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aS FREE CLE :: DONALD DAVIS SEMINAR :: DEALING WITH THE PRACTICE PART UKA Ce) JURY ASSEMBLY ROOM :: Lunch Provided 1201 CONGRESS STREET / HOUSTON TEXAS 77002 November 20 :: Course Director :: Mark Bennett and David Ryan Stel aD ee ETL PCE e eee Ee Ee ee Te CCC UC a CUCU STL Uy ————__ WE LIKE YOU, Caer VISIT US @ Orr FOR THE LATEST NEWS & MORE eet ey fallow us on Cwikeer fccLaareiters = I NTENTS CLE Events Pom ay ; eral 4 ::AWord from our President PY by JoAnne Musick ens er 5 ee Mod 9 ::HCCLA News Round Up ec 9: Welcome New Members ces 9: Check Out HCCLATV.com Cee 10°: Declaration Reading pee 11::HCCLA Ethics : Blowing in the Wind by Robert Pelton ning Warriors 15::Lessons from Serving as a Juror by W. Troy McKinney Hee lac a 18: :Practice Pointers Reon) acy ‘A Running Q6A by Mark Bennett Nicole DeBorde, Pat McCan, 8 JoAnne Musick Ponte ny 18:: Free Legal Resources ne by Thuy Le, guest writer 20:: How to Find Clients & How They Can Find You? by Gemayel Haynes, guest writer 21: Framing the Issue by Troy McKinney, guest writer peal Fig: 22::Fear and Loathing in South Texas : 1 Dr. Hunter S. Thompson got a DWI in Texas in 2015 by Mark Thiessen & Rick Oliver 36: :HCCLA Holiday Party : Save the Date 37::Chess Corner : 7 Ways to Win (in Chess & Trial) by Tyler Flood raga: C 39: :HCCLA Extras PS Binet) Ad Rates Pee ee cee ee New Member Application Brandi DeLoach a word from our president po Aane Mhusich Tessas justice kan be beara and/ oppuessives especially when it continues co foster «win at all costs” mentality. Of late we have seen violations, DNA debacles, and unprofessional conduct. Look no further than State vs. Temple for the epitome of misconduct. Lest you think this is an anomaly of the past, more recently we have seen a proseater Kae MIA UK BALIN aboux Ke jury under his chaege and a prosecutor authoriding payments co witnesses after assuring counsel and the court that no deals or benefits were given, _ For every step forward in justice reform, we take wo steps back Now is the time for our members co rally and exere our strength in numbers. Now is the time co demand reform, Now is che time to stand up, I am continuously amazed by che efforts and Progress of our members! You are the reason HCCLA remains strong and continues to grow. ‘Thank you for standing up. Together we can achieve great results toward reform. Together we can expose the injustice and demand better. © ree Brady / ICYML Reasonable Doubt: Exposing Injustice in the System, our eekly tcleVisibn ppigram, has grown tremendously through the efforts of Thuy Le, Jimmy Ardoin, J. Julio Veli, Justin Harris, and our guests. We stream live, we provide YouTube viewing, we share clips on social media, and we have /new website: HCCLATV.com featuring our show and informative editorial blogs. The show now averages about 675 sews per week with some weeks reaching well over 1,000 views, and this doesn’t coune _ television and live screaming views that cannot be tracked. Within days of the website launch, we averaged almost 400 views. This is how we spread our message and continue to ‘expose broad injustices Appointed vouchers are now live in all criminal courts ‘Many thanks to Phil Gommels who led che process by meeting extensively with court administration and others to help desiga an easy-to-use format that accounts for how we work. A host of attomeys took part in a pilot program, completing electronic vouchers, co identify and correct bugs in the system and suggest changes. As a part of this project, HCCLA hosed an indigent defense and ‘oaline-voucher training program for over 230 attorneys, ‘The Declaration of Independence was read in Harris County and all over the state thanks to Robere Fickman. And, this tradition became the impetus for our frst reading of the Constitution on Constitution Day. ‘Thanks to Grane Scheiner, Jen Gaut, Gemayel Haynes, and Phil Gommels for organizing this event. HCCLA handed out over 100 commemorative pocket constitutions. Wich these programs and so much more, our organization remains one ofthe most active. We are here to change che system for che better. You do this every day ehrough your courtroom battles and victories. You do this every day by challenging the state ro meet its burden. Iam honored and privileged to say you make us beter. ‘Thank you all! We had a number of members on a roll this summer.. James Fletcher was on fire this summer. First, James won a MTS 13 blood draw after exposing the officer for, fudging his facts. James followed up with a NG on a.14 DWI 2nd. State failed to tum over discovery, despite a written order, and the court refused to allow the blood. results in, Joseph Ruiz had a great summer. A 30 minute NG bar fight in CCCL 2, and the State dismissed companion resisting arrest. This was followed by an in trial dismissal, fora road rage case where the cop admitted on cross there ‘was no PC for the arrest. Jani Maselli Wood won 2 appeals on the same day in CCA. The first case had to do with court costs, which begs, the question ~ when will HC start following the law? The 2nd win has changed error preservation in voir dire. This, 2nd case is required reading for trial counsel, ‘The jury hung 10-2 NG for Erik Nelson in 184th on DCS, despite the client having 5 priors. The State did the right thing and dismissed before re-trial. Bobby Williams and Cedric Muhammad got the NG in 177th on an Agg Assault, Client was having an affair with CW's wife and the incident arose at CW's house. ‘Tyler Flood is an in trial dismissal machine. In CCCL, 8, Tyler got the dismissal on no PC in a .17 blood DWI. In CCCL 11, Tyler got the dismissal after numerous inconsistencies in the testimony and warrant in a .14 blood draw. Tyler suppressed a .16 blood draw and improper HGN in CCCL 13 and, again, the State dismissed during trial. Gerald Bourque, Rob Morrow, and Holly Kuchera got, ‘capital dismissed in Washington County. Client arrested, 10 years after the home invasion, Their investigation showed client was never even in the house! Casie Gotro and Stan Schneider got relicf recommended, in a habeas proceeding on murder widely covered in the media. The court found 23 instances of prosecutorial ‘misconduct, including hiding evidence from trial counsel, Dick DeGuerin. It is now up to CCA. Shelly Davis won a MTS on POM in CCCL 14 based on ‘was wearing, the body cam the offi Katherine Scardino, Jimmy Phillips, and Loretta Muldrow succeeded in getting the capital murder case ‘against their client dismissed on remand. State hid evidence during the initial tial that tended to exculpate client of ‘murdering a police officer and a woman. After reviewing all the evidence, the State decided against retrial Brian Wice scored a published reversal in COA 1 on the invocation of Sth Amendment rights. Brian gives credit, to Steve Gonzalez and Jed Silverman for preserving ‘error at trial. David Bires and Javier Martinez ventured out to Midland and swept the State on 3 counts of indecency with a child by contact ori Botello scored a NG on assault with 3 CCCL 8. Seems client was trying to kick the in-laws out of the house and CWs objected. Lori reminded the jury a man’s home is his castle and you can’t stay where you aint wanted, Brian Burns, Joe LaBella, and Rob Stephens teamed up to hear NG 5 times in 435th on CSA, SAC, and improper photography. The jury gave client time served on sexual performance of a child and probation for sexual assault. Cory Roth and Whitney Kubick had 10 trial settings before getting their client's POM to trial in CCCL 14. But, the body cams don’t lie, MTS granted, case dismissed and client can pursue her dream of becoming a nurse. Talk about dogged! weosen @) BWI with a .15? Not a problem for Tad Nelson, who heard NG and a jury berate the State for wasting their time CCL 15. Andrew Williams got the 2 word verdict in an indecency by contact in 212th, Seems Andrew had to teach the State the law on impeachment when they objected to his cross as “hearsay”. Monique Sparks and Brennen Dunn got 2 30 mimute NG in CCL 7 on assault-fv, Monique then got a NG in CCCL 2 on UCW. lan Macias scored a NG on DWI>.15 in CCCL 14, Joe Gonyea got an agg robbery 20 year sentence reduced to time served in an out of time motion for new trial in 339th, ‘Trinidad Zamora, with an assist from Jed Silverman, got a NG on DWI .17. The client barfed on himself 3 times, but the cop could not resist fudging some facts and Trinidad caught him. ‘Vivian King scored atrial day dismissal of felony barratry ‘charges against State Rep. Ron Reynolds in Montgomery County. Michael Pham got the 2 word verdict in an aggravated assault in 338th. Being an Aryan Nation ex-con with the tattoos to prove it, and stabbing CW 5 times is a bad set of facts. HCPDO’s, inda Meador and Danny Lacayo got a NG in 183rd anyway. The team believes the ease was won in voir dire, ‘and not relying on HC Jury Charge Bank for the win. ‘Nicole DeBorde got a NG on a DWI Ist in Montgomery CCL 1, Tyler Flood followed with a NG in the same court, same week on a DWI 2nd. © wesc Celeste Blackburn proves not all wins are NG, Client was convicted of CSA and sexual assault in Montgomery County, but the jury sentence was 30 and 20 years. The State was well above that pre-trial and asked for life at punishment, Not even the presence of Bikers Against Child Abuse could keep Jed Silverman from getting a 17 minute NG in CCCL 4 for assault-fv, Seems CW likes to accuse her parents of assault and never figured Jed would the truth, ‘Whats better than a NG? A dismissal! Gerald Bourque and Holley Kuchera scored a dismissal of capital murder charges before trial in Montgomery County. Client is deaf and incarcerated for 3 years. The team kept investigating the facts and ultimately