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October 2014 FOR THE DEFENSE Volume 43 No. 8 | October 2014 Frank Sellers | Winning Opening Statements p. 20 Chuck Lanehart | LCDLA Celebrates 35 Years p. 26 Wesley Shackelford | Case Loads for Indigent Defense p. 37 Register online at www.tcdla.com Friday Thursday DWI Trial Tactics and Ideas DWI Hot Issues Case Law • David Guinn Update • Adam Kobs How to Win a Blood Draw Advanced Discovery: What Case: Blood Disconnect You Really Need From Defense • Mark Law Enforcement • James Thiessen Reeves How to Win a Breath ALR Issues: Appeal, Appeal Case: Breath Discon- Briefs, Petitions for Oc- nect Defense • John cupational License, etc. • Geofreddi John Fox Cross-Examination of the McNeely Issues and Lab Analyst in Blood Preserving Error in DWI Cases • Amando Peña Cases • Michael Mowla Cross-Examination of the Scientific Blood Discovery Arresting Officer, BTO, Defenses • Gary Wimbish and TS • Steve Gonzalez Ten Essential Things You Ten Essential Things You Need to Know About the Need to Know About Blood Lab • Tad Nelson DWI Sentencing • Betty DWI Voir Dire for Breath Blackwell Cases and for Blood Collateral DWI Issues: TDL Cases • Robert Swafford Suspension, DPS Sur- Cross-Examination charge, etc. • Stephen Tools for the Blood-Draw 10th Annual Hamilton Nurse • Amber Spurlock Ethics • Ron Bunch Stuart Kinard Memorial Advanced DWI Seminar This seminar is designed to provide attorneys with the valuable tools necessary to successfully handle all aspects of a DWI blood case or DWI breath case. This course will provide advanced information regarding all aspects of ALR hearings and DWI blood draw cases and breath cases to include essential discovery areas, attacking blood draw warrants, basics of blood testing, blood disconnect defense, DWI jury selection, crucial areas for cross-examination of law enforcement and experts at a DWI trial, essential DWI sentencing issues, and collateral DWI issues such as the DPS surcharge. November 6–7, 2014 Menger Hotel San Antonio, Texas Michael Gross, Adam Kobs & Mark Stevens Course Directors EDITOR Michael Gross San Antonio, Texas 210-354-1919 [email protected] ASSISTANT EDITOR Grant Scheiner Houston, Texas 713-783-8998 Contents [email protected] SIGNIFICANT DECISIONS REPORT EDITOR Kathleen Nacozy 512-507-0115 Features [email protected] DESIGN, LAYOUT, EDITING Craig Hattersley Winning Opening Statements TCDLA Home Office 512-646-2733 Frank Sellers [email protected] 20 TCDLA OFFICERS: President A History of Accomplishment: Emmett Harris | Uvalde Lubbock Criminal Defense Lawyers President-Elect 26 Sam Bassett | Austin Association Celebrates 35 Years First Vice President Chuck Lanehart John Convery | San Antonio Second Vice President Managing Attorney Case and Work David Moore | Longview Loads to Improve Indigent Defense Treasurer 37 Mark Snodgrass | Lubbock Wesley Shackelford Secretary Kerri Anderson-Donica | Corsicana General Counsel Patricia J. Cummings | Austin [email protected] Columns Executive Director Joseph A. Martinez Executive Director’s Perspective 512-646-2726 9 [email protected] 11 Ethics and the Law DIRECTORS Off the Back Susan Anderson, Dallas Carole Powell, El Paso 13 Marjorie Bachman, Austin Bennie Ray, Austin Federal Corner Heather Barbieri, Plano R. H. “Ray” Rodriguez Jr., Laredo 15 Rick Berry, Marshall Sarah Roland, Denton 18 Said & Done Fred Brigman III, San Angelo John Hunter Smith, Sherman Clint Broden, Dallas Edward Stapleton III, Brownsville Stuart Kinard Memorial Jim Darnell Sr., El Paso Clay Steadman, Kerrville Nicole DeBorde, Houston George Taylor, San Antonio Departments Emily Detoto, Houston Gary Udashen, Dallas Advanced DWI Seminar Robert Fickman, Houston Oscar Vega, McAllen 4 TCDLA Member Benefits Donald Flanary III, San Antonio Coby Waddill, Denton Stephen Gordon, Haltom City Jani Maselli Wood, Houston 5 CLE Seminars and Events Deandra Grant, Richardson Michael Gross, San Antonio Associate Directors 41 Significant Decisions Report Melissa Hannah, Lufkin Roberto Balli, Laredo Theodore Hargrove III, San Angelo Bobby Barrera, San Antonio Jo Ann Jacinto, El Paso Curtis Barton, Houston Steve Keathley, Corsicana Michael Head, Athens Laurie Key, Lubbock Susan Kelly, Waco Jeanette Kinard, Austin Bradley Lollar, Dallas Adam Kobs, San Antonio Louis Lopez Jr., El Paso November 6–7, 2014 Michael McDougal, Conroe Hiram McBeth, Dallas George Milner III, Dallas Audrey Moorehead, Dallas Angela Moore, San Antonio Jeremy Rosenthal, McKinney Menger Hotel Anthony Odiorne, Burnet David Ryan, Houston David O’Neil, Huntsville Frank Sellers, Lubbock San Antonio, Texas Stephanie Patten, Fort Worth Monique Sparks, Houston Oscar Peña, Laredo Courtney Stamper, Waxahachie Michael Gross, Adam Kobs Bruce Ponder, El Paso Mark Thiessen, Houston Volume 43 No. 8 • October 2014 Voice