You are on page 1of 24
, , , , I FA LL 2008
,
,
,
,
I
FA LL 2008
, , , , I FA LL 2008 HARRIS COUNTY CRIMINAL LAWYERS' ASSOCIATION
, , , , I FA LL 2008 HARRIS COUNTY CRIMINAL LAWYERS' ASSOCIATION

HARRIS COUNTY CRIMINAL LAWYERS' ASSOCIATION

, , , , I FA LL 2008 HARRIS COUNTY CRIMINAL LAWYERS' ASSOCIATION
, , , , I FA LL 2008 HARRIS COUNTY CRIMINAL LAWYERS' ASSOCIATION

Look at what I have done to see if you'd like what I will do

• Began the 178 th Criminal District Court's participation in CTI

(Change Through

Intervention) program that combines closer court monitoring, lower probationer to officer ratio, and progressive sanctions to obtain behavior modification for offenders;

• Required compliance with the Fair Defense Management Act (FDMA);

• Expanded the Grand Jury selection process as to ethnic origin and gender;

• Provided greater use of mental health resources;

• Improved community supervision officer communication with Court Liaison Officer; and

• Installed a computer for access by members of the defense bar to have equal access to Harris County JIMS records in the courtroom.

On November 4 t h Vote for Judge Roger Bridgwater 178 th Criminal District Court www.judgerogerb.com

A Judge who was in the trenches and who knows how you feel

A Judge who was in the trenches and who knows how you feel Paid by Judge

Paid by Judge Roger Bridgwater Judicial Campaign 7941 Katy Fwy, #140, Houston, TX, 77024 In voluntary compliance with Judicial Campaign Fairness Act

2 . From the President   By Mark Bennett 3 . Winning Warriors 5 .

2

.

From the President

 

By Mark Bennett

3

. Winning Warriors

5

. From the Editor

By Shawna L. Reagin

7

.

Motions for New Trial

10

By Patrick F. McCann

. Motion of the Moment

By Shawna L. Reagin

12

Alternatives to Ja i I

By Hon. Roger Bridgwater

14

Modification of Disposition or VOP

By JoAnne Musick

16

The Dudes Abide

By Wendy Miller

1~

Grace Notes

By Jeremy Sierra

HCClA~~~~~~~~ ~2008-2009

PRESIDENT

Mark Bennett

PRESIDENT ELECT

JoAnne Musick

VICE PRESIDENT

Ni col e DeBorde

SECRETARY

T. B Todd Dupont II

TREASURER

Steven H. Ha l pert

PAST PRESIDENT

Patrick f. Mc Conn

BOARD OF DIRECTORS

Staci Biggar

David Cunningham

Tyler fl ood

Tucker Groves Mark Hochgloube David Jones Rondoll Kallinen DavidKiotto Marjorie Meyers David Mitcham Roland Moore III Earl D. Mu si ck John Porras Charles StanField o TateWilliams Sarah v. Wood

PAST PRESIDENTS

1971 2007

C. Anth ony fri loux

Stuart Kinard George Luquet te Morvin D. Teague Dick OeGuerin W.B. House, Jr. Dav i d R. Bires Woody Densen Wi ll Gray Edward A. Mollett Carolyn Garcia Jock B. Zimmermann ClydeWilliams Robert Pelton Candelario flizondo Allen C. I sbell David Mitchorn Jirn [ Lavine

Rick Bross Mary[ Conn Kent A. SchoPPer

Don Cogdell Jim Skelton George J. Pornharn Garland D. Mcinnis Robert A. Moen lloyd Dliver Donny East erling Wayne Hill Richard fronkoPP

W. Tr oy Mc Kinney

Cynthia Henley Stanley G. Schneider Wendell A. Odorn, Jr.

Robert J. fickman

Publisher:

HCClA

Ed i torial Staff :

Shawna L. Reagin

Ads &Distribution:

JoAnne

Musick & Christina Appelt

DeSign &layout:

Limb Design

Illustrator:

Guillermo Cubillos

Distribution 550 copies per issue_ For articles and other editorial contributions, contact ShawnaL Reagin at 713 -224 -1641- To place an ad , call Shawna L Reagin at 713-224-1641

e a g i n a t 7 1 3 - 2 2 4 - 1

~~@I1r~~PRESIDENT

My Friends, I'm writing this in the heat of a Hou ston summer, but by the time you read it the kids will be back in school and temperatures will have started to conle down. Vie might even have turned off the air conditioning for a day or two. (We also might have been threatened or hit by tropical storms or hurricanes or other life- and practice-altering events . Ah, the joy of writing this message with 3

one-month lead time.) If you're a fan of culture or sports, Houston's got it - pro, semi-pro, and amateur. Sure, the region is a little bit short on natural splendor, and

yes, ifyoll like mountains YOll've got a long haul. And the weather

well , there may

be places in the United States better suited to human habitation than HOllston . Not to mention that, from the point of view of lawyers who stand up for people, Texas's partisan system of electing judges is a scabrous blight on Justice. Notwithstanding all of that, Houston is the Promised Land for criminal defense trial lawyers: the fourth biggest city in the U.S. ( with lots of. business), with the lowest cost of living of any of America's 20 largest metropolitan areas, and an aggressive and competent (and I don't care what Kelly Siegler now says about that) prosecutor's office that sharpens us as steel sharpens steel. Nobody wants this work to be easy (where'S the fun in that»), but in Texas we benefit ti-om laws that favor the accused (and sometimes the defense bar) in ways that other states' laws wouldn't. For example:

• Except in very narrow circumst ,lnces , all defendants are e ntitled to reasonable bail (and their lawyers can, even in those constitutionally defined circumstances, make it difficult to deny bail).

• Defendants can have jury trials for anything. The U.S. Constitution doesn't require jur), trials for "petty offenses", but the Tex ,ls Constitution requires them in all criminal cases. The benefit to the criminal defense bar should be as obvious as the benefit to the accused.

• Defendants can't be prosecuted for felonies except on the presentation of a grand jury indictment.

As a result, we get an opportunity to head off fllrther litigation if we think we can persuade the grand jury that prosecution is inappropriate.

• Texas Code of Criminal Procedure Article 38.23, the statutOry exclusionary rule , gives juries authority to determine suppression fact jssues.

• Texas Code of Criminal Procedure Article 38.22 presents statutory obstacles to the admission of statements made by an accused in response to custodial interrogation.

• Punishment ranges as wide as probation-to-life and jury punishment allow us to bring our advocacy skills more to bear to try to achieve some measure of justice instead of relying upon bureaucrats to sentence by the numbers.

• An accused has a right to a lawyer no matter the offense; an indigent accused has the right to appointed counsel, no matter the offense.

• Texas Code of Criminal Procedure Article 38.14 provides that nobody can be convicted on the uncorroborated word of an accomplice, and Texas Code of Criminal Procedure Article 38.141 pro\~des that nobody can be convicted on tJle uncorroborated word of a police informant.

It occurs to me that I've just given the pro-government reactionaries a wishlist for the next legislative session. The point, though, is that all of these factors - as well, probably, as some that I haven't thought

of - contribute to make Texas an interesting, profitable, and lively place to be a criminal defense trial lawy e r.

