if you take about a couple of hours a day for about a month or six weeks before the test, you can read the whole course. Also, get a book like Barton Texas Search and Seizure and read that cover to cover. Also, take a couple of Constitutional issues like right to counsel and learn them backwards and forwards. This is important because every essay question will have some Constitutional issues involved and if you get stumped on an essay question, you can do a constitutional brain dump on your answer and still get some points.

As far as the test itself, think about law school exams. An essay will be something along the lines of police break in and find drugs or a body and people scattered throughout the home and some people talk and some don't and some point fingers and some have priors and you need to figure out who can be charged with what and what defenses they might have. There will be subparts that change the scenario slightly and ask how it would be different in state as opposed to federal court.

If I can answer any specific questions please feel free to contact me ecarcerano(at)co.chambers.tx.us

This message has been edited. Last edited by: Eric C. Carcerano,

Eric has some good tips, especially about remembering back to your law school exams. It's all about issue spotting and accruing points. I would add these tips: Read the entire Penal Code and CCP. Read all the new "important" criminal cases which have come out in the last year or two. (See TDCAA Case Summaries, articles in legal magazines, etc.) And take enough time off to study. You need to start in August so you're not cramming in September. Good luck.

Thank you to everyone that replied and emailed me. I have some great info that I will use going forward!

I remember on the Criminal Appeals exam that at least two of the three essay questions were pulled largely from issues that were accepted PDRs from the Court of Criminal Appeals. That's a good place to look to get an idea of hot topics that might spark essay questions.

A lot of the questions ask you to look at things from all sides, so you might be asked in Part A how you would approach a motion to suppress as a defense attorney, in Part B how you would approach a different part of it as a prosecutor, and in Part C how you'd rule on it as the judge.

Andrea brings up a good point. We tend to forget that there is also a criminal appeals exam that people are now studying for that could probably use some guidance. I was one of the lucky ones who was able to use the opt in for criminal appellate certification, but it was a long process even getting that certification approved.

Years ago I had this idea that on the Saturday before the exam a whole bunch of prosecutors could get together in Austin and have a specialization boot camp to help the people taking the exam get ready. If there was an interest in such an undertaking I would still be willing to lend a hand as I am sure would others.

I don't lurk on this forum as much as I used to, so I just saw this and am happy to add my two cents. I took the criminal exam in 1992 and was grandfathered in for the criminal appeals (I later learned the exam used my St v Johnston case for the first criminal appeals exam’s main essay -- which is kinda fun!).

APPLICATION
I've always told people that the application process is a bit of a bear. Also, looking at what info the application requires will streamline the process for a future applicant (you know what lists you need to maintain).

The process for applying used to be daunting because of the mass quantities of information needed and the forms, but now it is online and almost a breeze. When I did the paperwork for criminal appeals, I was able to toggle over and fill in information about appellate and trial cases based upon our local courts data bases and our electronic system. I’ll bet the form took me less than a couple hours. By contrast, without computers in the early 90’s, I spent days – several – collecting info to go with the info I’d been keeping on a WordPerfect doc for years. If you look at the TBLS forms asap a few years before you are eligible (see the TBLS site), you’ll know what you need and can plan accordingly.

When I took the criminal law test, I had all of the state requirements (trials, appeals, GJ, etc.), but hardly any federal experience . The minimum requirements may be a bit different now, but the TBLS site will have that.

STUDYING FOR THE TEST
For state law, I think there is one sure-fire way to ace the criminal law exam: diligently read the hand downs from the CCA. Really, that’s the best thing. The year I took the test, the primary essay involved Sodipo and Studor. Since I knew those cases like the back of my hand, I put in all sorts of details (even legislative history – whoever scored my test was probably gagging!). I’ve talked to many people through the years about the tests, and the essays are always based upon significant cases from the CCA. So if you are taking this year's test, go back to the first group of hand downs last fall and chug through them ALL! Also, just by reading the hand downs, you will have a firm grasp of any other state and constitutional law you need. Make notes about the ones you think are significant and hang on to the significant opinions summaries from TDCAA as a reminder for later.

Also consider if there are any hot topics. I suspect that issues involving 39.14 will show up and possibly even McNeely/Villarreal issues. The list of issues granted (on CCA and SPA site -- and known as a Schutze list to some of us who've been around a while) will help on identifying hot topics. Talk to any appellate attorney and ask them what issues are percolating, too!

To gain basic knowledge of the federal part of the test, obtain a copy of the advanced criminal law notebook/disc. Look at these topics: Federal Pretrial Motions, Federal Sentencing, Federal Bail & Detention, Federal Trials, Federal Crimes & Defenses. Read each paper a couple of times. Then watch the video version of the conference; this way, you have a basic understanding when you hear the speakers. You’ll get a decent grasp of the federal stuff, and you’ll be flying high with the State questions because of the CCA opins.

ADD'L SUGGESTIONS
While this idea seems somewhat silly, I think it helps. When I took the criminal law test, I felt like I had a leg up because I used a typewriter. I know that sounds funny in these computer-driven days (and lord knows where you get a typewriter that is just a typewriter), but ask the person at the TBLS how they handle that. I suspect they have a way of allowing people to test without manually writing.

If you write on a computer normally at work, doing this will make your exam legible (friends who are college professors have told me through the years they always scored typed docs higher than illegible hand-written stuff). Since I think and write simultaneously using a keyboard, it was easy, even though I’d never done a typewriter test before. One of the best decisions I made!

If your work schedule will allow it, you might want to take time off and review your notes during the week or two before the test, but I wouldn’t get all stressed out about that and overdo that. That’s my best advice.

Good luck to anyone taking the test.

There's an option to take the exams on your own laptop using a special software. No need to handwrite unless you just love it!

Tanya's recall of the application process is interesting. In filling out the criminal appellate application, I learned that my records on oral arguments were sorely lacking, and that they were very difficult to find on the court websites and electronic records I had. So, I would say to folks that are still a couple years out, make sure you have good logs of all your matters as lead, whether jury trials, trials before the court, habeas corpus, direct appeal brief, or oral arguments. Names, cause numbers, and dates. It can be very useful to you in several contexts to have detailed records such as: I have tried XX felony jury trials and XX misdemeanor jury trials, including YY jury trials in ZZZZZZZ County. Start a log when you start practice and keep it going. You would be surprised what you forget in 20 years, and you cannot count on the Courts to keep accurate records that let you search yourself to rebuild those stats.