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Co-Directors, the Honorable M.P. "Rusty" Duncan, III 6Th Annual

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Co-Directors, the Honorable M.P. Co-Directors, The Honorable M.P. "Rusty"Duncan, III 6th Annual TCDLA ADVANCED CRIMINAL LAW SHORT COURSE -- -FOR --. THE- --- O 1993 TEXAS CRIMINAL DEFENSE LAWYERS ASSOCIATION ~o~UI~S6 Hats Off to the Rusty Duncan Co-Directors - Deborah A. Gottlieb and Robert A. Price IV 8 In And Around Texas The Legacy of the 73rd Legislature by John Boston 19 Granted Petitions for Discretionary Review 24 Signitlcant Recent Decisions by Cafheriae Greene Burnett News 5 CLE Announcement -The Cayman Islands 10 The Honorable M.P. "Rusty" Duncan, III 6th Annual TCDLA Advanced Criminal Law Short Course 11 Anatomy of a DWI Trial: AView from the Defense by the Superstars 12 Advertisement - Professional Liability Insurance 39 Publications 13 Happy Holidays from Crime Stoppers by Mark G. Daniel 15 Introduction to the Parallel Civil and Criihinal Prosecution of Industrial Espionage - Part 3 by Michael P. Lynn 20 Summary of Significant Decisions of the Courts of Appeals by Roy E. Greenwood 22 How to Conduct a Meaningful & Effective Voir Dire in Criminal Cases -Part 4 by Cathy E. Bennett and Robe* B. Hirschhorn 29 Search and Seizure Under State and Federal Law -Part 10 by Jade Malye Meeker VOICE FOR THE DEFENSE EDITORS DIRECTORS Editor, Voice for the DeJkse Cecil W Bain, San Antonio Chuck lanehart, Lubbock FitzGerald, Kerry P.-Dallas Nancy B. Barohn, San Antonio Jim E. lavine, Houston Editor, "Significant Roy R Barrera, Sr., San Antonio Randy T. Leavin, Austin Decisions Report" Tom Berg, Houston Peter A Lesser, Dallas Burnett, Catherine Green* Deborah Gottlieb, Houston BNC~A Martin, Wich~taFalls Jeff Blackburn, Amarillo Houston Carlton Mclarty, Lubbock Betty Blackwell, Austin John H. Miller, Jr., Sinton Stan Brown, Abllede Rod Ponton, El Paso Charles E. Chatman, Sherman Robert A. Price N, Sari Antomo EDITORIAL BOARD Maty E. Conn, Houston George Roland, McKinney David Cunningham, Houston James C Sabalos, Houston Chairman Mark G. Daniel, Ft. Worth Kent Alan Schaffer, Houston Files, F.R. "Buck, Jr.-Tyler F R "Buck" F~les,Tyler Jack V. Strickland, Port Worth Jan Woodward Fox, Houston Robert Gregory Turner, Houston Vice Chahmen Michael P Heiskell, Fort Worth Martin Undetwood, Comstock Jones, Knox Robert C. Hinton, Dallas Kyle Welch, McAllen Past President 1986 87-McAllen Robert B. Hlrschhorn, Galveston Royce B. West, Dallas Miller, Judge Chuck- Keith E. Jagmin, Dallas William A. White, Austin Cout of Criminal Appeals Gist, Judge Larry-Beaumont ASSOCIATE DIRECTORS Members Allison, William P.-Austin Scott M Anderson, Dallas Danlel (Dan) W. Hurley, Lubbock Baird, Judge Charles F "Charlie"- Galy J. Cohen, Austin J. Craig Jett, Dallas Court ofCriullnal Appeals James 0. Darnell, El Paso C J. Bagwell-McElroy, Amarillo Blackwell, Betty-Austin J- Pink Dickens, Plainview E. Dale Robertson, BrownsviIle Blau, Charles \V.-Dallas Jeff Haas, Tyler Barney W Sawyer, Paris Botsford, David L-Austin John Hrncir, San Antonio J. Gary Trichter, Houston Brown, Cliff-Lubbock Burnett, Judge Jay-Ilouston Butts, CharlesSan Antonio Clinton, Judge Sam Houston- PAST PRESIDENTS Court of Criminal Appeals Richard Alan Anderson Robert D. Jones Gandy, Judge Manhall-Dallas Dallas (1991-1992) Austin (1980-81) Hannah, John-Tyler Tim Evans Vincent Walker Perini Herskell, Mike-Fort Worth Fort Wort11 (19N 1991) Dallas (1979-80) Hirschhorn, Robert B.