A friend of mine who practices in Manhattan claims that New York criminal defense lawyers who try lots of

cases try one every three years or so. I don't know how many trials is "a lot" for Houston criminal defense lawyers, but I know that the halfdozen or so that I have been trying annually is not "a lot." We live among a populace that has been conditioned to be terrified that our e fforts to secure their fr eedom might keep the trains from running on time. They fear that if we are free to ply our trade, and ifour clients receive due course oflaw, society will be more chaotic and le ss safe . They are entirely correct: jf we do Ollr jobs properly, society will be less ordered. Freedom is neither tidy nor safe . What we d o is mueh larger than merely trying to keep people out of jail. We have one of the few jobs that the founders of our country - whose primary concern was preventing the resurgence of tyranny - thought important enough to memorialize in the C"(mstitution. \Ve have a sacred duty not only to our clients but also to the liberties that made America free. HCCLA stands with you, its members, on tJle front line of the struggle to make a decent living, to defend your clients, and to preserve liberty for our children and tJleir children. Your board of directors meets on the second Thursday of every month at 11 :30 a.m. on the 7th floor of the Criminal "Justice" Center. This is your organization, and you are alwa)'s welcome at its board meetings.

----------------- -- ----

Mark Bennett

THEDEFENDER] FALL 08

+

the State on 3 out of 4 theft indictments

after a grueling 1O-day trial in the 337th District Court, where

his client was charged with computer repair fraud over a 2-year period. One case was dismissed and the jury acquitted on two others, but convicted on the remaining 1st degree theft. The prosecution urged the jury to start at 25 years in considering punishment, but DANNY persuaded them to return much less; his client should be free in a little more than a year.

DANNYEASTERLING beat

+

BRIAN WICE convinced the First Court of Appeals to set aside a 70-year sentence from the 262nd District Court and remand for a new punishment hearing in Lair v. State, 2008 WL 2611879 (Tex.App. -- Houston [1st Dist.]' No. 01-07 -00414-CR, delivered July 3, 2008), PDR filed 8/15/08. Justice Terry Jennings once again chastised the majority in a 27 -page dissent to its decision to reject an insufficient links argument. BRIAN plans to appeal that issue and the failure to find harm in the prosecutor's fmal argument that was a direct comment on the accused's failure to testif)l.

+

This same prosecutor's improper argument caused a CCA reversal the day before in York v. State, 2008 WL 2677368 (Tex.Crim.App. 2008) [unpublished], on a brief authored by TROY MCKINNEY. Maybe some of tllis recidivist misbehavior would be curtailed if the courts would publish the reversals and name the offending prosecutors - Thomas Pheiffer, in wese cases.

+

The jury took only an hour to find ALEXANDER GUREVICH'S 17-year-old client Not Guilty of aggravated sexual assault of a child in the 176th District Court. The 4-year-old complainant claimed anal penetration in a delayed outcry. Dr. Carmen Petzold testified for the defense and greatly helped to neutralize me testimony of the State's experts.

+

In a one-week personal record, ROLAND MOORE had three cases dismissed in tllree difkrent courts on Monday - a murder and two robberies, a felony MRP dismissed on Wednesday and then tllree felony dope cases dismissed against one c\jent on Friday.

+

LEE GUERRERO of GUERRERO & BIGGAR LLP worked diligently with

the prosecution for several months before finally obtaining a dismissal of the criminaJly negligent homicide charges against her client, who was involved in a car crash with a H arri s County Sheriff's deputy found to be driving while intoxicated at the time of his death.

+

Once she educated the prosecution about a particular DPS trooper's career-long habit of stopping African-Americans with out-of-state plates - in this case , for "following too closely" on U.S. 59 - KATHERINE SHIPMAN got her habitualized client charged with 3rd degree possession of cocaine and possession of marijuana a mer e 120 d ays in jail under Sec. 12.44 (a) , Tex. Penal Code.

+

The amazing MUSICK LAW FIRM just keeps on doing it:

EARL MUSICK and KYlE VANCE won a trial day dismissal on an assault case in CCCL#7 after announcing ready; EARLannihilated the technic al super visor in Guadalupe County, resulting in a non-DWI offer; and JOANNE MUSICK secured separate dismissals in a drug case and an assault , after announcing ready for tri al.

court's failure to instruct the jury that it could not infer the

defendant's guilt from the witness 's invocation of not to testif)l. This is an important issue th a t r a ises a

hi s ri g ht question

over the

Court's

decision not to publish the opinion .

+

Another g rateful client can thank TOM STICKLER for being found Not Guilty of burglar y of a building, enhanced , in the 212th District Court of Galveston County.

+

Thirteen minutes was a ll it took for th e jury to acquit

STEVE HALPERT'S client of an alleged family violence assault

in CCCL #1. The judge was reportedly convinced of the

ve rdict after STEVE'S cross-examination of the complainant, but the prosecution rolled the dice, anyway.

+

CASIE GOTRO a nd HEATHER MORROW to o k another troph y in

Washington County by garnering a Not Guilty ofaggravated assault with a deadly weapon for their habitualized client after only 45 minutes of jury deliberation . The State then threatened to prosecute him for felon in possession of a

firearm, except it had failed to recover the alleged firearm,

 

so

had to dismiss tha t case as wei I.

+

AMANDA DOWNING persevered until she gained a dismissal on an

+

assault case in CCCL #3 .

And last, but by no means least: VIVIAN KING fought

+

JIM LEITNER and

acquittal

for a Precin ct 4 captain accu se d o f felony tampering with

evidence . Multi-talented JIM also reversed an aggravated kidnapping conviction out of the 179th District C o urt in Hudnall v. State, 2008 WL 2985435 ( Tex.App. - Houston [1st Dist.] No., 01-07-00858-CR, delivered July 31, 2008) [unpu blished]. Reversible error occurred when th e State

was permitted to call before th e jury a previously

co-defendant who everyone knew was going to invoke

5th , then question him in a manner that inculpated

the

the defendant. This error was compounded by the trial

CLINT GREENWOOD battled

to

an

convicted

a 3-week, 3-codefendant federal trial in Austin to 6 counts of Not Guilty involving conspiracy to violate the Medicare anti-kickb ack statutes and other substantive counts of fraud. VIVIAN'S accounting degree and 9 years

as a banke r before becoming a lawyer allowed her to chew up the many government witnesses who testified about her client's bank records . This victory was even sweet e r due to the many underh a nded tactics [such as declaring one of VIVIAN'S witnesses an un indicted co ­ conspirator, prompting her to plead the 5th and making

her suddenly unav ailable] and

Brady violations engaged in

by the A USA - justice , in th e guise of VIVIAN KING on thi s

occasion, prevailed!

CONGRATULATIONS TO ALL THESE WINNING WARRIORS

future

warrIors

AMBER and MATTHEW SKillERN produced an absolutely

gorgeous baby girl on July 17,2008, when GWENDOLYN MARIE

weighed in at 6 lbs., 10 oz., measuring 20 .5 inches long .

Welcome to the world!

Fro E By Shawna L. Reagin According to the offIcial website of the State Commission
Fro E By Shawna L. Reagin According to the offIcial website of the State Commission

Fro

E

By Shawna L. Reagin

According to the offIcial website of the State Commission on Judicial Conduct [SCJc] , the mission of the SCJC is "to protect the public, promote public confidence in the integrity, independence, competence and impartiality of the judiciary, and encourage judges to maintain high standards of conduct both on and off the bench." The Commission allegedly accomplishes this mission through investigations of judicial misconduct or incapacity, and in cases where a judge is found to have engaged in misconduct or to be permanently incapacitated, the Texas Constitution authorizes the SCJC to take "appropriate disciplinary action, including issuing sanctions, censures, suspensions or recommendations for removal from office." Lofty goals, to be sure. Would that these words had the slightest meaning when it comes to judicial abuses of the criminally accused. In the past few years, HCCLA has filed complaints against two judges for illegally jailing defendants who either have not hired a lawyer to suit the judge'S timeline, or have committed the mortal sin of being unable to hire a lawyer after making bond . One of tbe judges, Woody Densen, in addition to jailing an African-American woman who had not been able to hire a new lawyer over the weekend as commanded by Judge Campbell, also publicly berated an injured young war veteran for being

TOR

indigent and then later the same week took a plea from an unrepresented, mentally fragile man. The other judge, whose identity remains undisclosed due to an agreement with the then-president of this organization , quickly proved herself to be a recidivist offender once the original complaint was summarily dismissed, notwithstanding her tearful promises. What we have learned through the tIling of these complaints is that the extent of an SCJC "investigation" appears to be perhaps obtaining some sort of denial from the accused judge, then dismissing the complaint without comment. Interestingly, although the judge is provided copies of all documents in the complaint against him or her, the complainant is never allowed to see any part of the response. This is akin to sending the prosecution out of the courtroom while the defense presents its case, then expecting it to come in and effectively argue for a conviction. Although this might still result in numerous Harris County convictions, the fact remains that this procedure is grossly unfair to the citizens who have suffered at the hands of judges who don't know the law, refuse to follow the law and distort the law to accomplish their own unconstitutional ends. Citizens should have tbe right to rebut claims or affidavits that are demonstrably false.