prevailed. Russell Webb got an in trial dismissal in CCCL 13 on assault-v. Seems Russell had begun to eross CW when the trial recessed for the day. CW thought better of facing any ‘more questions and declined to appear the following day. Brent Mayr got the 2 word verdict on a DWI with a horrible accident and resulting death in CCCL 11 Cynthia Henley scored a trial day dismissal of AADW after 3 years and 7 trial settings. Road rage case with no investigation and no proof client ever had a firearm. Cynthia credits the client for never giving up; client credits Cynthia for always believing in him. Justin Harris won a motion for new trial in a DWI after discovering juror misconduct post verdict. Carmen Roe won a reversal on a DWI in COA 14. An important ease on retrograde extrapolation, Carmen credits trial counsel Jeff Greco for masterfully prescrving the error, The State filed for PDR about an hour after the opinion was released. Annie Basu heard the 2 word verdict in CCCL 15 on assault-ty Federal PD Sorcha Landau gota NG in SDTX on failure to register. Client had conflicting instructions from LA. and TX on registration and the byzantine paperwork for sex offenders was found to be confusing by the court. Courtney Stamper heard NG in Waxahachie on a 16 DWI blood draw Donlee Smith got NG in an assault-V in Chambers County, Skip Cornelius and Alvin Nunnery were able to convince the State to forego death in a capital murder in 338th, Brian Wice convinced a unanimous COA 14 to reverse ‘an Intox Manslaughter. The trial court refused to admit, evidence of CW’s intoxication and denied the proper application paragraph in the jury charge. David Ryan got a dismissal of ASAC 2nd carrying a mandatory life sentence before trial in 268th, CW filed a civil lawsuit shortly after indictment in the same court and, aggressively pursued discovery in a media case involving, Craigslist. Client never gave a statement and CW never, recanted. David credits pre-trial investigation to convince the State to dismiss, Itonly took the jury 15 minutes to find Cheryl Irvin and Jay Cohen’s client NG in 176th of PCS. Jonathan Landers won a reversal in COA 1 for juvenile improperly certified as an adult on agg robbery. HCPDO’s Erie Davis and Jules Johnson leveraged a Juvenile certification error into a 5 year plea to murder during trial in 177th. Check those juvenile certifications! Holly Kuchera prevailed on a reversed and rendered, online solicitation case at CCA, after CCA held the statute ‘unconstitutional, Holly gives credit to Mark Bennett and Nick Hughes for their assistance, This is proof we must, stay current on the law and read opinions daily. Richard Canlas won a reversed and rendered in COA 9 for tampering with a government record, Seems client was, not totally accurate with residency requirements to run for, office, and MCDAO over-reacted. Hattie Shannon got a 15 minute NG in 179th for ASAC. after a 3 year battle, Hattie made some strategic decisions others might question, like letting the State offer the CAC. video, JL Carpenter won an assault-fy in CCCL 7, Parole work is often thankless, but David O’Neill and, ‘Nancy Bunin won parole for their young client convicted on agg robbery in a media case out of 400th. Client's father brought her here from Oregon and got her to help him rob banks, along with her brother. David and Nancy thank trial counsel David Ryan and the Fort Bend County Sheriff for their help, but really was their hard work. Ifyou have a .26 blood draw DWI, and it’s coming into evidence, you need Jordan Lewis, who got the 2 word, verdict in CCL 5, Mary Conn and Jerald Graber hung a jury 10-2 for NG in a capital. Mary thanks Wendell Odom, Brian Hobson, and Neal Davis for all their help. Let this be a lesson ~ all victories are team victories, Kyle Sampson and Megan Smith got NG in 208th on a murder, It was always a self-defense case but the State could not see it. The jury did. Terry Gaiser won a new punishment hearing at COA 1 Client was sentenced as a habitual, but the court agreed, with Terry the evidence was insufficient to support such, an enhancement. Paul Kendall and Cory Roth got NG on resisting arrest in 45 minutes from a jury in CCL 14, Seems client didn’t, know Twin Peaks wasn’t BYOB, and the cops at the door ccouldn’t distinguish between resisting and the assault they perpetrated on client ‘casio @) CONTINUED =: UG Trier a @Garriorg Jordan Lewis got the blood suppressed and a CCL 1s Joaquin Jimenez heard the 2 word verdict in 185th on Injury to the Elderly, despite not getting a self-defense instruction, ble to get the PCS tossed mid-tri and Sherin Daniel got the NG for an Austrian with $285,000 and 4k cocaine in his luggage at, IAH. Apparently, client was scammed into being mule. Special thanks to Jason Luong for his assistance on the ‘McKinney and Cory Roth won a MTS and DV on, a DWI in FBCCL 4, Several counties seem to think prosecutors have the right to interfere with defense attomey’s subpoenas. Whitney Kubiek put a stop to that in Chambers County by getting, the county court judge to just read the law. ‘CCL 8 allowing DRE evidence without an exam. and bad driving facts, James Fleteher heard the sweetest 2 words in the couthouse on a DWI Ist. Bre TN Owned & Operated Soe etnies »Inclusion and/or exclusion zones Cee cy ete ee Oe eure Bene eter) J Beer are » Color picture verification » Court-ordered test schedule eso »No monthly recalibration » Portable »No phone line required Call Shannon or Shaun RMU ra) OD cS Cae PCPA EZMonitoring@yahoo.com Pecans ic) WWW.HCCLATV.COM PVM Gere) olU 1 UC ao LIVE EVERY THURSDAY @ 8PM SU A Seen LAR LOM Ces CORA ae OM eee cl aa In Independence Day, JoAnne Musick led HCCLA's 6th Annual Reading ofthe Declaration on Independence on July 2. More than 100 nse lawyers, prosecutors, judges and citizens gathered outside the steps of the wurthause to hear the Declaration brought to life, We were honored to hav: two special guests join the reading this year, WWII Veterans Vicgil Poe and Joseph Varela, Si Event Founder and HCCLA Past President Robb Fickman first started this tradition in Harris County in 2010, For the past five Robb has worked to organize Readings across Texas, Thanks to his efforts, the Annual Defense Bar Readings continue to grow each year. This year, he organized Readings in front of (39 local courthouses in Texas, covering more than half of Texas! 254 counties. These events received widespread press in local newspapers, radio and television programs, depicting defense lawyers in a positive light. gether, we made the profound words af Declaration come (Photos by Bob Ro: We reminded our fellow Texans that our devotion to the preservation of our liberty defines us as a people. We reminded those in power in the courts that we stand United against tyranny, no matter where we find if,’ said Fickman, HCCLA members also held Readings across the United States: Mark Thiessen at the Waialua Courthouse in Hawaii; Tyler Flood at the Golden Gate Bridge and Yosemite Park in California; and Robb Fickman at the Fifth Circuit Court of Appeals in New Orleans, Louisiana HCCLA Past President Nicole DeBorde took the words of our Founding Fathers the farthest distance by reading the Declaration on vacation in Iceland with her family, Special thanks to all who attended and patticipated in this year's Readings. They bolize the true spirit of liberty and the individual rights defense lawyers fight to protect everyday, and Americans celebrate every 4th of July. For more photos and info, visit ww. CriminalDefenseDectarationReacings.com ROBB FICKMAN, EVENT FOUNDER AND STATEWIDE COORDINATOR, ‘ORGANIZED READINGS OF THE DECLARATION OF INDEPENDENCE IN 199 TEXAS COUNTIES Imagine this - Its mid-morning, on a weekday, you're standing outside the Criminal Courthous after finishing a hearing in Criminal Court. The weather is ordinary for Houston. The sky is clear, the humidity is high, the wind is almost non-existent, and of course, it's hot. Sirens are blaring from a distance, although in retrospect, that is nothing unusual for the sounds of Downtown, Houston, Texas and as the moming transitions into carly aftemoon, those ever so distant blaring. sirens the “tua are getting closer and closer, the sound is echoing through the buildings and courthouses almost to a point of being a deafening sound. i . X Curly ge te bane |of cee Jee nfl iia i eed you and the onlookers. With 4 look of shock, delet, and Ne many is five police cars pursuing e NK, pis uch ovo oe, a tire that had already blown out According to reports the driver of the pickup truck allegedly rammed police cruisers and vchicles belonging to innocent bystanders. The police finally apprehended the suspects at Berry Road and Airline Drive according to the news report. cose Gi) HCCLA ETHICS CONTINUED :: As I continued to watch the “Breaking News" that aftemoon and evening, it was filled with not only this story, but ‘many other stories revolving around crimes that had been committed throughout the city, county, and other parts of the country. To be honest, the stories were enough to dissipate my morale, I pose the question, where's the answer to the aforementioned chaos? ‘That evening, (the day of the police pursuit) I entered my. office ‘and the first thing that jumped out at me was my. diploma from law school. It says, “Attomey and Counselor At Law” Often times through the chaotic stress the clients, and the very nature of this job creates, I believe we overlook, the “Counselor” part which results in not going that extra, step or mile or in some cases, miles to get your client into rehab, or return those frantic “End of the World” phone. calls, or simply put as Cool Hand Luke says, “A FAILURE, TO COMMUNICATE” which often leads to a grievance. Nobody is above having a