for the Defense (ISSN 0364‑2232) is published monthly, except for January/February and July/August, which POSTMASTER: Send address changes to Voice for the Defense, 6808 Hill Meadow Drive, Austin, Texas 78736. are bi‑monthly, by the Texas Criminal Defense Lawyers Association Inc., 6808 Hill Meadow Drive, Austin, Voice for the Defense is published to educate, train, and support attorneys in the practice of criminal defense law. & Mark Stevens Texas 78736. Printed in the USA. Basic subscription rate is $40 per year when received as a TCDLA member CONTRIBUTORS: Send all feature articles in electronic format to Voice for the Defense, 6808 Hill Meadow Drive, benefit. Non‑member subscription is $75 per year. Periodicals postage paid in Austin, Texas. Dues to TCDLA Austin, Texas 78736, 512‑478‑2514, fax 512‑469‑9107, c/o [email protected]. are not deductible as a charitable contribution. As an ordinary business expense the non‑deductible portion of Statements and opinions published in the Voice for the Defense are those of the author and do not necessarily rep‑ membership dues is 25% in accordance with IRC sec. 6033. re sent the position of TCDLA. No material may be reprinted without prior approval and proper credit to the Course Directors mag a zine. © 2014 Texas Criminal Defense Lawyers Association. 4 Membership Benefits 4 Strike Force (assistance to aid lawyers threatened with or incarcerated for contempt of court) Chair Darlina Crowder Gary Udashen David Botsford Oscar Peña Reagan Wynn Matthew Goeller David Frank Sheldon Weisfeld Co-Chair Nicole DeBorde Rick Hagen District 7 Keith Hampton Richard Weaver Buck Files District 13 District 1 Don Wilson Craig Henry District 10 Mike Aduddell Jim Darnell Randy Wilson Scrappy Holmes Don Flannery Travis Kitchens Mike R. Gibson Tim James Gerry Goldstein James Makin Mary Stillinger District 5 Frank Long Michael Gross Larry McDougal Scott Brown Bobby Mims Michael McCrum District 2 Mark Daniel David E. Moore Cynthia Orr District 14 Tip Hargrove Michael Heiskell Barney Sawyer Danny Easterling H. W. Leverett Larry Moore District 11 Robert Fickman Greg Westfall District 8 Harold Danford JoAnne Musick District 3 Kerri Anderson-Donica Emmett Harris Katherine Scardino Jeff Blackburn District 6 Michelle Esparza Angela Moore Grant Scheiner Dan Hurley Richard Anderson Steve Keathley Clay Steadman Stan Schneider Chuck Lanehart Clint Broden Michelle J. Latray George Secrest Bill Wischkaemper Ron Goranson District 12 Bob Hinton District 9 George Altgelt District 4 George Milner III Sam Bassett Joe Connors Heather Barbieri Kevin Ross Betty Blackwell Bobby Lerma State Motions CD—Newly updated! TCDLA Discounts New members will receive a comprehensive CD of state forms and Receive significant discounts on CLE seminars and TCDLA publica‑ motions, including DWI, post‑trial, pretrial, and sexual assault mo‑ tions. Discounted liability insurance with Joe Pratt Insurance. tions. TCDLA Logo for Member Use Brief, Motion, and Memo Bank Camera‑ready art of the TCDLA logo is now available for use on A library of the collected tools of the trade from some of the top business cards, websites, etc. criminal defense lawyers in the state. Membership Certificate Listserves Display your TCDLA membership with pride! New members will re‑ A partnership to engage community members in areas of significant ceive a personalized certificate by mail. Members of 25 years receive decisions, legislative and capital issues/updates, upcoming seminars a special certificate. and events, and more . Legislature Sprint Discount A team of lobbyists involved in the legislative effort and keeping Sprint has changed the process in how to receive their 15% discount. members up to date. Please fill out the verification form and fax to TCDLA at 512.469.0512 or email to [email protected] and TCDLA will have it submitted to Ethics Hotline Sprint. If you have a question about ethics in criminal defense law, call the hotline at 512‑646‑2734 and leave a message. You will receive a call Enterprise Car Rental or several calls within 24 hours. Ten percent discount for members. Enterprise is the largest rental car company in North America in terms of locations and number of cars, Updated iPhone/iPad/Droid/Windows 7 App while providing the highest level of customer service. The corporate An entire library of criminal codes and statutes in the palm of your account number for TCDLA members is 65TCDLA. You may contact hand. your local office directly or visit www.enterprise.com. When booking Voice for the Defense magazine—print and online online, enter your location, date, time, & the corporate account number. A subscription to the only statewide magazine written specifically for You will then be asked for your discount ID, which is the
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