2020 VOLUME 2

501970-2020 YEARS STRONG COVID 19 INFORMATION & UPDATES HCCLA.ORG/COVID19/ 1970-2020 50 1.5 CLE

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AGAINST GOVERNMENT AND JUDICIAL OVERREACH. GOVERNMENT AGAINST Celebrating VIRTUAL HAPPY HOUR CLE :: :: CLE HOUR HAPPY VIRTUAL THE HARRIS COUNTY CRIMINAL LAWYERS ASSOCIATION IS THE ASSOCIATION CRIMINAL LAWYERS THE HARRIS COUNTY STATES, CRIMINAL DEFENSE BAR IN THE UNITED LARGEST LOCAL OF IN DEFENSE MEMBERS ENGAGED WITH MORE THAN 700 ACTIVE FOR 50 YEARS, HAS, HCCLA OF CRIMINAL ACTS. CITIZENS ACCUSED AND REFORM, JUSTICE CRIMINAL JUSTICE, CRIMINAL FOR STOOD are you staying you are DATE TO UP WITH Join us online for Safe On-Demand us online for Join Virtual CLE programs. FIND MORE DETAILS ONLINE hccla.org/calendar

2 THE DEFENDER / 2020, VOLUME 2 WHAT’S INSIDE 2020, VOLUME 2

STAY UP TO DATE WITH HCCLA EVENTS CELEBRATING 50 YEARS OF HCCLA 2

OFFICERS, BOARD OF DIRECTORS 4 PAST PRESIDENTS

A WORD FROM YOUR OUTGOING PRESIDENT 5 BY NEAL DAVIS A WORD FROM YOUR INCOMING PRESIDENT 6 BY MARK THIESSEN

STAY UP TO DATE COVID-19 RESOURCES 7

HCCLA NEWS ROUND UP 8 WELCOME NEW MEMBERS 8 8 CONGRATULATIONS AWARD WINNERS WINNING YOUR CASE THROUGH GREAT PREPARATION & THIS CHECKLIST 9 BY JACK & TERRI ZIMMERMANN

BEST PRACTICES FOR ZOOM COURT PROCEEDINGS 11 BY GRAHAM SUTLIFF

HCCLA ETHICS COWBOY UP THE TRAINS WILL RUN AGAIN 15 BY ROBERT PELTON

PRACTICAL HANDGUN LAWS AND DEFENSES IN TEXAS 19 BY RONNIE YEATES

MAKING CASES INTO MOTIONS BY PATRICK F. McCANN 25

KEEPING THE JUSTICE SYSTEM GOING DURING THE COVID-19 PANDEMIC 29 BY MARILYN BURGESS HARRIS COUNTY DISTRICT CLERK C. ANTHONY FRILOUX FRILOUX C. ANTHONY KINARD STUART LUQUETTEGEORGE TEAGUE MARVIN O. DICK DEGUERIN HOUSE, JR. W.B. R. BIRES DAVID DENSEN WOODY WILL GRAY A.EDWARD MALLETT GARCIA CAROLYN JACK B. ZIMMERMANN WILLIAMS CLYDE ROBERT PELTON CANDELARIO ELIZONDO ALLEN C. ISBELL MITCHAM DAVID JIM E. LAVINE RICK BRASS MARY E. CONN KENT A. SCHAFFER COGDELL DAN JIM SKELTON PARNHAM GEORGE J. MCINNIS GARLAND D. ROBERT A. MOEN OLIVER LLOYD EASTERLING DANNY HILL WAYNE RICHARD FRANKOFF MCKINNEY TROY W. CYNTHIA HENLEY G. SCHNEIDER STANLEY WENDELL A. ODOM, JR. FICKMAN ROBERT J. MCCANN F. PATRICK MARK BENNETT JOANNE MUSICK NICOLE DEBORDE MUSICK EARL D. CHRISTOPHER L. TRITICO II TODD DUPONT, T.B. CARMEN M. ROE JOANNE MUSICK TYLER FLOOD TUCKER GRAVES DOUG MURPHY 1971-2020

past presidents past BRENT MAYR MCKINNEY TROY NEWMAN MURRAY TODD OVERSTREET II PARRISH DAMON SARA RICHEY JULIO VELA J. WOOD SARAH V. BOARD OF DIRECTORS ALFORD MATT BIGGAR STACI INGER CHANDLER SEAN DARVISHI CHRISTOPHER DOWNEY FERRELL KATE HAYNES GEMAYEL HENNIGAN NATHAN MARIO MADRID