grievance filed against them, Several judges, prosecutors, and defense attomeys across the State of Texas have at one time or another been accused. of some sort of ethical violation involving inadequate ‘communication, While sitting in a bar bragging about your new Mercedes Benz is great, don’t let your alligator mouth, overload your hummingbird ass. Do tot be ashamed to get your clients help or if no ‘opposition is held, get them to church, More often than not, people need positive reinforcement, You have a license to practice law and to some degree counsel individuals with options that will be most beneficial to them in an unfavorable situation. This isn’t a license to lie, cheat, steal, or deceive the individual who has had the misfortune of being arrested and charged with a crime as they are aimlessly webbed into the criminal justice system. @ wens Wind by Robert Potton ‘Winning is great, however it isn’t everything. Those that, send innocent people to prison to be locked away like wild animals are beyond despicable and in some quarters would, be called to be taken to the nearest hanging tree ‘There's no denying, time like most things has changed things, and law has been no exception to that rule, With change comes uncharted territory which leads to pressure ‘The pressure of the unknown and the unsureness of ‘circumstances can in some instances lead to being unethical, whether that be described as above, or in advertising because someone is seeking that next case ‘The Executive Director of the Harris County Crinfinal Lawyers Association, Christina Appelt and [have discussed the wild advertising done by lawyers. A week out of law school, some lawyers are spending thousands of dollars ‘on websites and paying top dollar to be listed at the top of the search engines while bragging about their many awards received along with their ratings. The very idea of this is repulsive to not only me, but to the many lawyers 1 personally know who have gone to court and fought to protect the rights oftheir clients without fan-fare or seeking ‘lory or a higher rating on some phony ad program. Mary Flood, a brilliant lawyer who helps lawyers in their advertising efforts, has informed me most of the ads are not approved by the State Bar of Texas as required by the ethical rules, Our organization is composed of many great lawyers. Some are low profile while others are high profile, and some do not seck recognition while others jump in front of the ‘camera at every opportunity that presents itself In closing, I leave you with this final thought, whether you are low profile, high profile, camera shy, or prefer a camera, ‘the bottom line is some lawyers are losing sight of what our responsibilities are, and that is effective counseling through HCCLA ETHICS d effective communication. Will we ever find an answer to these questions, or will they just be “Blowing in the Wind?” Do you feel like your life is Blowing in the Wind? Are your clients’ lives Blowing in the Wind? Get help for your clients through the many programs that are available, If you need help, call the Texas Lawyers Assistance Program. Bob Dylan sings a song that is below. A No one has all the answers. ‘Seek help when needed. The answer is Blowing in the Wind. The HCCLA hotline number is 713-518-1738, Our committee members are Jack Zimmerman, Greg Velasquez, Don Davidson, Robyn Harlin, Joe Pelton, David Sheppard, Ray Fuchs, Michael Mowla, Joe Connors, Keith Hampton, Jimmy Ardoin, Larry McDougal, and. Brent Mayr. They will try to find some answers blowing in the wind that may help you. caso (@) Family owned and operated since 1971 Bilingual staff with over 100 years of experience License # 74346 *% We advocate a paid in full attorney is a defendant's best defense “+ Non-Arrest Bonds - we accompany your client to the jail or from the courtroom 609 Houston Avenue 713.227.3400 Houston, Texas 77007 burnsbailbonds@yahoo.com Z Interlock An Automobile Ignition Interlock Provider YS John Burns David Girard 609 Houston Avenue 713.223.4424 Houston, Texas 77007 ezinterlock@yahoo.com In early 2013, 1 was fortunate to have an opportunity that ‘few criminal defense lawyers ever experience, especially later in their careers. I served on a felony jury. Much like my hole-in-one a few years ago, it was an event I had long since given up hope of ever experiencing. Many of the lessons ceaed as a juror are worth sharing with lawyers... Most of the lessons are ones that many of us know, but are worth repeating, remembering, and using al trial This was a state jail felony child endangerment case in which the State alleged that the Defendant negligently placed three children (ages one, two, and four) in imminent risk of death or bodily injury by the placement of two space heaters and an old car battery, which they alleged could have caused a fire, electrocution, or poisoning. The evidence showed that there was an old car battery with a dried up acid leak on the front concrete step to the trailer, that there was a newish looking space heater too close to trash on the floor and a couch, which the officer said was hot to the touch, and that there was an older looking space heater on a baby potty ot stool in bathroom where the toilet had overflowed and dirty clothes hhad been used to wipe up the water, The Defendant, the mother of two of the children, was not present in the trailer when it was raided, but had been there a few hours earlier. lessons from eserving as a * UrOr BY W. TROY MCKINNEY The father of all three children was in the trailer and the children were in the living room watching television. The overall condition of the trailer was disgusting ~ there were scores of dirty diapers on the floor, the entire place was filled with trash, and it was apparent that the filth had been there for quite some time, despite the mother’s claim in a post arrest video statement that she had cleaned it two days earlier, The trailer was raided because the father had just taken a controlled delivery of a package from California that contained marijuana. More witnesses and time were laken in the two and one-half hours of testimony to explain the discovery of the package in the mail and the controlled delivery than was taken to explain the charged offense. First, and most obviously, a lawyer should always read the information provided in juror information forms, Had the prosecutor done so in this case, it is doubtful I would have served on this jury. Since we almost always want to identify the jurors that might be adverse to our side or theory of the ‘case, we ought to at least read the information we have been given. Some things are so basic that we should never fail to do them, micosome (@ CONTINUED lessons from serving as a J uror Second, we should almost always ask potential jurors the final loaded question: is there anything you kiow about yourself, your situation, or your feclings that you or any reasonable person would believe we would want to know in deciding whether you an appropriate juror for this case? Had T been asked this question by the prosecutor, I would have volunteered my status as a criminal defense lawyer, Not being asked imposed no obligation on me to orally volunteer more detail about my status as a lawyer that had already been disclosed in writing. Not mentioning it when asked, however, would have been tantamount to answering falsely. OF course, the one exception to this advice is a situation ‘where you know something about someone on the panel that the prosecutor seems not to have discovered, But, be careful: ‘what appears to be a lack of discovery may just be a decision not to let the adverse juror ruin the prosecutor's voir dire. Third, you must at least begin to scll your theory of the case during voir dire, This is the first, and some say most. important, opportunity to persuade those who will decide the case that you have a real reason to be trying the case. Failing to do so results in the jury not having any frame of reference against which to view the evidence that will be forthcoming, Time limits will always influence how much of this can be done, but some effort at beginning to frame and persuade is, critical if you want a better chance to prevail at trial Fourth, if you do not voir dire on reasonable doubt and give it meaning and context, the jury will not have any frame of reference for it when they deliberate. In this case, no juror, other than me, ever uttered the words “reasonable doubt” during deliberations — it was foreign to them because they ‘had not heard it during voir dire and had not been taught how it would relate to the issues in the case. Fifth, a potential juror who cannot say, is timid about saying, or who chokes on the words “not guilty” during voir dire js unlikely to say the magic words in the jury room. The defense lawyer should structure the voir dire so that every pperson who may serve on the jury has to say the words “not guilty” not less than twice, and preferably three or more times, during voir dire. You will be amazed at what you learn. As a corollary, beware of those who have prior criminal jury service. They have most likely already been content with finding someone guilty. The juror in our case who had been fon two prior juries and a grand jury was the target of the group’s selection of a foreman, It did not help the defense @® wesc Sixth, if you do not talk to a potential juror during voir dire, you learn nothing and may likely end up with a juror who is adverse to you even though you do not know it. This jury was full of them, When it comes time to exercise peremptory strikes, you may strike a juror who has said something over ‘one who as not spoken just because you know nothing about the one who did not talk. Just like we cannot make competent strategic choices at