School of Law 1 Camino Santa MariaSan Antonio, TX 78228 +1-210-436-3011 School of Lawlogo St. Mary's University
San Antonio's law school

John M. Schmolesky

Professor of Law

Education

  • J.D., with honors, University of Wisconsin, 1975
  • B.A., with honors, University of Wisconsin, 1972

License to Practice

  • Wisconsin

Specialties and Courses

  • Capital punishment
  • Constitutional criminal procedure
  • Criminal justice administration
  • Criminal law
  • Federal criminal procedure
  • International criminal law (in Innsbruck, Austria)
  • International crimes in U.S. courts (in Beijing)
  • Texas criminal procedure

Biography

Schmolesky was Assistant Attorney General for the State of Wisconsin from 1976 through 1979 before returning to the University of Wisconsin Law School to supervise clinical programs and teach courses in the field of criminal law.

Schmolesky joined the law faculty of St. Mary’s University in 1981, where he has taught numerous criminal law courses. His teaching has included courses at St. Mary’s summer programs in Innsbruck, Austria, and Beijing as well as a semester teaching as a Fulbright Scholar at Catholic University in Rio de Janeiro, Brazil.

For 28 years, Schmolesky was the sole author of the State Bar of Texas Criminal Law Digest. He co-authored the six volumes of the Texas Practice series dealing with Criminal Procedure published by Thomson/West. His legal scholarship has been cited by numerous state and federal courts including the United States Supreme Court.

Organizations

Faculty sponsor of St. Mary’s Criminal Law Association; National Association of Criminal Defense Lawyers; Criminal Justice and International Law sections of the American Bar Association.

Publications

Books

  • Criminal Law (rev. ed., 2016)
  • Criminal Law CreateSpace Independent Publishing Platform, 2014.
  • Dix and  Schmolesky Six volume “Criminal Practice and Procedure”, Thompson/West, 2010 and annual supplements.
  • Texas Criminal Practice Guide; Matthew Bender & Company, Inc. 1994-2009.
  • Constitutional Criminal Procedure, CreateSpace Independent Publishing Platform, 2014.
  • Dix and  Schmolesky “Criminal Practice and Procedure”, Thompson/West, 2010.

Shorter Works in Collection

  • “Motion for New Trial” chapter of the Texas Criminal Practice Guide Matthew Bender and Company, Inc. (2002).
  • “Witnesses” chapter of the Texas Criminal Practice Guide Matthew Bender and Company, Inc. (2001).
  • Chapter of the Texas Criminal Practice Guide on “DNA Evidence;” Matthew Bender and Company, Inc. (2000).
  • Chapter of the Texas Criminal Practice Guide on “Discretionary Review;” Matthew Bender and Company, Inc. (2000).
  • Chapter of the Texas Criminal Practice Guide on “Appeal;” Matthew Bender and Company, Inc. (1999).
  • Chapters of the Texas Criminal Practice Guide on “Community Supervision.” “Pardon.”  “Parole.” Three chapters of the Texas Criminal Practice Guide. Matthew Bender and Company, Inc. (1995).
  • Chapter of the Texas Criminal Practice Guide on “Federal Habeas Corpus;” Matthew Bender and Company, Inc. (1993).
  • Trial and Appellate Criminal Procedure,” 44 Southwestern Law Journal 601 (1990).
  • “Time Changes:  Growing Complexity in Texas Sentencing Law,” 30 South Texas Law Review 283 (March 1989).
  • “Presumption Instructions and Juror-Decision-making” (with, Penrod and Cutler) Forensic Reports Volume I, No. 2 , September, 1988.
  • “Criminal Law,” 38 Southwestern Law Journal 497 (April 1984).
  • “The Supreme Court Lends an Ear but Turns its Face,” 33 Rutgers Law Review 261 (1981); cited by the United States Supreme Court in Connecticut v. Johnson, 460 U.S. 73 (1983).
  • “The Importance of the Presentence Investigation Report After Sentencing,” 18 Criminal Law Bulletin 406 (Sept-October 1982).
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