///////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////

Citizens SHOULD HAVE THE RIGHT TO REBUT CLAIMS

How DOES THIS PROMOTE PUBLIC CONFIDENCE IN THE JUDICIARY?

///////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////

AIl three claims against Densen were dismissed without

a single affiant or witness being contacted by the SCJe.

Even when the decision was appealed, an essentially meaningless process in itself, no one on the Commission bothered to make a phone call in attempt to verify the events. This happened despite the fact that Judge Densen has a history with the SCJC, having once been sanctioned for soliciting political contributions on the courthouse grounds . Rest assured, however, that the SCJC does not sit completely idle. Indeed, it would be less dangerous ifit did not instead strike at random, issuing sanctions that seem to be totally disproportionate to the alleged misconduct. Our own infamous example is tbe actual imp eachment of Judge Jim Barr for making a few off-color remarks to female prosecutors and incorrectly issuing a writ of attachment for

a sheriff's deputy. In re Barr, 13 S.W.3d 525 (Tex.Rev.Trib. 1998). The lesson inherent in the Barr case seems to be that if

judges wish to misbehave, they should do so with defendants and criminal defense lawyers, not prosecutors and police. In re Barr is instructive also in that it decided the three circumstances under which legal error by a judge may constitute grounds for a finding of judicial misconduct:

(l) commission of egregious legal error; (2) commission of a continuing pattern of legal error; or (3) commission of legal error which is founded on bad faith. Id. at 544. The examples cited in the opinion fall far short of illegally

jailing a regular citizen or taking a plea without a lawyer present. Indeed, Judge Barr was faulted by the tribunal for admitting that "prior to taking the step of depriving

a citizen of his individual freedom, he had not researched

the law regarding writs of attachment or witness bonds." Id. at 546. Although we do not know what defense Densen may have raised, if any, Barr clearly precludes a sustainable claim that he acted as he did out of ignorance.

More recently, we have seen the SCJC publicly avenge the granting of Chris tmas leniency in eviction cases and the off-hours, out-of-court, consensual derriere-patting by a male judge on a female lawyer who was not herself in any way offended and who did not file the complaint. There was also a public spanking for a civil court judge who made some awkward comments concerning slavery to an African­ American lav.ryer appearing before him. This is amazing when you consider the rudeness and condescension to which criminal defense lawyers and the criminally accused are subjected in some courts on a daily basis. The message is, it is okay to jail an African-American woman with all the due process accorded a slave, but for God's sake, don't

mention slavery to an Mrican-American male lawyer in a money case. How does this promote public confidence in the judiciary?

The Commission does occasionally find it within itself

to step in once a judge has actually been indicted for or

convicted of a crime . Given its usual performance, though, one has to wonder how many complaints were probably swept under the rug for years until the misconduct rose

to the level of a criminal offense. HCCLA has a pending

complaint against former Montgomery County District Court Judge James Kee shan, sitting by assignment, who

illegally, and deliberately so, jailed one of our members.

A grand jury has already declined to indict this learned

jurist for offlcial oppression, but the fate of the grievance has yet to be revealed.

Key to the SCJC's willingness to act against a judge

is the amount of publicity attendant to the fding of the

complaint. Therefore, there is nothing to be gained by entering into future secrecy agreements with the targets of valid complaints. Our desire to always give the benefit of the dou bt sometimes leads us to a dangerous na·lvete. We are not advocating draconi an attacks on the judiciary for every perceived slight or good faith mistake. Rather, we seek reliable consistency and transparency in the dealings of the Commission. One hopes that judges would also welcome such a change. It must be exceedingly uncomfortable to constantly wonder what peccadillo may lead to public sanction or even impeachment, while knowing that one's colleague can safely act like a raging maniac. Are the decisions purely political? Does the SCJC exist merely to protect the visitation rights of former judges? Why hide the response to a complaint unless it fails to exonerate the accused judge or contains easily disprovable claims? It is time for the sCJe to put some legs on its mission statement and start protecting the citizens of this state from serious abuses of judicial power. The Code ofJudicial Conduct is not particularly onerous in its behavioral requirements. If the SCJC cannot manage to enforce it, perhaps we need a sunset review and a new beginning.

Correction: Due to an editing error, photo credit to Cynthia Henley for the social pictures from the HCCLA banquet was inadvertently omitted.

* The Editor's opinion is purel y perso nal , and i n n o o r positio n ofrhe Harri s County C riminal Lawyers'

way reflects the viewpoJnr Association .

THEDEFENDER] FALL 08

Motions

FOR NEW TRIAL:

The author is a past President of the Harris County Criminal Lawyers Association, an adjunct professor at Texas Sout hern Univers ity, and pract ices loca ll y here in Houston and Fort Bend county,

CHANCE AT SENTENCING By Patrick F. McCann

1\(I.' l'1l1 L'h.lIlg;(s 10 Tn.1S 1\1Ik of App(l\.ltl' I'nKl'dur( 21,

L\'(I'\'llll(

of LIS h.1s SOl11( horror slol'\' of hoI\'

.1 (Ii(lll

"Ili(h cmlTS :-"\oliolls tilr ~L''''Tri.11, h.1\,( lll.1dL' il possihle tilr rl'(L'i\ 'nl, till ' .1 rd~lIi\'dy millor d1.1t'!!.(, ,\ ,11.11 s(nllL'lf .1

Ihl' tri.11 (Ollrt III g.r.lIll rdirt' Oil S(IlI(lleill!!. iSSlI(S 0111\-. This is

disI1t'oportiOIl.11l: 1(1'111 of illlprisoll1l1l'llt, \'k Il(l'd 10 h(!!.ill 10

.1 Si!!.l1itil'.1I11

(il.lIlg.(, .1l1d lll1( "hid1

111.1\ ' lWlldil

\ ' our dil'1l1.

look . 11

"h(thct' ti'Ol11 .1 PSI, .1 jut'1' SClltCIlCl', or C\ 'L'Il, ill SOI11l' 1.'.lSI.''>

"hnl' I hL' illl'Cstig

~lS ~1 1I'.1Y 10 tilrcL' ~1 rC - C\.lI11ill.lIillll lIt' th.lI ,

!tuk

21

1 .1111 !!.oill!!. 10 SlIg.g,l'sl Ih~1I our h.1r h( !!.ill 10 look.lI Ihis eh.1I1!!.(

.ls.1 "'.1\' 10 rl' L' \.lllliIlC or (orrcLI .111 ulljust SL'lltl'IlL' l',

1I

iOIl

dOIl( ,, '.lS slHldl.h ', Oil .1 plu ,

\\ 'c ll , fir'>t, \\hcthl'l' onc i'> ,Ippointcd ()n ,If)peli, or " c()ntinulng t() rcprocnt ,I (Iicnt ,Iftcr tri,11 ()r