tial without a full pretrial legal and factual investigation, we cannot make intelligent use of peremptory challenges without similar investigation during voir dire, If we know nothing about a juror, itis our fault and we have not done our job effectively, ‘Seventh, if you are in a jurisdiction that permits the prosecutor to make a plea for law enforcement at guilt (to send a message to the Defendant or others with a guilty verdict), you must preempt this during voir dire. The easiest way to do so is to say something like, “Some people say that a jury should find someone gully to send a message to the Defendant and others say that a jury should only find someone guilty if the State proves all cloments of the offense beyond and tothe exclusion of al reasonable doubts. Who thinks i is ever appropriate to find someone guilty to send a message? (I have never had a single hand go up, bu any that did would not be on my jury) Who thinks itis only proper to find someone guilty ifthe State proves all elements of the offense beyond and to the exclusion of all reasonable doubts? (I have always had every hand go up). The side benefit from this very short and quick voir die is that I have never had a prosecutor thereafter make a plea for law enforcement argument after seeing all jurors reject it during voir die Eighth, opening statement is a time to further the framing of the case that should have begun in voir dire ~ a way that continues to persuade, Itis not, contrary to popular belief, a time to merely recite facts, much less to repeat the bad facts already presented by the prosecutor. ‘Ninth, if your judge is going to read the jury instructions, ask the judge to give each juror a written copy to read along with, Even though I am very familiar with Texas jury instructions, I found it very difficult to stay constantly focused during the monotonous reading of it, If I got lost on occasion, 1 guarantee that my fellow jurors were totally lost. There is no way that a juror will listen to, process, and grasp all of the nuances in a charge that is merely read, If we want them to pay attention and have some chance at comprehending it, we ‘ought to at least give them a written copy to read while itis being read to them, ‘Tenth, if you want your jurors to ever look at the jury charge in the jury room, you had better make sure that there is more than ‘one copy. Six or twelve people cannot read the same document at the same time and one person in the jury room reading it to others, and often out of context, does no more good than it did ‘when the judge read it. Of the 12 people on my jury, only four ‘ever read any part ofthe jury charge in the jury room, despite the significant details of it being talked about by everyone in many different, and often incorrect, ways. Eleventh, if you do not want the jury to dislike your client, you had better do something to humanize him or her. This should go without saying, but it often happens that all the jury knows about a defendant is what the State and officers tell the jury. ‘This jury was, from the outset, a runaway train to conviction because most did not like the defendant. They had no reason to know or like her, or to excuse the ambiguous conduct, because it was never put in a context that made her Took like a vietim rather than a bad actor. ‘Twelfth, jurors will do things the charge and instructions say not to do, On three occasions, various members of this jury tried to convince others that they should go ahead and find her guilty because we would not be required to send her to prison. ‘No one other than me, after waiting until no one else stopped the argument, was aware (the instructions notwithstanding) that it was improper, We need to make sure juries know that labeling someone a criminal is a punishment and a decision that ought to be taken at least as seriously at what statutory punishment might later be imposed, Thirteenth, jurors wil use their own life experiences to frame the arguments in the jury room. This may bite us badly if we have not given them alternative frameworks during voir dire or closing arguments. If there is a “parade of horrors” (bad ‘consequences in a broader framework) to finding guilt in this case, we ought to be arguing it. We can frame it as, “Finding ‘guilt in this case would also subject everyone who does X, Y, and Z to also being guilty of a felony.” X, Y, and Z need to be something that most, ifnot all, jurors would find to be an unacceptable basis from which to find criminal culpability. It may restrain some jurors from framing the case in a way that hurts us. At the very least, it wll give those who may be inclined to take our side some ammunition to respond to the ‘way adverse jurors may frame it The most difficult question I was asked by fellow jurors during voir dire was “What would persuade you to change your mind?” It was a thought provoking and loaded question. Ultimately, I responded, “Nothing, because the problem is not with your arguments, but with the lack of evidence and we have heard all we are going to hear.” We need to give jurors who may be favorable to us such ways to defend their own conclusions, Finally, the temptation to change one’s vote to go along with the overwhelming majority is powerful, Though I knew better, I considered it. I mean I really considered it Ultimately, my head won out over the pressure, which was substantial, We need to seriously address this in voir dire and empower people to stick to their belief§. Of course, the guilty juror who exclaimed within the first 30 minutes of deliberations that she would rather they have to retry the case than ever vote not guilty made it certain that this jury would never acquit. The movie, Twelve Angry Men, is an excellent example of the pressure that can exist in a jury room. You ced to always look for and hope to have a Henry Fonda on your jury, In this case, we ultimately hung at 12-2 for conviction. I ‘was, proudly, one of the two in the minority, but am just as convinced now as I was then that the State had not proved beyond a reasonable doubt that the danger ~ as specifically pled (and not from the general living conditions in the trailer) ~ of death or injury to the children was imminent, The take away from this is that if you want the jury to focus on the ‘core issue that might get you an acquittal or a hung jury rather than a guilty verdict, you should also focus on the core issue throughout the trial. No other juror seriously cared or gave ‘meaning to the requirement that the danger be imminent; they only wanted to conviet because of their general disgust for the living conditions and the Defendant. 1 also have no doubt that if I had cratered, the one remaining not guilty vote would likely have cratered as well, Fortunately, by the time we began hearing evidence, three days after we were selected, the judge and all parties had figured out who I was, This resulted in the judge not making the effort to give us a dynamite charge, which was a good thing since the entire jury room bristled in anger (at the judge) when after the first, "we are deadlocked” note, the judge simply told us to “continue to deliberate.” It was a reaction I had not expected, but one we ‘ought to keep in mind when we get similar deadlocked notes. Following the trial, I asked the prosecutor why the case had not pled and was told, “because I believe anyone who has their kids taken away ought to have a felony conviction.” I was astounded by the answer. You can draw your own conclusions, One final note: months later I was told that after the kids” father pled to the marijuana charges, the State dismissed the child endangerment charges against the mother ‘who had been on trial, From my perspective, this vindicated my not guilty vote, ‘Our life experiences, including jury service, can contribute mightily to how we try cases anid should make us all better trial lawyers. Thope some of the lessons from my experience helps others to be better trial lawyers. caso @) EVERNOTE @ wens The Oyez Project has teamed up with the Chicago-Kent College of Law to create this app te help you understand the Supreme Court and its rulings. This app has the most recent Supreme Court rulings and visually organizes it in a way that's easy to understand, Pictures of the justices who voted for or against a case, who wrote the majority and minority ‘opinions, and who joined whom in the opinions are laid out graphically so it's easy to follow. There's also the transcript and the briefs available for the cases. But the best feature is the audio of the oral arguments for the cases. The audio can be downloaded or streamed tnd is laid out Twitter-like with the Justices’ and attorneys’ pictures next fo the transcript of the argument. The app also tells you what cases are pending before SCOTUS and the constitutional arguments made the parties. The search bar allows you to quickly pull up Supreme Court cases based on topic. This is useful if you can't remember, but want to find the case, that dealt with whether one has an expectation of privacy In a phone booth. I've ‘wasted hours reading and listening to the audio of the arguments on the most recent major Supreme Court rulings. Overall, one of the best apps in helping you understand and learn about the Supreme Court This eward-winning app allows you to capture recordings, notes, and website links and organizes everything into @ searchable database. This is perfect for when you're doing research and want to keep everything organized. Evernote at its most basic allows you to write down notes and reminders and then lets you later pull it up in a searchable database. However, some of the most useful features of Evernote is the email forwarding, the photo capture, and the geocache function. Email forwarding allows