--Galve$ton Judge J.A. 'YJim" Bobo George F. Luquette* McDowell, Judge Pat-Dallas Odessa (1989.1990) Houston (1978.73) Moms, E. G. "Gerry3'-Aushn .Edward A. MaUett Emmett ColvIn Ponton, Rod-El Paso IIousron (1988.89) Dallas (1977-78) Rawitscher, Jack-Houston Charles D. Butts Weldon Holcomb Seymore, Professor Malinda- San Antonio (1987-88) Tyler (1976-77) Dallas/Fort Worth School of law Knox Jon? C. David Evans' Steele, Professor Walter- McAllen (1986-87) San Antonio (1975-76) SMU School of law Louis Dugas, Jr. George E. Gikerson Strickland,Jack V.-Fort Worth Orange (1985.86) Luhbock (1974-75) Sweeney, John-Port Worth Cl7fton L. "Scrappy" Holmes PhilBurleson Tl~omas,Judge Linda- Longview (1984-85) Dallas (1973.74) Court of Appeals, Dallas Thomas G. Sharpe,Jr. C. Anthony Friloux,Jr. Tomko, Edwin J.-Dallas Brownsville (1983-84) Houston (1972-73) Whlte, \Villiam A "Billn-Austin Clifford W. Brown Frank Maloney Lubbock (1 982-83) Austin (1971-72) Charles M. McDonald Wac0 (1981-82) Executive Director 1992-93 OFFICERS John C. Boston Attorney/Editor President SecondVice-President Susan Goggan Gerald H. GoldsteinSan Antonio Bill Wischkaemper-Lubbock AdmMstrative Assistant President-EIeet SecretaqYTreasurer Lillian Summarell David R. Blres-Houston David I. Botsford-Austin Membership Secretary First Vice-President Assistant Secretary/Tieasurer Shannon M. Mclntosh Ronald L. Goranson -Dallas E.G. "Gerry" Morris VOICE FOR THE DEFENSE I CONTINUING LEGAL EDUCATION 1 Tentative Seminar Schedule 1993 June 17-19,1993 FRIENDS Board Meeting September 30-October1,1993 The Honorable M.P. "Rusty" TCDLEI Board Meeting TCDLA Advanced Federal Law Duncan, 111 The Plaza Short Course 6th Annual TCDLA ADVANCED New Orleans, LA CRIMINAL LAWSHORT COURSE July 15-16,1993 San Antonio CDLP Skills Course October 21-22 Denton CDLP Skills Course June 18,1993 So. Padre Island TCDLA President's Ball July 29-30 CDLP DWI Defense Seminar November 18-19 June 19,1993 Dallas CDLP Skills Course TCDLA Annual Meeting To be determined TCDWCDLP Executive August 19-20,1993 Committee Meetings CDLP Skills Course, Denton Join us for the SECOND ANNUAL TEXAS ADVANCED CRIMINAL LAW SEMINAR GRAND CAYMAN ISLAND July 4-11, 1993 CLE APPROXIMATELY 10 HOURS Travc$1 arr angernents through Buck Royal Travels, Inc., Austin, Texas. Cost of $669 per person based on double occupancy includes: Roundtrip charter air out of DFW, 7 nights standard room accommodations at the Ramada Treasure Island Hotel, hotel taxes, roundtrip airportlhotel transfers, and departure tax. Contact Sandra or Charlie at 5121346-1340 or 1-800-856-1340. JOURNAL OF THE TEXAS CRIMINAL DEFENSE LAWYERS ASSOCIATION VOICEfor N~eDefense(ISSN 0364-2232) is published regularly by the Texas Criminal Defense Lawyers Association, 600 W. 13th Austin, Texas 78701, (512) 478-2514, FAX No. (512) 469-9107. Annual subscription rate for members of the association is $100, which is included in dues. All articles, contributions and advertising inquiries should be addressed to the editor, Keny P. FitzGerald, Attorney at Law, Two Turtle Creek Village, Sdte 1700 Dallas, Texas 75219.4537, (214) 528-0044. 5 Once again, a high profile lineup has been recmited to put on the Honorable M.P. 