,\sk I'm

,Ind file ,I Ill()ti()n illllllcdi,ltch ' ,Iftcr '>cntcn(ing ti)) ' ,111 il1\ 'o tig,ltor if it ,Ippell 's th,lt thc ,>clltcn(e nccds ,I

'>cc()nd I()ok, If \'()u d()n ' t gct ()nc , ohjcct , then find

,11.1\\ studcnt or cnlist ,I \\illing Llinih ' Illcillher ()f thc (Iicnt \\ho ( ,In gct ,I((OS to f.lInih- IllcdicII, s(hool , ,Ind ()thl'l' rc(ords th,lt n1.I\ ' help \ ' OU , Ohtain ;1 (Op\'

()f thL'

f()rlll

it

pri()r ,ltt())'nL'\ ',

'>c lltcn(ing , onc nccds to I:\\TSTIl; ,\TF,

PSI

\'()ur

if one

\\ ',IS donc

frol11

thc

the

dicnt , ())'

pctition

Coun

t()

h;1\ 'c

nl.ldc ,1\ ,Ii 1.1 hie if it \\';IS n()t fikd in thc post tri,Ii tile

())' thL' nl.lin file ,It the District ( ' krk 's .lrL' .Ii\\,I\"> ,I g()od '>Llning p()int.

()ffi(e, Thcsc

One can also try to disprove the errors in the PSI, if they are present , Sometimes criminal history is misstated or overstated, so providing affidavits as to the accuracy of the history and

obtaining some out of county or out of state records may be needed, Mfidavits from family members are key to both the medical/psychological portion of this MNT presentation AND to the factual issues the trial court considered, If one has new facts to present, then the trial court will hopefully be willing to listen, Again, here the services of an investigator who can locate and obtain records and affidavits is invaluable , As the attorney, one is tr ying to change the factual face of the client before the court, Even if one does not obtain a complete re-sentencing, remember that, if eligible, one may help the client's case for "SHOCK PROBATION" or for bail if a

persuasive story can be

ma y also be persuasive

a failure to investigate claim on punishment, or perhaps a

competency claim , There are also times when the court may

told , The facts you present in court to other claims brought in, such as

 

hcti»)'c

with to exercise mercy, such as on multiple enhancements on cases of prostitution or petty theft, where the complete story of the client, their difficult family situation, drug addiction, or mental illness \-vas never truly brought out, What you are

You)' L' liclll, likc 111,111\' of thc souls \\110 \\,lIldl'l' thc hcnL' II , in 1ll.1I1\ ' L',ISO \\ill h ,1\ ' c ,I di,lgn()s,lhk

IllClll ,11

illnc,>,>, 1 In ,I rCL' cnt (,ISC \\C \\ 'erc ,Ihk t() ohtain tcsting Ii))' rCLlI'd,lli()n, \\hi(h, ,lltllOugh Ul1suL'(ess ful , did in LI(( c,>uhlish ,I \cJ'\ ' I()\\ 10 t()r ,I (liL'lll tl1,ll \\,l'> put hcli)rc thc c' ()urt I, I',-"l inl.llcs LlIlgC hct\\ 'cc n ten ,Ind t\\cnt\ ' pcr(cnt

tll,ll thi, \\,l'> thl' C,l'>C hCC.lll'>C n() (1IlL' nL'l' I11Cllti()llL'li it. ThL'

preparing is essentially a supplemental or amended sentencing memorandum for presentation to the trial court, asking for sllch relief as you think appropriate, A word of caution here; as the Hippocratic Oath says, "FIRST, DO NO HARM," If the client received a light sentence or

()f thc fi)II,,> \\h() (()I11C hcti»)'c thc (J'illlin,11 justice sYstelll

a

"SWEET DEAL", please do not think of this as an advocation

11 ,1\c ,>()nlC dis()rder , ,Ind I i.lITi,> ( ' ()lInt\ ' 1,lil st.ltisti(s hel), tlli'> Ilut, ()nL' (,111 ()ht.lin j,liI rL'(()rd,>, in(luding l11L'lli L'.I I rccorel'> , \\ith rL' k ,I'>CS fr()1ll \ 'our (Iicnt, ()r \ ' i,1 SUhp()L'll.l

for reopening that door, Nor am I suggesting that a judge is always going to change his or her mind, nor reverse a jury decision , What I am suggesting is that the new changes provide

if \(HI ,lrL' gctting ,) hClring, T,llk t() \'()ur client ,1I1d ,I,k

a

second chance for those clients who need it, It is a tall order

thcln If tlIC\' h,l\'c hccn LIking ,U1\' IllcdiL'.lti()ns ()r hccn Ilmpiulilcd, Y()U III ,1\' \\ 'cll hc suq))'isL'li that \'()ur c1icnt tcl" \'Oll thn' .I rl' t,lking I ,ithiulll ,1Ild this nc\'L'I' ;If)pc,lrs ,ul\\\IILTl' on thc rcc()rd n()r d()cs thc prn 'i()us ,ltt()rtll'\' kn()\\

LlInil\ ,>h() uld ,Ib() h c (()n'>ltitL'li, ,1Ild th n \\ill ()licn P)'()\C .1

to get on a case, get an investigator, obtain releases for records, get the records via requests, Open Record, or subpoenas, and do the family interviews and client interviews necessary to obtain affidavits in the short time one has to file a Motion for New TriaL I am suggesting that if one makes an initial review and concludes the sentence may have been too harsh

I"Icll '>Ollr(L' of in fi, rtn.ltiOII ,lh()lIt

orl,'

lnl(

hr.lin injlln ', P,lst

or inappropriate, then having a plan to treat the punishment

,lhlN', drul,'. prohlellls , or 1e,ll"Ilinl,'. dis,lhilit ic' s, ()nc ,llso 1lL'L'lt

portion of the MNT as a way to educate the court and provide a

til h,IH' ,I Ill()ti()n ()Il file t() ohuin ,1Il opcn if this sh()uld pr( )H' nc(css;u'\'.

reason to give a more just sentence may benefit one's client. Eke much of our efforts, and like chicken soup, it couldn't hurt,

BURNS BAIL BONDS

,
,

Shaun, Shelby, Shannon and John

* Family owned and operated since 1971 * Bilingual staff with over 100 years of experience * We advocate a paid in full attorney is a defendant's best defense * Non-Arrest Bonds - we accompany your client to the jailor from the courtroom

609 Houston Avenue

Houston, Texas 77007

Tel: 713.224.0305 burnsbailbonds@yahoo.com

EZ INTERLOCK

An Automobile I

.tion Interlock Provider

EZ INTERLOCK An Automobile I .tion Interlock Provider John Bums Laura O'Brien * Your clients will

John Bums

An Automobile I .tion Interlock Provider John Bums Laura O'Brien * Your clients will work with

Laura O'Brien

I .tion Interlock Provider John Bums Laura O'Brien * Your clients will work with the owners

* Your clients will work with the owners * Summary reports emailed to you upon request * Convenient scheduling for installations and recalibrations - our technicians work around your client's schedule * Accurate and reliable machines - Fuel cell prevents false readings

609 Houston Avenue

Houston, Texas 77007

Tel: 713.223.4424 ezinterlock@yahoo.com

• otlon OF THE Moment By Shawna L. Rea g in CAUSE STATE OF TEXAS

otlon

OF THE Moment

By Shawna L. Rea g in

CAUSE

• otlon OF THE Moment By Shawna L. Rea g in CAUSE STATE OF TEXAS VS.