you to forward your emails, from one of your server accounts to Evernote to keep it organized, For example, your client Keanu Reeves is sending you emails asking about his court date for his aggravated assault charge. Instead of keeping track of the emails in your email server, you can forward it to Evernote and it'll organize all your emails, documents, invoices, and John Wick pictures into a searchable Keanu Reeves file. The photo capture feature allows you to turn pictures into documents and converts business cards into @ format that you can later search. The geocache function allows you to pull up notes based on where you created the note. Can't remember which file or memo you were working on in Austin? Pull up the geocache location function on Evernote and itll pull up all the notes created in Austin. Evernote will also let you dictate your notes for these who can't or don't like to type. Evernote is perfect in keeping everything organized by keywords, dates, or location. Best of all, you can still ‘access your notes, emails, and files when offline. A Running Q&A with Mark Bennett, Nicole DeBordey Pat McCann, & JoAnne Musick oe DROPBOX ‘One of the easiest ways to access your clients file in court is not to carry around a folder but to have it uploaded to Dropbox. With Dropbox, you can upload pictures, audio files, and documents tand access them anywhere in the wor remind the prosecutor that your client's 911 call is completely different than what is written in the offense report? You can lnk the file to an email to the prosecutor for them to listen or you can pull up the relevant portion on your tablet and show them in court. Dropbox allows you to link large files ‘and email the link. This is perfect for files that are to0 large to attach to an email. If you want added security, | suggest using an encryption service for your files before upload. eRe eee Ucar into a courtroom with confidence knowing that they have the facts of their client's case and the law at their fingertips. Following are the top FREE apps that are available for both RSC CRO co Cue aac Cue) CO Re OC COO ee Peoria eer ean LAWSTACK None eion This free reference allows you to access the US. Constitution, the Federal Rules of Procedure and Evidence, the Texas Penal Code, the Texas Code of Criminal Procedure and about a hundred other codes, statutes, and documents statewide cand federally. This database is searchable and is most helpful when you can't quite remember the specific sections of the code. Went to know how the issue of self defense is raised? You can type in "self defense” inthe search bar and it will pull up all the sections in the Texas penal code, Texas code of criminal procedure and any other database you specify to search for those teams. This has been @ quick way for me to look up the law without having te carry around a codebook or read one of the outdated prosecutor's codebook left in the courtroom CASEMAKER im it FASTCASE These are two different free ‘apps that pulls up. caselaw. Casemaker is available for fr for Texas attorneys. Fastcase uses a boolean search field to pull up caselaw by search criteria. Does the judge during rial want caselaw about whether an officer can enter a home where he receives a noise complaint? Enter those search terms into the search bar and it'll pull up the cases most relevant to the search terms, You can also sort the results by most relevant or date or even specific courts. I've used it to find specific rulings by certain judges to see how likely they would rule on a certain issue, Fastease will highlight the search terms so you can scan to see if the case is relevant. Of course the more specific the search terms, the better the results. coco @ how to find client riter Gemayel Haynes ere oe Penta ew ener rer ae or rare matter if you just got your law license See ee eon ee oy reenenetaerrel one The best place to start looking for clients eT eee oe ar hacer eer ni eeecees eC eee es ie ae ee ere emer a oe Auer ee ees hobbies, socal interests or religious beliefs oe er mere we ed community events and meet people. Every pee pet peri serar Paes ee pre ean Yleld tangible clients immediately, @ helps You grow roots Inthe community. Younger lawyers should get to know seosoned lawyers and, more importantly, lt Seasoned lawyers get to know their work ee eee Pe ee ee Peat Soe eee nar Dd eee i hae A eo pene than one lawyer If seasoned lawyers know Ser ee ar ey Lee Dee eae eter aces ee Ce et eee erences Sedat tat osaliced ee eee pene ent dace Mee acc RsCd Se ee Pe eee ee a ee pear Paes pestered smear kn Pen econ ree ee Se er a Ents a ec ae a een artery nearer eer a es practices off the ground Cen eer coc se eae & how they can find you? eres Aer shone gions paper ete ea domain for your website for less than $20, Free webste builders are easy to find with eer eee Screen Pennant ors ee eee prominently displayed on the home pege. Se ee eae Pee athe ert ee eres ranma Peed raked ened en oy ee or ree ard Pee cece en ee eet eee website Peaing about current events, recent oar eke ray eae er pega neOCCnS Pace a oneness There is no secret or golden path to geting Cee ey Sa ea eee ee Lan eed ‘A Running Q&A with Mark Bennett, Nicole DeBordey Pat McCann, & JoAnne Musick Framing the Issue by guest writer Troy McKinney In this context, itis the State and its ease that is on tral. It is not the defendant or his case that ison trial. Its the State that is making claims against a presumptively innocent person. It is their burden and duty to prove those claims beyond and to the exclusion ofall reasonable doubt, ifthey can It is why it isthe State and its ease that ison tril. Ifwe desire and expect jurors to judge any case properly, we have to frame the focus ofthe case on the State and away from the defendant. Reasonable doubt is much easier to find when one changes ‘one's perspective about who and what ison tril as How issues are framed is one of the most important aspects of trial and persuasion, With that in mind, ask yourself, "Who is on tral ina criminal ease?" Ifyou think or say the defendant, then you need to reframe your thoughts and need to also reframe it Tor potential jurors, the prosecutors, and the judges, all of whor also default to the defendant being the party on trial We ought to abandon the idea that itis the Defendant who is on tial. It is not. The defendant, as she sits in the courtroom, is innocent, Contrary to popular belie, jurors should not be starting the tial with the idea that both sides are equal, Both sides ddo not start the tril in equal positions Because the defendant is presumptively innocent, to be fair and follow the law, jurors must lean towards and be biased in favor of the defendant. I they cannot of will not do 0, they are not qualified to sit as jurors because anything other than an abiding willingness to do so means that they have already, to some extent, rejected the presumption of innocence. bigs i) E Aaa Pas (a\\Ncas ‘The sweet acrid smell of a freshly lit cigarette danced inside his nostrils, seeping into his unconscious brain, waking him. His eyelids twitched and tremored, but didn’t ‘open. It was an auto somatic response; like a mother drawn to her crying babe, Not something sought out. It was more a keening, allure; an impulse impossible to ignore. Fucking vices. Fucking lovely reliable vices. Every fiber of his being longed for that cigarette. “Cigarette,” he tried, feebly; his voice sounding like jagged shards of glass across an old middle school blackboard. More eye tremors. Then, suddenly, his right eye snapped open like an old fashioned roller shade. Where the hell am I? A single bloodshot eye probed left and right, up and down. Then the pain came. It started slowly near his bladder, rising like the plume of an atomic bomb, laying waste to everything in its path. This is what that old bastard Churchill meant when he described ‘total war.’ It traversed his hips and attacked his reluctantly defiant liver and kidney in a pincer move. When the pain breached his cranium he anticipated Nirvana. Instead, his left eye opened and he rubbed them both, hard, removing the sleepy crust that effectively shaded him from the reality that it was 3pm in Marfa, Texas. Marfa? He sat up and immediately felt the hunger beneath the pain. His empty stomach grumbled. Strike that. His naked stomach grumbled. Definitely not the Owl Farm. He was naked and in a strange bed; not uncommon. Still, he liked the lumpy and rickety racket box masquerading as a Queen-size bed almost as much as he liked that bastard, Nixon. “Good morning, Sunshine.” She was at the window. Her back was against the window frame, left leg dangling. With her right leg bent ninety degrees and wedged atop that old 1920’s sill, she looked to him like a beautiful stone nymph guarding a flying buttress. Her skin glistened and she blew a stream of smoke out the window, breathing life into repose. “I'm hungry,” she said, ‘Sunlight reflected off her long and untamed blonde hair as she stared out the window, bored. He knew then, he didn’t matter to her. He looked around, trying to piece it together. Is this a brothel? Do I owe her money? Who the hell is she? ‘Thought and confusion jumbled together and disappeared into the misty fugue blanketing his preprandial brain. He stood slowly; uncertainly. His legs and ankles popped and creaked as his body assumed his weight. Damned hip. His knees ached. The soreness in his low ‘back was a painful reminder of the Love Boat’s much earlier departure. Maybe not as good as I once was, but hopefully still as good once as I ever was. He threw his arms back wide, let out a raspy growl, and. staggered on pin-pricks to the bathroom, Too tired to stand, he sat on the toilet, holding his forehead in his hands, trying, to piece together