DAVID RYAN DAVID TREASURER JUSTIN C HARRIS PRESIDENT PAST NEAL DAVIS PRESIDENT MARK R. THIESSEN PRESIDENT ELECT JOE VINAS VICE-PRESIDENT JED SILVERMAN  SECRETARY  ADS & DISTRIBUTION ROBERT PELTON CHRISTINA APPELT  DESIGN & LAYOUT BROCHURE BUILDERS BRANDI  DELOACH WWW.BROCHUREBUILDERS.COM the defender  PUBLISHER HCCLA EDITOR ROBERT PELTON Hccla officers & board Hccla officers & 2020-2021

4 THE DEFENDER / 2020, VOLUME 2 reality isclear—a MACis coming sooner or later, in HCCLA regarding thewisdomofaMAC, Regardless ofsomedissension withinourranks and willremain,steadfast inoursupportofMAC. the program. However, to be clear, we have been, reservations andconcernsaboutcertaindetails of Commissioner’s Court andtojudgesexpressing Regarding MAC,HCCLA sentaletter totheCounty COVID-19 pandemic. overhaul courtappointmentsand,ofcourse, the Assigned Counsel (MAC) program to completely superseded by two unexpected events: the Managed diversity in HCCLA. Butourplans were deferred prosecutionprograms)toincreasing not excludedfromcite-and-release(orother of HCCLA,fromensuringdefenselawyerswere We hadlotsofplanswhenIassumedthepresidency “Man Plans,andGodLaughs. is an old Yiddish adage meaning, “Mann Tracht, UnGottLacht” a wordfromyour past president MAN PLANS God Laughs ”

debt ofgratitude. have done it without them, and we owe them a huge Thiessen fortheirinvaluable assistance.Icouldnot Joe Vinas, DamonParrish,JustinHarris,andMark McKinney, MarkBennett,Sarah Wood, DavidRyan, in particular want to thank Robb Fickman, Troy relied onouroutstandingBoardofDirectors, and Being Presidentisnotaone-personjob.Ihave testimony. masks, andeveryoneinthesameroom.Noremote jury trialsinanywayexceptperson,without we mustresisttoothandnailanyeffort toconduct integrity ofourcriminaljusticesystem. That means force jury trials on defendants that impinge on the vigilant incourts’ attemptstore-opentoosoon,or almost everyappearanceviaZoom. We mustremain courts andtheyeventuallyrelented permitted Regarding COVID-19,HCCLA sentletterstothe voice heardandconsidered. and HCCLA shouldmakeitsbestefforts tohaveits Neal Davis

STAY UP TO DATE ABOUT COVID-19 WITH HCCLA @ HCCLA.ORG/COVID19 2020, VOLUME 2 / THE DEFENDER 5 Right now, the most important question facing us is how us is how the most important question facing Right now, What is safe manner? do we accomplish our goals in a it look like after the our “new normal” and what will protect our client’s Covid-19 pandemic? How can we assuring the safety constitutional guarantees while also comes through the of every member of the public that have answers to we don’t courthouse doors? Right now, working on it. some of those questions, but we are be heard. HCCLA’s I am asking you to let your voice highly intelligent Board of Directors is a diverse and group of 23 talented lawyers. I look forward to handling daily issues as they arise. The Board is already us all. fighting along side this Board to protect We challenges. The next year will be full of many and District judiciary have ongoing dialogue with the Attorney’s office. This has not always may be beenWe so we are encouraged about the future. case, the two separate teams and a referee; but we are finally all working together toward justice. Churchill *possibly* said, “If you’re going Winston As through hell, keep going.” I took the helm in the middle of this pandemic and we have to push through unchartered perfect. not am I year. this mistakes make will I territory. I cannot appease everyone. But, I promise to never back down from a fight for our membership and never give Directors Board of HCCLA the engage to promise I up. It is worries and concerns. and listen to our members’ to Emergency of State latest the use can we that hope my regroup and to keep the Harris County Criminal Lawyers Texas. Association the greatest local bar in Mark Thiessen from a word president your Second, I would like to thank our past president, Second, I would like to thank our past president, Neal Davis. He had a wonderful and productive term. Although he encountered a global pandemic during his term, he met every challenge with dignity and class. He has left me big shoes to fill, and I look forward to I wanted to thank all HCCLA the Additionally, challenge. They are women and men that I look up Past Presidents. to and admire. I will need their help and direction facing 50th year. HCCLA’s In furtherance of that goal, I want you all to know that you all to know that In furtherance of that goal, I want 2) I will stand up and to your concerns; listen 1) I will fight for our members; and 3) I will pour my heart and soul into this position. My cell phone is (832) 654-3058, questions member’s and I want to be available for every many hats wear you. I serve to am here I concerns. and be always will Houston but organizations, for different my home, and this presidency is my number one priority. Every and obligation. will be my primary focus HCCLA decision I make this year will always be to benefit the membership of HCCLA. First, I would like to thank everyone that voted for me that voted for me First, I would like to thank everyone of HCCLA. I’ve and allowed me to become the President since 2006 and am honored been a member of HCCLA is one of the HCCLA to lead this powerful organization. Texas defense bar associations in local criminal largest this year is to make and the nation. My primary goal for even stronger and invite each and every member HCCLA and participate of the criminal defense bar to contribute in HCCLA.