STATE OF TEXAS VS. EMMABOVARY

IN THE DISTRICT COURT HARRIS COUNTY, TEXAS 178 TH JUDICIAL DISTRICT

MOTION IN LIMINE Prohibit Prosecutor From Advising Venire The State Has Equal Right To A "Fair Trial"

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW EMMA BOVARY, Defendant in the above-styled Prosecutor from Advising Venire the State has an Equal Right to following:

I.

and numbered cause, and files this Motion to Prohibit the

a

support thereof she would show the

" Fair Trial ," and in

Harris County prosecutors frequently advise felony venires that they want to be sure that the State gets a "fair trial," just like the Defendant deserves . However, the State is not entitled to due process of law; the rights created by the Fourteenth Amendment are , by

its very terms, guaranteed to the individual. The rights established are personal rights. COLLIER V. POE, 732 S.W.2d 332 , 342 (Tex.Crim .

App . 1987) , citing SHELLEY V.

of the due process clause of the 5 th Amendment cannot, by any reasonable mode of interpretation, be expanded to encompass the States of the Union. COLLIER, ante , citing SOUTH CAROLINA V. KATZENBACH, 383 U . S. 30 I, 86 S.Ct. 803 , 816, 15 L.Ed.2d 769 (1966). Neither the State nor any agency of the State is entitled to due process oflaw. COLLIER at 342 [cites omitted). Due process and due course of law are guarantees to citizens and not governments or their agents. Id.

II.

the context

KRAEMER, 334 U . S . 1 , 68 S.Ct. 836 , 846,92 L.Ed. 1161 (1948). Likewise, the word "person" in

Defendant submits that the right to a "fair trial" stems from both the 5 th and 14th Amendments of the U .S. Constitution and their counterparts in Art. I, Sees. 13 and 19 of the Texas Constitution, and thus is not a right that inures to the State of Texas or its agencies. She requests therefore that the prosecutors acting on behalf of the State of Texas be prohibited from advising the venire that the jurors who serve in this trial will be required to give the State the same right to a "fair trial " as they accord Defendant.

WHEREFORE, PREMISES CONSIDERED, Defendant prays this Motion be GRANTED and that the Court issue its order accordingly. Respectfully submitted,

THE DEFENDER "* lD

Shawna L. Reagin

TBN 16634900

1305 Prairie, Suite 300 1Houston , Texas 770021713.224.1641

Atto rney For Defendant

CERTIFICATE OF SER VIC E

I hereby certif)' that a true and correct copy of the forego ing Motion was hand-delivered to an Ass istant District Attorn ey

assig ned to this case on this the 19 th day of August, 2008.

STATE OF TEXAS VS. EMMA BOVARY

Shawna L. Reagin

IN THE DI STRICT COURT HARRI S COUNTY, TEXAS 178 TH JUDICIAL DISTRICT

ORDER

in Limine to Prohibit the

Prosecutor from Advising the State Has an Equal Right t o a "Fair Trial," and having duly considered same, this Court is of the

opinion sa id Motion should be:

On this th e

day of

, 2008, came on to be heard Defendant's Motio n

Granted I Signed and entered this

Denied

day of

, 2008.

Judge Presiding

BIONAL AND RELIABLE SERVICE :_ Print and Graphic Design Services • Bus in ess Cards
BIONAL AND RELIABLE SERVICE :_ Print and Graphic Design Services • Bus in ess Cards

BIONAL AND RELIABLE SERVICE

BIONAL AND RELIABLE SERVICE
:_
:_
BIONAL AND RELIABLE SERVICE :_ Print and Graphic Design Services • Bus in ess Cards &
Print and Graphic Design Services

Print and Graphic Design Services

• Bus in ess Cards & Letterhead

• Bus in ess Cards & Letterhead

• Manuals & Booklets

• Manuals & Booklets

• Proposals • Annual Reports

• Proposals • Annual Reports

• Large Color Displays & Banners

• Large Color Displays & Banners

• Trial Exhibits • Brochures

• Trial Exhibits • Brochures

Commercial Accounts Available Pickup & Delivery

Commercial Accounts Available Pickup & Delivery

713 . 528 . 1201

1201-F Westheimer, Houston TX 77006

£)~ ~I~+~~4' :k:&A4

£)~ ~I~+~~4' :k:&A4 305 Travis@ Congress Introduces CHAR BAR ':'Shoe Shine ':'Custom Suits

305 Travis@ Congress

Introduces

CHAR BAR

':'Shoe Shine ':'Custom Suits ·:·Two Full Service Bars .:. Repairs & Alterations 'Hull Service Tailor since 1937

713.222.8177 713.227.5867

PROCESS

SERVICE

PLUS

PROCESS SERVICE PLUS ALR Subpoena: Preparation and Service DPS Notification/Witness Fee Paid Harris and Surrounding

ALR Subpoena: Preparation and Service DPS Notification/Witness Fee Paid Harris and Surrounding Counties 24 hr Cell: 281.414.3683 Fax: 713-739-0013 Fast Dependable Service raynusher@yahoo.com

THEDEFENDER] FALL 08 By Hon. Roger Bridgwater The Honorable Roger Bridgwater is Judge of the

THEDEFENDER] FALL 08

By Hon. Roger Bridgwater

THEDEFENDER] FALL 08 By Hon. Roger Bridgwater The Honorable Roger Bridgwater is Judge of the 178
The Honorable Roger Bridgwater is Judge of the 178 th District Court.
The Honorable Roger Bridgwater
is
Judge
of the
178 th District
Court.

ALTERNATIVES

Judge of the 178 th District Court. • • ALTERNATIVES One Judge's Perspective (HCCSCD). This perhaps
Judge of the 178 th District Court. • • ALTERNATIVES One Judge's Perspective (HCCSCD). This perhaps
Judge of the 178 th District Court. • • ALTERNATIVES One Judge's Perspective (HCCSCD). This perhaps
Judge of the 178 th District Court. • • ALTERNATIVES One Judge's Perspective (HCCSCD). This perhaps
Judge of the 178 th District Court. • • ALTERNATIVES One Judge's Perspective (HCCSCD). This perhaps

One Judge's Perspective

Court. • • ALTERNATIVES One Judge's Perspective (HCCSCD). This perhaps is one more indication reflecting the

(HCCSCD). This perhaps is one more indication reflecting the change in philosophy towards more of a "corrections mindset" and away from that of "social worker". Rehabilitation has always been a consideration in

County officials who have begun blaming each other for its determination of sentencing imposed by the District Court

failure. Political analysts cite late campaign efforts. Not one of Judges trying criminal cases and a lack of jail space may

the post-election articles quotes a voter." The writer then opined

escalating imprisonment rates, it is no wonder Sentencing alternatives to incarceration have been

that the voters have spoken. Will the "deciders" understand developed in a number of areas to address violations of

that with"

Along with this Borgman cartoon, appearIng 111 the November 10,2007 Chronicle were three letters to the editor about the defeat of the county jail bond issue. One wrote, "Confusion abounds. The defeat of the jail bond baffles Harris

encourage a closer look at other options.

that ill-timed direct mail is not their biggest problem?"

Another said, "

probationers swiftly and appropriately using a system of graduated sanctions and incentives. Among the first such alternatives was the creation of the STAR (Success Through Addiction Recovery) program, also known as "Drug Court".