the night. What the hell happened? He remembered the Aurora Borealis. He had been in a lawn chair atop a Winnebago. Head thrown back and watching the Marfa lights with a baseball glove over his, face. Watching the sinuous greens and blues and reds pass, through the basket of the mitt like gossamer wisps. He could feel the lacing in the bridge of the mitt and the tiny knots that secured the webbing digging into his forehead. He could smell the oil and beneath it, old leather. There she is. He remembered. She had been dancing and twirling on top ofthe Winnebago, her head ensconced in a blonde corona, smiling and laughing at the night sky, He remembered the joint now, too. Was it laced? On his own breath he thought he could discern the unmistakably metal taste of opium, Or, maybe spinal fluid. Hopefully, opium. It definitely ‘wasn't the plain Mary Jane, Marijuana was legal in Aspen, for Chrissakes. And it didn’t do this. This was a new and strange trip ‘And then she was on top of him, side saddle. The roof of the Winnebago made an uncertain sound, They both smiled. She whispered, “Let's go to bed, Doc.” He went; still uncertain who she was, what powers she possessed, ‘or whether she had spiked the hell out of the punch, so to, speak. A groupie or strange love, Bither way, he went, ‘And here he was, wherever he was. He smelled his arm pits. Clearly, she made him work for it. And, she hadn’t left. He smiled crookedly, to himself. He reached farther into the past. Where was I before the Winnebago and the blonde and the bud? It occurred to him he was still on the can. He smiled again. David the Thinker meets David the Stinker. @ wens FEAR ARD LOATHENO ER STH TEXAS IF DR. HUNTER S. THOMPSON GOT A DWI IN TEXAS IN 2015 Suddenly, there it was: I’m here for a story. Fear and Loathing in South Texas. ‘Two days had passed since he'd last checked in with the magazine, Hopefully not another Rumble in the Jungle According to the rumble in his belly, it had been two days since he'd done a lot of things. It seemed the drugs ‘were finally wearing off. The psychoactive effects, anyway. Through prior dealings with both law enforcers, and breakers, he'd leamed a few things to help him self-diagnose after self-administering. He'd leamed a bit about the half-lives of drugs. The half-life of any drug refers to the span of time during which one can expect to be im its throes, Talk about fun facts, For example, he had Jeamed that the half-life of marijuana was inestimable; it depended largely upon the dosage and personal use history, along with some other variables.' Drugs like cocaine were ‘more predictable, at least in terms of how long the high ‘might endure: 0.8 +/- 0.2 hours.’ Opium’s window was 6 to, 25 minutes,* while mind-benders like acid/LSD were 2.5 to 4 hours:! methamphetamine or amphetamines were around 12 hours Alcohol usually lasted no more than a half hour.’ He liked that he knew that, It was like an intellectual, escalation matrix for drug-enjoyers. He remembered landing at the airport in San Antonio. Fortuitous for all parties involved, the magazine had provided the convertible he'd demanded: a red Oldsmobile sedan with white leather seats. He frowned. Where the hell is my attorney? Oscar Acosta, Esquire, had been with him since the beginning and was an absolute necessity on any trip where things were bound to get weird, As one who eschewed pretense, he hadn’t called the man by his Christian name, ‘maybe ever. Affectionately, he called him Gonzo. Whether it was his bewitching style in the courtroom or their shared conoclasm that gamered the sobriquet was irrelevant, ‘anymore. He was the only man who could get him out of any pinch. Beautifies and honorariums aside, Gonzo was also the only other man he knew whose tastes matched his own debauched opprobrium. “That fat bastard must be face down in a ditch or woman, by now,” he grumbled. “Worst attorney, ever.” Gonzo was more than his oldest and most lecherous friend. He was his only friend. Finally, he got off the toilet, remembering the goat. And not, just any goat. This goat was the Mayor; not euphemistically, either. He had come to Texas and discovered the Mayor of Lajitas was a goat named George. It’s almost too fantastic to believe! ‘He smiled, remembering the six-pack he'd bought from the local Lajitas grocer. He hadn't picked the grocer for his, ‘groceries, He was the only grocery game in town. The only store at all, in fact. The town of Lajitas boasted a population of three, and its Mayor was a goat, He remembered smoking a cigarette as he fed the Mayor a bottle of Shiner through the fence, God bless Texas. “The good Doctor returns,” she said as he padded in and, sat on the side of the bed opposite her. He looked askance, ‘glimpsing bare back as she slid into her skinny jeans. He thought of the trip to Ojinaga, Mexico, before the girl ‘The top was down and Gonzo was up-front, rolling joints, and drinking whiskey from the bottle. The Texas/Mexico border marked the mid-point of their aftemoon sojourn, There, they left the convertible and made a river crossing. Donkeys were tied to the brush; their leads disappearing, into nappy thickets. Beyond them, a small wooden crate raft, ‘was beached ashore, For $5 the local proprietors let them ‘mount their asses to ford the shallow river into Mexico. ‘On the dry side, it was another ten long minutes struggling to steer the mighty beasts before they reached the small town center. He frowned, trying to remember how that place was supposed to have fit into his story. Now I remember! Drugs. Lots and lots of drugs. The town sat at the center of a bustling Intemational drug trade. The low river made it easy. It beckoned. They came. Ojinaga was to the drug ‘rade what Mecca was to Muslims. It beckoned, Gonzo and. the Doctor came. ‘He remembered the Pharmacia and the stooped and leathery “doctor” who asked quite simply, “Que Quiere?” He remembered the giddy rush of his response. Word spread quickly throughout the small town that two Gringos were buying a large quantity of drugs. Gonzo preferred the un-prescribed medicinals-for-the-soul, while the Doctor shopped the pharmaceuticals, They each, bought decorative Aztec leather pouches to conceal and ‘carry their score, Gonzo bought cocaine, weed, mescaline buttons’, a sheet of blotter acid/LSD', mushrooms’, ecstasy/MDMA®, and some tree bark the locals called DMT! The Doctor packed his bag with Adderall, ‘ephedrine, and a gluttonous portion of topical cocaine.” Christmas in Mexico! They found a local bar and were belly-up, planning the chronology of their drug discourse, They each ordered 1 beer with a tequila chaser. As a precaution, the Doctor popped an Adderall and splashed it with his chaser. He thought about the long drive back to Marfa. Through a combination of experimentation, trial, and. error, the Doctor had come to realize the most basic driving skills are not adversely affected by amphetamine dosages that were within the normal clinical range ‘That last scientific-sounding bit he'd scrounged off a Ketamine-addled former doctor who bummed a cigarette from him in Aspen, years back. In fact, he'd learned that where alcohol had been shown to have caused some driving impairment, the effects of amphetamine use actually enhanced driving ability's. He also knew that although there is some evidence amphetamines can result, in overconfidence or inereased risk acceptance, the effects, reported had been neither so strong nor so consistent as to, justify much of any apparent concern’ Gidalyup. Obviously, the Doctor was also aware that known amphetamine abusers have been found to be involved in, 2 disproportionate number of highway accidents", but, hhe wasn't abusing it, He just wanted one pill to keep him, awake and to counteract the depressant effects of the booze. Two beers and a shot over the course of a couple hours was not illegal. Stil, to be safe, he ordered and had, a chicken quesadilla Gonzo opted for more bohemian fare. It was like a drug Club Sandwich: one mescaline button, one mushroom, and one ecstasy tablet all washed down with tequila. For good measure, he tore off tab of acid and let it melt on his tongue. Gonzo's idea of temperance didn’t translate to fewer drugs. Instead, he concentrated only on the root of the word, interpreting it to mean more drugs but with good hhumor. The Doctor looked at his watch Ten minutes before that acid kicks in @ wesc FEAR ARD LOATHENO ER STH TEXAS IF DR. HUNTER S. THOMPSON GOT A DWI IN TEXAS IN 2015 They settled up and took their booty in search of their asses, Gonzo bately made it to the car. As he stretched across the length of back seat the sky began to move and change color. Groovy. Doc knew Gonzo wasn’t in any shape to drive. Psychedelies and driving were a poor mix, and definitely illegal." Gonzo was a gamer. But, even his ‘mental and physical faculties had taken a backseat to the drugs. Doc fired the convertible and slammed the gearshift to drive. With a roar of the engine they were back on the road, leaving that small litle drug den in a cloud of colitas. ‘On the road, Doc's Adderall kicked in, staunching the depressant nature of the alcohol. He felt alert and back to normal. No loss of faculty, mental, physical, or otherwise. Ifanything, he was more alert than normal; Very aware of his surroundings. ‘As the blacktop unfurled ahead of him, Doc thought about, the Adderall. He lapsed into a kind of pharmacological dogmatic trance: Adderall is a member of the amphetamine family which is classified, pharmacologically, as sympathomimetic amines."” Amphetamines are a powerful stimulant whose effects include general activation, appetite depression and euphoria when taken in sufficient dosage.” The recognized medical uses for amphetamines are largely for treating