'rRusty" Duncan 111 6th Annual TCDLA Advanced Criminal Law Shost Course which is beingheld in SanAntonio thismonth. The speakers were carefully chosen and their matalals should prove excellent. Behind the scenes this year were our undaunted, fearless leaders: Co- Directors Deborah A. Gottlieb and Robert A. Price IV,to whom all of us owe a huge vote of thanks for all of their work, I know that spearhead- ing this effort has consumed their time and energies, and will continue Hats Off to the to do so throughout the entire insti- tute. I would like to do more than just give passing reference, however, to Rusty Duncan our two co-directors. Each of them deserves more. So . here is a little Co-Directors information about each. Deborah Gottlieb and Robert Price deserve kudos for a well-planned event. DeborahA. Gottlieb has been a palmer in the Houston firm ofT11m and Gottlieb since 1979 and also selves as adjunct judge inthe County Criminal Court #9 of Harris County. Deborah is a 1972 graduate of Mills College in California and earned her masters in linguistics/rhetoric from the University of California in Ber- keley in 1974. In 1979 she received her law degree from South Texas - - VOICE FOR THE DEFENSE College of Law. Her professional activities include serving as treasurer of the Hallis County C~ninalLawyers Associa- tion, as an officer of the Texas Womans Legislative Watch, and as a member of the National Association of Criminal Defense Lawyers. She is also on the Board of Ditwtors of the Texas Criminal Defense Lawyers Association and is a frequent lec- turer on aiminal law issues. Famous cases she has defended include StateofTivs.Ro&nHaod (juvenilechargedwithover 15 counts of aggravated robbery resulting in probation); "The Mr. Jake Case," which involvedover 100,000pounds of ma~ijuana;and numerous murder cases involving "battered wi€e/fe- male syndrome" with defense re- sulting in either not guilty or proba- tion. She repons that she is currently getting hammered in federal court on drug cases on a regular basis. also licensed in the United States District Court, Western District of Texas; United States Court of Ap- peals-5th Circuit; and the United been a criminal defense artorney in States Supreme Court. private practice. He has been Board Robert is the editor of the current Certified in Criminal Law since 1979 edition of the criminal law manual is and currently on the Texas Board used for the "Nuts and Bolts Practice of Legal Specialization CriminalLaw Skills Course" published by the State Advisory Committee. Bar of Texas. Robert is a past president of the He is also currently on the Board San Antonio Bar Association (1985- of Directors of the Blue Star Art 86) and was on the Board of Direc- Space, showing contempo~~rlryal- tors of the State Bar of Texas from temative art; the Board of Directors 1987 to 1990. He is cun'ently of of the Friends of the McNay Alt &MA.M#IVgraduatedfrom Chairman of the Board of the San Museum, and his last and greatest Thomas Jefferson High School in Antonio Bar Foundation, which on achievement is being crowned King San Antonioin 1965;graduatedfrom Law Day =cognized FBI Director Anchovy of Cornyation at the Fiesta- the University of Texas in Austin William Sessions. 1993 in San Antonio. with a bachelor am in 1968; and Most impo~rantly,he is on the received his J.D.
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