Instead of expending taxpayer dollars

for family counseling, education, job treatment and drug treatment, taxpayers spend tens of thousands of dollars per

year to house an inmate." The goal there is to assist non-violent offenders in overcoming While I don't support the accuracy of the drawing or of serious drug addictions. The Judges serving in the Drug

Courts do so on a volunteer basis and in addition to their regular criminal court docket. Defendants from any of the

22 Criminal District Courts

Court and, those fitting the criteria are provided intensive substance abuse treatment with the aid of innovative court supervision and community support services . The success rate has been impressive .

can be referred to the Drug

modicum of the problem .

all the comments, I am concerned that this may accurately reflect many of the public'S perspective as well, if not at least a

Certainly "locking them up IS not the only answer" and the District Court Judges trying criminal cases realize that. The probation department is now known as the Harris County Community Supervision and Corrections Department

LOCKING THEM UP IS NOT THE ONL'I JAIL THERAP't PLACEMENT IN AN IN-PATIENT NEED-BASED FACILlT'I,

LOCKING

THEM UP

IS NOT

THE ONL'I

LOCKING THEM UP IS NOT THE ONL'I JAIL THERAP't PLACEMENT IN AN IN-PATIENT NEED-BASED FACILlT'I, OR
LOCKING THEM UP IS NOT THE ONL'I JAIL THERAP't PLACEMENT IN AN IN-PATIENT NEED-BASED FACILlT'I, OR
LOCKING THEM UP IS NOT THE ONL'I JAIL THERAP't PLACEMENT IN AN IN-PATIENT NEED-BASED FACILlT'I, OR
LOCKING THEM UP IS NOT THE ONL'I JAIL THERAP't PLACEMENT IN AN IN-PATIENT NEED-BASED FACILlT'I, OR

JAIL

THERAP't

PLACEMENT IN AN IN-PATIENT

NEED-BASED

FACILlT'I,

OR REMOVAL FROM

THE

ANSWER

NEED-BASED FACILlT'I, OR REMOVAL FROM THE ANSWER DRUG COURT PROGRAM Change Through Intervention (CTI) is
NEED-BASED FACILlT'I, OR REMOVAL FROM THE ANSWER DRUG COURT PROGRAM Change Through Intervention (CTI) is

DRUG

COURT

FACILlT'I, OR REMOVAL FROM THE ANSWER DRUG COURT PROGRAM Change Through Intervention (CTI) is another
FACILlT'I, OR REMOVAL FROM THE ANSWER DRUG COURT PROGRAM Change Through Intervention (CTI) is another

PROGRAM

Change Through Intervention (CTI) is another supervision tool available to all Criminal Court District Judges, although only in practice in 18 of the 22 courts. CTI is available for use in drug cases as well as for other offenses where it is determined to be appropriate. Being designed for high and

there is a 1 :35 officer to

high-medium risk/ needs probationers

probationer ratio. Currently there are 20 CTI officers and 12 Aftercare officers assigned to the 4 regional offices throughout the county. There is even a CTI Mental Health caseload were supervision is 1 :25 officer to client ratio.

These programs al.low supervision to be much more

intensive, with phase I of CTI requiring a minimum of three

face to face

visits a month . Officers also maintain regular

contact with treatment providers to monitor treatment issues

and progress throughout the program. The Criminal District Court Judge in which the case was filed also meets personally with the CTI probationers every 90

days to evaluate the participants and to provide praise

and incentives where appropriate as well as addressing non-compliance issues with sanctions (that may include a supervisor admonishment, Court admonishment, "jail

therapy", placement in an in-patient need-based facility,

or removal from the program ) other than revocation with sentence to state jailor Texas Department of Corrections Institutional Division.

While there are no hard statistics at this time to show the direct impact of progressive sanctions to the reduction of revocations of probation, in 2007 there was a 14% decrease

for all of HCCSCD. There are several other alternative programs, but they are all limited by funding and, as the legislature allots more funds towards these programs, it is the belief that mOre Sllccess can be seen in this area. The cost of alternative

programs is much less than the

Realize that I do not speak for any court other than the 178th District Court; other judges are as much or more interested and knowledgeable in alternatives then I am. Be creative, be aware of the community supervision options available to the court, learn the court's philosophy, your client's needs and bring options to the Judge other than

revoca tion. Lives are being changed and that goal must remain among the top priorities for attorneys representing offenders, just as it is for the court considering case dispositions.

cost to incarcerate .

Modification of Disposition or Violation of Probation (VOP)

of Disposition or Violation of Probation (VOP) Part 2 I By JoAnne Musick Any disposition, except
of Disposition or Violation of Probation (VOP) Part 2 I By JoAnne Musick Any disposition, except

Part 2 I By JoAnne Musick

Any disposition, except a commitment to TYC, may be modified by the juveni Ie court until the child reaches his 18th birthday or the child is earlier discharged by the court or operation of ~aw. Except for commitment to TYC, all dispositions automatically terminate when the child reaches his 18th birthday. A hearing to modify disposition shall be held on the petition of the child and his parent, guardian, guardian ad litem, or attorney, or on the petition of the state, a probation officer, or the court itself. Reasonable notice of a hearing to modifY disposition shall be given to aJl parties. §S4.04(d). Because any party may petition for a modification, the court is given flexibility to reward good behavior as well as address negative behaviors. Typically, it is the State seeking to modifY disposition because the juvenile is alleged to have violated the terms and

conditions of their probation; however, any party may petition the court for a modification. And, modifications need not always seek additional punishment; a juvenile in compliance may seek to lessen his probation burden or otherwise change his conditions. If the term of probation will expire before the 18th birthday, the probation may be extended. A motion or petition must be filed seeking extension before the probation term expires, otherwise, the court loses jurisdiction to modifY.

Further, if the petition to extend is timely filed, the court must act on the petition to extend before the first anniversary of the

the period of probation expires. 2 And, similar

date on which

to adult court and motions to revoke probation or proceed to adjudication of a deferred probation, the juvenile is not entitled to a jury determination on a modification issue 3

When the State seeks to modi!,)' because of an alleged

violation of probation, it is clear the juvenile is entitled to notice of the alleged violation. Though the family code does not specify what must be included in a petition to modi!,),

disposition, the juvenile attorney should object when the State does not follow the general requirements for a petition for adjudication or transfer. The petition to modify should articulate the conditions of probation the child is aJleged to have violated and the manner and means in which the child is

alleged to have acted in the violation. 4

Notice of the motion to modify must be given to all parties including the child and at least one of the adults in

the child is

entitled to notice; where the child files a motion, the State is entitled to notice. The code states only that reasonable notice shall be given, but it does not specify what is reasonable . 6 This has resulted

in a split among the courts, ranging from 8 days notice to at

least 10 days notice ? Until this conflict is resolved, the proper

remedy is to file a motion for continuance where counsel believes he has not been given adequate notice of the issues

his or her life . 5 Where the State files the motion,

to review social history reports from probation officers,

professional court employees, or professional consultants in addition to the testimony of other witnesses to determine

the appropriate modi fica tion. II

Further, where the modification seeks confinement,

the juvenile is entitled to an attorney. 12 A court making a

finding of indigence shall appoint an attorney to represent the child on or before the fifth working day after the

petition or motion has been filed.

For the judge to modify a disposition and assess additional punishment, the court must find by a preponderance

of the evidence that the child violated a reasonable and

the court . 13 Where the court modifies the

disposition, the court shall specifically state in the order its

reasons for modifying the disposition and shall furnish a copy of the order to the child,l4

IN A SIGNIFICANT RECENT CHANGE TO THE STATUTE, JUVENILES MAY NO LONGER BE COMMITTED TO TYC ON A MODIFICATION, regardless

of their past referral history, unless the underlying case

lawful order of

and time to prepare a defense. If the record does not show

being mod ifi ed is equivalent to a felony offense. IS

when the child was given notice, but the child's attorney

The legislature eliminated the possibility that a misdemeanor

announced ready, did not file a motion for continuance, and

disposition

can

be

modified

to include commitment

the child and his parents were present and fully advised by

to TYC.

the court as to the issues before the court, reasonable notice

is presumed. s To

avoid a waiver of the notice requirement,

proper objections are required.