and controlling narcolepsy, childhood hhyperkinesis (ADD/ADHD) and short-term appetite control Despite its common uses, in Doc's experience most cops still responded to its utterance as though it were the kind ‘of substance concocted in cinder block rooms over an aluminum-foil-covered metal spoon using a blow torch. Hell, even Doctor A.W. Jones knew that “[o conviet a person for driving under the influence of a prescription ‘drug, the prosecution hafd] to prove the driver was impaited by the drugs or that the concentration in blood was higher than expected for normal therapeutic use, implying that the pperson had taken an overdose or was abusing the medication, in question.” He shook his head, snapping out of it. Fucking nare. He tried to focus on Marfa and the task at hand, But, as Gonzo giggled and laughed and shouted down the heavens, from the back seat, Doc’s mind began to wander. He thought about Terlingua. Need to up my ADD dosage. In Terlingua there lay @ gem. A bar, hidden from most of the rest of the world. News of the place had reached Doc over, the years in the form of whisper and legend. They could be there by nightfall. He looked in the rearview. Joyful tears, ran down Gonzo’s cheeks as he traced the clouds with a finger, softly muttering the Iyrics to a Grateful Dead song. ‘They could land in Marfa, Terlingua, or on Mars, and it wouldn't make any difference to Gonzo. Doc adjusted his, ‘course, heading north on Highway 118. Viva Terlingua! In less than an hour he found himself on the threshold of legend. La Kiva was everything he'd heard about and, ‘more. Gonzo’s tears had dried and he was in the backseat, with a fly swatter raving about the pernicious bats in the bat country. Odd. Best to leave him behind. The misshapen wood door ereaked as Doc passed over, the threshold, almost hitting his head on one of many stalactites that descended from the ceiling like wicked and. pointing fingers. La Kiva was a semi-subterranean cave bar. Rock formations and the skulls of dead animals served as decoration. He approached a bar that looked to have been assembled with varnished driftwood. The owner, Glenn Felts, wiped his hands on a bar towel and took his, order: a can of Pearl and a shot of Jack. Glenn delivered the libations and leaned against the bar proudly regaling oe with its long and whispeted history. Laughter behind him, Doc tuned as a man entered, shaking his head with a smile, He jutted a thumb over his shoulder, “Some crazy man running nekked around the parking lot.”* Doc stood. “Time to go,” he said. He shook hands with Glenn and promised not to share the secrets of his hideout with the world, Doc took stock of hhimself: two drinks in an hour; still not over the legal limit for this 170-pound male, He left to gather Gonzo for their trip back to Marfa, “Inced lunch, baby.” ‘Terlingua disappeared and he was back in Marfa in a room with a woman he’d known Biblically, if not yet formally. She was dressed and standing in front of the mirror, twisting hher hair into @ ponytail, Doc pulled on his shorts and peered out the window, squinting against the sun. Moving better now, he reached forhis bucket hat and a pair of yellow shooting aviators. He buttoned his aloha shirt and grabbed his keys and wallet, ‘They were out the door in less than two minutes. He still hhadn’t asked the gir her name. ‘His car was just as he had left it The decorative pouch was, still there on the floorboard behind the driver's seat. George ‘and Lajitas could learn a thing or two about dissuading the looters from the good folks in Marfa. As he started the car the wondered whether he ought to be driving, He felt fine, bbut the gaps in his memory left him wondering whether it, ‘was all @ hallucinogenic illusion. Though the drugs were still technically in his system, he knew they were no longer psychoactive. Last night’s joint had been real, but its high had long since gone. Based on his chronic use history Doc ‘knew traces of the marijuana could linger in his blood and urine for up to five weeks.* It was strangely comforting. Doc wondered whether the joint had been laced: opium, LSD, embalming fluid, or PCP? The possibilities were endless. He knew people could soak a joint in just about anything to enhance its high. It was the intersection of ingenuity and degeneracy, He glanced at his passenger, curious ‘caso @) Doesn't matter, he decided. The effects of anything he'd smoked ot ingested last night had worn off. Mentally and, physically, he felt normal. He put the car in gear and headed, for the highway. Approaching the crosstoad at 67 and 90, he saw a State Trooper in his prowl car on the right in the parking lot of a Stripes When the Trooper pulled out of the parking lot and made his none-too-subtle approach, Doc's stomach dropped. He hadn't been speeding. It was the first thing he'd checked upon seeing the unit. The Trooper lit him up with rotating blues and reds and gave a short pop of the siren. Dutifully, Doc signaled a lane-change and pulled off the road into the parking lot of the Food Shark. FEAR ARD LOATHENO ER STH TEXAS IF DR. HUNTER S. THOMPSON GOT A DWI IN TEXAS IN 2015 ‘As Doc was putting the car in Park, panic jogged his, memory: the Aztee pouch. Ain't got no prescriptions for ‘any of that stuff! He looked into his future and saw felony possession; maybe even intent to deliver, based on the amount. They didn’t know him. They'd never believe it was all for personal use and consumption. The blood rained from his face and not for the first time that day, he felt sick Be cool. Stay calm. Think. ‘The Trooper did his cop-walk up the driver's side. Doc watched him through the driver side mirror. He stopped just shy of the door handle. “Laslo, Highway Patrol.” “I wondered what that word on your shirt meant,” Doc mused. “License and registration,” Laslo said, stern. Doc reached for his wallet without fumbling it and retrieved his license without difficulty. “The car isa rental,” he sai, abandoning the shtick. Laslo craned his neck and gave Doc's passenger the fish eye. “Becky, I thought I wamed ‘you not fo let me catch you out again?” Becky. Becky sat rigid, staring stoically out the passenger side window. She pretended not to hear. Laslo exhaled a frustrated snort and leaned back, eyeing Doc. “PIL be right back; sit tight.” Now or never. As Laslo returned to his prowl car to radio in the bona fides, Doc tuned quickly in his seat, snatching the Aztec pouch. He opened the bag and closed his eyes. “Jesus, Gonzo.” Fortunately, it seemed to Doe that Gonzo ‘must have ingested nearly all of his score. Still, he saw acid, ‘buttons, eestasy, cocaine, mushrooms, weed, and DMT. ‘A gaggle of felonies just waiting to happen, except the ‘weed, which was still only a misdemeanor in such a small, ‘quantity. He didn’t see another option. He had to act fast. Doc pitched forward, dropped his head low, and started shoveling the drags into his mouth. Becky tumed and watched him, ilently bemused. ‘The panic propelled his chuming arms as he realized felony tampering charges would be added to the already-looming, possession charges if Laslo interrupted his impromptu ‘meal. He fought the gag reflex as his body tried to reject, the calamitous array of tastes and textures being forced into, his maw. He glanced up with his hand over his mouth and. the last of the drugs inside. Laslo kicked open his patrol car door. Doc swallowed, figuring he had ten minutes before the roadside show became a shit show. Hell, death might, ‘even make a cameo appearance. He tried to calculate his, impending doom, He wasn’t worried about the weed. It needed a heating agent to become psychoactive.” The LSD was highly absorptive through mucous membranes. In about twenty minutes it would kick in like the Kool-Aid Man through, a brick wall. Oh yeah! The mushrooms had an estimated, time of arrival of about forty-five minutes.» The cocaine ‘was already numbing his stomach; hopefully it would do zno more than make him excitably sick." The natural acids, already in his stomach should kill any major reaction to that, He wasn’t worried about the DMT, either, as it needed ‘a monoamine inhibitor (MAOD to be psychoactive when taken orally.” Oral ingestion was no worse than wastefl ‘And, he had eaten mescaline before. He hoped as it began, to work it would induce vomiting,"* which would at least rid him of whatever undigested drugs remained. That was, hs fallback; his hope, anyway. Come on, mescaline! Don't fail me now. When Laslo made his return, he approached on the passenger side, He jutted his chin at Doc. “Becky. Who's, the guy?” He pressed on as though she'd answered, “What, are you doing here?” Becky kept quiet, ramrod straight, staring ahead. “Becky, I'm talking to you.” Laslo waved across her field of vision, ‘Over the boiling tumult in his gut, Doc heard something. strangely funny. The back of the car shifted and there was ‘an almost gentle heaving. There was a single, loud, thud, from inside the trunk, and then silence Laslo’s eyes darted to the trunk, back to Becky, back to the trunk, and widened in recognition. The car started moving again and Doc felt his stomach somersault gaily. From, inside the trunk a thump, thump, thumping accompanied the sounds of muffled struggle. “Is someone in the trunk?” Laslo asked; an octave above his prior refrain. He stepped away from the car and edged near the trunk, the heel of his left palm on the butt of his gun, “That's ridiculous! It’s a convertible. It’s a beautiful day; the sun’s out. Why would anyone get in the trunk?” Doc winked at Becky, impressed with himself, She rolled her ‘eyes and sighed, “Open it, Open it right now!” Laslo demanded. Doe jutted a pontificating finger skyward, “I know my ‘goddamn rights, Laslo, and you do not have my consent to search