Once filed, can the petition to modify be amended? Though the code is silent as to the circumstances under

which a petition for modification can be amended, the general principle is that the petition can be amended if that

can be done without substantial prejudice to the juvenile respondent. 9

Interestingly, in modifications other than for placement

in a secure facility for a period longer than 30 days or commitment to TYC, the child and the child's parent or attorney may waive the hearing in accordance with Section

51.09 . 10 However, to place the juvenile in a secure facility,

the court must hold a hearing which cannot be waived.

Once a petition is filed and hearing date is set, a

modification related to a violation of probation is a two-step

process: first, the court must determine whether or not the

child violated a condition of probation; second, if the court

found the violation to be true, the court must determine what to do about the violation. The court wiJl be permitted

what to do about the violation. The court wiJl be permitted And finally, the juvenile has

And finally, the juvenile has the right to appeal

under Section 56.01 (c)( 1 )( C) and challenge the revocation

decision . A finding of a single probation violation supported by evidence is sufficient to uphold a revocation. L6

I

FC §5405.

 

2

FC §54.05(1).

3

FC §54.05(c).

See Te.xas Juvenile Law, Roben O. Dawson (6th Ed. 2004) and In the Matter ot R.A.B ., 525 S.W.2d 892 (Tex.Civ.App . 1975 ), stating a petition to modify dispOSItion IS not unlike a motion to revoke prob ation in adult cases.

4

5

FC §54.05(d ).

 

6

FC §54.05(d).

7

See In the Maner of I. e.,

556

S.W.2d

119

(Tex.Civ.App . -

'Vaco 1977)

and In

th e Matter of M.L.S., 590 S.W.2d 626 (Tex.Civ.App. - San Antonio

1979 ).

8

In the Matter ofO .E.P., 512 S.W.2d 789 (Tex. Civ.App. 1974).

 

9

Texas Juvenile Law, Robert O . Dawson (6th Ed. 2004 ). FC §54.05(h ).

)0

11

FC §54.05(e).

 

12

FC

§51.101(e ).

13

FC

§54.05(f) .

14

F C

§54.05(i).

LS FC §54.05.

 

16

In re T.R.S., 115 S.W.3d 318 (Tex .App. 2003).

 

th~ uti d es

.ABID

.

•• ••

.

••

•••••••

Team HCCLA triumphed again at the Big Brother / Big Sister benefit at Palace Lanes on Jul y 12, 2008. HCCLA soundly beat the numbers posted by Team HBA in both games . Out of the 4-team rivalry of HCCLA, HBA, HYLA and the Justice League, HCCLA bowler Jim Woodward posted the

second-highest score in

Steve Halpert racked up the best score out of the HCCLA and HBA teams in the second game with an impressive 169. The 2008 HCCLA team included Mark Bennett, Steve Halpert, Chuck Stanfield , Jim Woodward, Tom Zakes and head cheerleader, Wendy Miller. Generous sponsors and fans ,, ' ere Jennifer , Veronica and Eric Bennett, Staci Biggar, Troy cKinney, Scott Markowitz and JoAnne Musick. With the incredible support of HCCLA fans and our Exec utive Board , our team rai sed $885.00 for BBBS Amachi Texas

the first game with a masterful 172 .

Mentor Program , which exceeded the 2007 total of $500 .00. It's not too early to start practicing to join Team HCCLA 2009!

Everyone is welcollle.

Without intervention, 700/0 of children of prisoners will follow their parent into prison themselves.

One-t<H>ne mentoring with children who have a parent or relative in prison can help break the cycle of incarceration.

BIg 8rotMrs Big SIsters

of Greater Houston

(713) 271-5683

Help us break the chain. Become a Big Brother or Big Sister today, or recommend us to the family of a child who needs a little guidance.

THE FOLLOWING HARRIS COUNTY CRIMINAL DEFENSE LAWYERS JOIN HER CAMPAIGN STEERING COMMITTEE

JACK B. ZIMMERMANN, GENE JONES, STANLEY SCHNEIDER, ROBERT SCARDINO, CHRIS TRITICO, KENT SCHAFFER, DAN COGDELL, GEORGE McCALL SECREST, TROY McKINNEY, JAY W . BURNETT

and

FORMER REPUBLI CAN PRIMARY CANDIDATE MICHELE SATTERELLI ONCKEN

Geraldo Acosta Jaime Acosta Sam Adamo James Ardoin III John Armstrong Mack Arnold Ju an ita Barner Karen Barney Jennifer Bennett Mark Bennett Dean Blumrosen Nancy Botts Gerald Bourque Lott Brooks Sean Buckley Dick Burr Yolanda Coray David Cunningham

M.

Fox Cu rl

Neal Davis Ni cole DeBorde

Emily Munoz

Rick DeTotO Chris Downey Todd Dupont Danny Easterling Rosa Eliades James T. Fallon III Ami Feltovich Robert Fickman David Fleischer Tyler Flood Phyllis R. Frye Trent Gaither Greg Gladden Lana Gordon Tucker Graves Heather H, Hall Steve Halpert Robyn Harlin Cynthia Henley Mark Hochglaube Bennie House Olivia Jordan

Jennifer Kahn John Kahn Kathryn Kelber David Kiatta Vivian King Richard Kuniansky Tommy LaFon Jim Lavine Robert Loper Blanca Lopez Amy Martin Melissa Martin Farrah Martinez Janie Maselli Patrick McCann Ken McLean Dee McWilliams Jim Medley Sherra Miller Wendy Miller Rand Mintzer Mark L. Mitchell Tyrone Moncriffe

Morris Moon Robert Morrow Earl Musick JoAnne Musick Tad Nelson Alvin Nunnery Sandy Oballe Kim Ogg Kirk Oncken Nancy Oncken George Parnham Dale Pasc hal Richard Patterson Daphne Pattison Robert Pelton Danalynn Recer Carmen Roe Mary Samaan Kyle Sampson Katherine Scardino Josh Schaffer Gran t Scheiner Patty Segura

ALSO ENDORSED BY:

Norm Silverman Amber Skillern Matthew Skillern Aimee Solway James Spradlin Chuck Stanfield David Suhler Jim Sullivan Sunshine Swallers Mark Thering Shandon Tonry Ted Trigg Amanda Webb Russell Webb Mandy Welch Brian Wice Cornel Williams Enid Anne Williams Q . Tate Williams Sarah V. Wood Mark Yanis Terri Zimmermann

HARRlS COUNTY AFL-CIO, GLBT CAUCUS, HARRlS COUNTY DEPUTIES' ORGANIZATION, HARRIS COUNTY WOMEN'S POLITICAL CAUCUS AND THE ASSOCIATION OF WOMEN ATTORNEYS (The only Democrat for a crim inal district co urt bench endorsed by AWA )

Pol. Adv. paid for by the Shawn a L. Reagin for Judge Campaign, in com pli ance with the Judicial Campaign Fairness Act. Mark Bennett, Treasurer, 735 Oxford Street, Houston, Texas 77007

THEDEFENDER] FALL 08 ~race NOTES By Jeremy Sierra ConsUl G Carlos General of M Onz;i/ez

THEDEFENDER] FALL 08

THEDEFENDER] FALL 08 ~race NOTES By Jeremy Sierra ConsUl G Carlos General of M Onz;i/ez A

~race

NOTES By Jeremy Sierra

ConsUl G Carlos General of M Onz;i/ez A A exico 'V1agalJo n ' Danai nn
ConsUl G
Carlos General of M
Onz;i/ez A A
exico
'V1agalJo n '
Danai nn recounts all of
GRACE 's
accon7plishments for the past year
n
Danalynn
Recer leads the crowd in
GRACE staff members

thankIng

Recer leads the crowd in GRACE staff members thankIng June 26, 2008 the Gulf Regional Advocacy

June 26, 2008

the Gulf Regional Advocacy Center [GRACE] held its annual fundraiser benefit dinner at Trinity Episcopal Church. The evening's special guest was Mexico's Consul General, Carlos 1. Gonzalez Magall6n, who presented Danalynn Recer and GRACE with an award commending them for their work through the Mexican Capital Legal Assistance Program. Danalynn and GRACE were fresh off their victory in the Juan Quintero case, where they succeeded against all odds in securing a life sentence for Mr. Quintero, whose wife was also present at the event. The award is a plaque that reads: "TEPANTLATOANI - In honor of the 6th anniversary of the Gulf Region Advocacy Center the Consulate General of Mexico expresses

its sincerest gratitude to Danalynn Recer and the entire staff of GRACE for their tireless efforts in protecting the lives of Mexican nationals." Tepantlatoani means "la'A'Yer" in Nawatl, an indigenous language of Mexico. GRACE also wishes to announce that it is becoming licensed as fact investigators, due to Harris County's singular interpretation of a statute making this a necessary step for GRACE to continue providing its services as mitigation specialists. [No other county in the state has implemented such a requirement, and even in Harris County it is not being applied to all mitigation specialists.] GRACE expects the license to be issued by the end of September.

Welcome

NEW Members

Yong J. An

Rand y Martin

Al a n J. Baer

Carl Moore

She ila Burn e tt

Sarah Mueller

Jacquelyn R. Carpenter

Wilvin J. Carter

Richard K. Oliver

J. Reid Perry II

Clint Davidson

Frank M . Pisano

Paul Doyle

Lenno n Prince

Za chary B. Fertitta

Ramona Franklin -Williams

Terrence Gaiser

Marissa Garcia

J.J. Gradoni

Willard J. HaJl J r.

R .K.

Hansen

Ronald B. Helson

Silvia V. Pubchar a

Javier M . Ramos

Gary A. Roth

Kimberly J. Sam m a n

Matth ew

D . Sharp

Edw ard

P. Sillas

Matth ew A. Skillern

Monique C. Sparks

Gregor y Tsioros

Jacob Henderson

Jane Scott Vara

George Jacobs

Kurt B. Wentz

Joaquin Jimenez

Michael F.

Jules Johnson

Westbrook II

Hope Knight

Bob Wicoff

-

-

CENSORED

CENSORED -­ _
CENSORED
_

.1 CENSORED CENSORED,aI_

--

II Hope Knight Bob Wicoff - - CENSORED CENSORED -­ _ .1 CENSORED CENSORED,aI_ -- REASONABLEDOUBT
II Hope Knight Bob Wicoff - - CENSORED CENSORED -­ _ .1 CENSORED CENSORED,aI_ -- REASONABLEDOUBT

REASONABLEDOUBT

TODDDUPONT

THEDEFENDER] FAll 08

Notes OF Interest

advertising rates:

THEDEFENDER] FAll 08 Notes OF Interest advertising rates: FUll INSIDE PAGE [NON-COVER] - $700.00 per issue

FUll INSIDE PAGE [NON-COVER] - $700.00 per issue I $2,520.00 per year

INSIDE FRONT COVER - $800.00 per issue I $2,880.00 per year

INSIDE BACK COVER - $750.00 per issue I $2,700.00 per year

BACK COVER - $800.00 per issue I $2,880.00 per year

213 PAGE - $600.00 per issue I $2,160.00 per year

1/2 PAGE - $500.00 per issue I $1,800.00 per year

1/3 PAGE - $400.00 per issue I $1,440.00 per year

1/4 PAGE - $250.00 per issue I $900.00 per year

BUSINESS CARD SIZE - $125.00 per issue I $450.00 per year

THE DEFENDER *: 20

IN BECOMING AMEMBER? HCClA -+ Promotes aproductive exchange of ideas and encourages better communication with

IN BECOMING AMEMBER?

HCClA

-+ Promotes aproductive exchange of ideas and encourages better communication with prosecutors and the judiciary. -+ Provides continuing legal education programs for improving advocacy skills and knowledge. -+ Promotes ajust application of the court-appointed lawyer system for indigent persons charged with criminal offenses.

-+

Files amicus curiae briefs in support of freedom and human rights.

APPLICATION

Applicant:

Mailing address:

Telephone:

Fax:

Email:

Website:

Firm Name:

Date admitted to bar:

Law school:

Professional organizations in which you are a member in good standing:

Type of membership:

o

Student ($25 annual fee)

Expected graduation date:

o

Newly licensed (first year) attorney ($75)

o

Regular membership ($150)

Date:

Signature of applicant:

Endorsement:

I, a member in good standing of HCCLA, believe this appLicant

to be a person of protcssional competency, integrity and good

moral character. The applicant is actively engaged in the defense of criminal cases.

Date:

Signature of member:

Member name:

MAILTHISAPPLICATIONTO:

HeCLA P.O . Box 924523, HOllston, Texas 77292-4523

713.227.2404

TEXAS LEGAL PUBLICATIONS "FEATURING THE LARGEST SELECTION OF LAW BOOKS IN TEXAS U PROUDlY SI
TEXAS LEGAL PUBLICATIONS "FEATURING THE LARGEST SELECTION OF LAW BOOKS IN TEXAS U PROUDlY SI

TEXAS

LEGAL

PUBLICATIONS

"FEATURING THE LARGEST SELECTION OF LAW BOOKS IN TEXAS U

PROUDlY SI RVI:--:t; AI [ORNI YS [N

[[ II

S [All

01

TI XAS

Fegturing:

WEST . LEXIS NEXIS . TEXAS LAWYER . TEXAS DISTRICT & COUNTY AnORNEY'S ASSOCIATION . OMNI PUBLISHERS . NHTSA JURIS PUBLISHING . NtTA • JONES McCLURE PUBLISHING . BAKERS PUBLICATIONS COUNCIL FOR LAW ENFORCEMENT & RESEARCH .•• AND MANY MORE

REE SHIPPING ON ALL ORDERS . SP

CIAL ORDERS AVAILABLE

OFFICIAL BOOKSTO RE FOR

TH

D EFEN E LAWYERS AS

TEXAS CRIMI NAL IATION

EXAS LEGAL PUBLICATIONS

3610 FANNIN STR EET

HOUSTO N. TX 77004

7

13 5 2('" '}t))

(I ' )

7 1) 51(d(),)O (I )

5 2('" '}t)) (I ' ) 7 1) 51(d(),)O (I ) PRESORTED STANDARD U.S. POSTAGE PAID
5 2('" '}t)) (I ' ) 7 1) 51(d(),)O (I ) PRESORTED STANDARD U.S. POSTAGE PAID
5 2('" '}t)) (I ' ) 7 1) 51(d(),)O (I ) PRESORTED STANDARD U.S. POSTAGE PAID
5 2('" '}t)) (I ' ) 7 1) 51(d(),)O (I ) PRESORTED STANDARD U.S. POSTAGE PAID

PRESORTED STANDARD U.S. POSTAGE PAID HOUSTON, TEXAS PERMIT NO. 11500

II" ,II, " ill, ,,,II" II" ,,,), J, i " II, I, ," II, I,,,I, I, I, II, II!

T3-84~~%~%~~AUTO~~SCH 3-DIGIT

MS. JOANNE MU S ICK

MUSICK

& MUSICK

LlP

397

HCI!

I::;

N

SAM

·rClr··1

T::-:

HOUSTON

PKWY

(·?060·····;2493

E

STE

770

325