that trunk!” ‘There was a loud pop and the trunk swung open, mooting, ‘Doc's point. He frowned his annoyance at the trunk. As it rose a clenched fist at the end of a meaty forearm jammed the lid wide open and Gonzo stood up behind it. He was shirtless and his pants were unzipped and showing more of his ass than Doc ever wanted to see, and hoped not to remember. Dirt and grime and grease from the spare tire mixed in a frothy mess obscuring Gonzo's features. He gathered himself and jumped, but his foot caught something ‘on the inside lip of the trunk. He crashed into the dusty, hot, parking lot with @ grunting thud. caso @) Laslo took another step away from the car, unsnapping his holster as he did, His eyes darted front to back, front to back. “What the...” Gonzo pushed himself up on all fours, looked ahead, and took a deep breath, His gut heaved and he groaned as he pushed himself to his feet. He hitched his pants and pulled, up the zipper. Swaying, he reached up and slammed the trunk lid home and left his hand there for balance. “Damn, it’s hot in there. You bastards.” aslo drew his weapon but kept it pointed at the ground. “Somebody better tell me what in hell is going on here.” Gonzo waved his hand with a face suggesting this were some minor peccadillo. “Officer, I will discuss anything ‘you want, But them,” he nodded at Doc and Becky. “I’m ‘an attorney and they are my clients.” “Clients,” Laslo repeated, “Clients,” Gonzo confirmed. “They had you in the trunk.” Gonzo looked back at Doc and Becky and said, “Tsk-tsk. The inconvenience will be reflected in their next billing statement.” He looked back to Laslo, “I appreciate your concer, but all is well here, We will certainly provide you, with any identifying information you desire. Beyond that, ‘we would like to remain silent.” Behind the wheel, Doc lost his grip, the sky began to ‘move, and he fell off the face of the planet. He didn’t know whether he was experiencing shock or a heart attack. His brain was too gripped to realize it was in the throes of his, ‘most heinous trip. The clouds began to race and the sky became a monochrome transition from blue to purple and, then red. Watery acrylic rainbows began streaming up the windows. No, no, no, not now. @ wens FEAR ARD LOATHENO ER STH TEXAS IF DR. HUNTER S. THOMPSON GOT A DWI IN TEXAS IN 2015 ‘When Laslo saw the empty and bovine look of childlike ‘wonder followed by anguish followed by wonder, he made ‘a decision, “Everyone out of the car!” He grabbed his shoulder mic and radioed for backup. Doc bit his lower lip in @ desperate attempt to return to reality. He looked in the rearview; his bug eyes were ‘completely dilated." He could feel his blood pressure sky rocketing. He imagined himself as the Space-X rocket hhurtling skyward, bursting through marshmallow clouds, and rainbows made of real Skittles. He stuck out his tongue, hoping to taste the rainbow as he flew by..” A cold sweat began creeping up his spine. He put his tongue back in his mouth. His gorge was rising. No good. He tried to speak but the words wouldn't come. The darkness—as he liked to think of it—was a creeping inevitability. He'd explored the deepest depths of the so-called drug binge many times before, Drug binges were like IKEA. There was no getting out. No shortcuts. It had to run its course. All he could do was grin and bear it, He bore down and tried to think only of endurance. Gonzo eyed Doc uncertainly, took a deep breath, and, approaching Laslo, turned on the 100-watt smile, He rubbed hhis hands together and, when he realized they were too dirty, for that to accomplish much, wiped them on his pants “Allow me to introduce myself,” Gonzo said. Laslo eyed Gonzo’s extended hand, but didn't accept it Quietly, Becky opened her door and stepped out, complying with Laslo’s earlier command. Inside, Doc looked to his, right and fought back a scream, She jumped! Then, it occurred to him they'd both been ordered to step out of the ‘ear. He wanted to get out, but wasn’t sure he could, His, limbs felt rubbery and uncontrollable.” He didn’t trust them to respond on command, Subtlety probably isn’t an option Doc leaned right, pulling his knee as close to his chest as he ‘could. He let out a short breath and donkey-kicked the door as hard as he could. The door flew open, rebounding as its, springs recoiled with a terrible, shrill scream. He was free of the confines of the car but didn’t get out. When the door ‘swung open his momentum forced him upright, He was still, in his seat, left leg outside the car. Slowly, he slid his right hand into his hip pocket and ‘extracted a cigarette from the pack. With an expert flick he ‘got his Zippo going. He cocked his head and stared at the flame dancing atop the lighter, mesmerized by the colors He held his cigarette so it would light slowly. He watched the paper ignite and bum down in iregular scallops. He ‘watched the advancing conflagration spark and then shrivel tiny brown-gold shrapnels of tobacco. The reds and oranges, ‘were brilliant; almost neon, A pyrrhie vietory, indeed. He pulled deeply on the cigarette. He felt the smoke as it passed over his tongue and down his esophagus, tunneling, its way ftom his throat to lungs. Slowly, he waved the lighter back and forth, mesmerized, feeling his lungs expand to capacity, He smiled as the lenses of his aviators refracted, the tiny dancing light. Laslo looked at Doe impatiently and then back to Gonzo. “Ishe okay?” Gonzo shrugged with an embarrassed smile. Laslo went around the front-end of the car and stood in Doc’s open door, staring down at him. As Laslo loomed, Doc mumbled the words to “One Toke Over the Line,” and watched a sepia-recording—like found footage—of the full concert on the inside of his aviator lenses, “Out of the ear,” Laslo said, grabbing Doc's left arm above the elbow. The movement dislodged the Aztec pouch and, it fluttered out of his lap and to the parking lot, “You on something?” Doc looked up, nearly catatonic. He held Laslo’s menacing glare. He let himself be pulled up and out of the car. Laslo ‘walked him to the front of his patrol car and said, “Sit here.” ‘Doc sat, thankful for the respite. He felt like the Scarecrow from the Wizard of Oz. He could barely stand, let alone walk, His face was ghostly white and the blood had drained from his lips, leaving them a sickly shade of pink. His left nostril was runny: “I felt your arm,” Laslo said to Doc. “No muscle contractions. No rigidity.” Do I look like some kind of muscle-bound beefcake, Doc thought, but couldn't say. Laslo shook his head and pulled a penlight from his chest, pocket. He waved it in Doc’s face. “I want you to watch my pen with your eyes and your eyes only.” Doc smiled broadly as he watched the neon streamers, tracking Laslo’s passing penlight. Finished with the horizontal passes, Laslo moved the tip of his penlight closer and closer until it touched the tip of Doc's nose. “No convergence. None.” He looked up at Gonzo and said, “This dude is FUBAR.” He strode away a few yards and motioned with his finger for Doc to follow, “I'm going to have you do a few more tests for me, okay?” “I don’t recall you ever explaining a first test to him, ‘Trooper Laslo,” Gonzo offered. Laso ignored that and said to Doc, “Understand?” oc nodded dumbly and instructed his brain to respond with, “Sure.” Unfortunately, with his slack jaw and gummy mouth, the sound that escaped was an indecipherable squawk.* Laslo pointed at a spot near his feet, “Can you come stand in this spot?” ‘Again the indecipherable squawk. Laslo rolled his eyes and began reciting the instructions to, high-stakes balance and performance exam he called the Walk-and-Tum, After giving the instructions he finished with a practiced and polished partial demonstration. Doc remained on the hood of Laslo’s car the entire time, watching a single rogue ant scavenge a scrap of Twinkie from a discarded wrapper. @ wesc FEAR ARD LOATHENO ER STH TEXAS IF DR. HUNTER S. THOMPSON GOT A DWI IN TEXAS IN 2015 Laslo said, “Do you understand the instructions?” Doc chuckled and burped. “Sir, are you refusing to do the test? If you refuse, I'll have no choice but to arrest you for DWI.” Doc breathed slowly through his nose, feeling the little hairs inside quiver. Somehow, he found the strength and hoisted himself to his feet. He could barely see the ground. He thought of Eddie Murphy in “The Golden Child:” There is a ground. You're making it look like there’s no ground. There's a ground, Monty! Doe could swear he remembered Laslo say something about ‘an imaginary line. All he saw were lines. The parking lot had become the racetrack from the movie Tron. He looked around for his disc Laslo snapped twice to get Doc’s attention. With an effort, Doc got his weight balanced over his feet and, starting high with his right foot, moved it in a wide Jooping arc up and forward. His steps were uncoordinated and wild, his arms crooked and akimbo like he was attempting to dance the Funky Chicken. He staggered and stumbled along a crooked line towards the back end of his rented convertible. Not seeing the car, Doc hit the bumper with his shins and tipped forward, fast. His momentum carried him ass-over-tea-kettle into the trunk where he disappeared inside. Inside the trunk, Doc was at first shocked and then calmed by the sudden darkness. He remembered the trooper and his tests. He thought about feigning sleep or trying to hide and ‘couldn’t decide which would be more effective. Laslo’s face appeared above the open trunk. He didn’t appear to be amused. Absently, Doc wondered whether he ‘could shape Laslo’s face like putty, and turn that frown, upside down. “Jesus Christ, Mr. Thompson. There's one ‘more test.” Laslo reached in and helped Doc up and out of the trunk, standing him at attention.