6 THE DEFENDER / 2020, VOLUME 2 GO ONLINETO HCCLA.ORG/COVID19 jails and more asitbecomes available. our website updated onthestatus of courts, update ourmembers regularly. We will keep continue to monitor thesituation and evolving situation, so we will remain vigilant, the outbreakof COVID-19. This is a rapidly the criminalbarand theirclientsthrough At HCCLA, we arecommitted to helping COVID 19 FACE COVERINGS REQUIRED INALL (THROUGH AUGUST 26) COURTHOUSES STAY UP TO DATE

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8 THE DEFENDER / 2020, VOLUME 2 2 1 investigation Initial Client Interview Through Great Preparation Winning YourCase INTERVIEW WITNESSES WITHAPROVER VISIT &DOCUMENT SCENE WITH APROVER Cera Thornton POINTOFCONTACT Cell PhoneInfo, TCOLE Training OBTAIN DISCOVERY ANSWER CLIENTQUESTIONS DISCUSS CLIENT’SREACTION TO ALLEGATIONS DISCUSS CLIENTBACKGROUND Burden of Proof, Timelines Elements, MaxPun,Presumptionof Innocence, THEPROCESSEXPLAIN SHARE YOUR BACKGROUND ATTORNEY-CLIENTEXPLAIN PRIVILEGE HAVE ANAGENDA &EXPLAIN & LearnAbouttheCase Build Trust, ExplaintheProcess to Client, OBJECTIVES » 512-936-7763 [email protected] [email protected] Austin, Texas 78723 6330EastHwy290|Suite 200 Texas Commission onLaw Enforcement PublicInformation Coordinator records, andyou willgetafreereportsoon. Includeofficer’s nameandagency,requesttraining Sendemailto [email protected] All Offense ReportswithExhibits,Lab Documentation,

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CONTINUED : WINNING YOUR CASE CHECKLIST

THE DEFENDER / 2020, VOLUME 2 10 justice moving. to innovateandkeepthe wheelsof virtual substitutes, for continuing part inlearningandmastering these and everyoneelsewho is taking clients, thoseinthelegal industry, We commendjudges,counsel, our clientsandthelegalsystem. to obligations our fulfill to continue quickly anddramaticallyinorderto that isresistanttochangeadapt challenges haverequiredanindustry in manyforms.Forlitigators,these have presenteduniquechallenges Place Ordersissuedacrossthecountry The Stay-At-HomeandShelter-In- BEST PRACTICESFOR COURT PROCEEDINGS Zoom proceeding. and professionallyparticipate ina logistical detailsofhowto effectively is nowfacedwithhandling the has beengiven,thelegalcommunity means forconductingproceedings be conductedremotely. While the proceedings, exceptforjurytrials, recommends thatmostnon-essential judges. Additionally, theOCA is availabletoallStateof Texas a Zoomcontractandlicense Administration (OCA)secured Court of Office Texas,the In States. throughout Texas andtheUnited new normforalltypesofproceedings Video conferencinghasbecomethe BY GRAHAMSUTLIFF

of freeplan. GoToMeeting donotoffer any type comparison, competitors suchas for anannual,singlelicense). In $149.90 (i.e. inexpensive relatively and itssubscriptionservice is that providesanumberof features, effectiveness. Zoomhasafreeoption video conference option is its cost- Zoom seemstobesuchapopular One ofthemainreasonswhy ZOOM FORYOURPRACTICE FIRST THINGS FIRST--SETTING UP best manner. to helpyoupresentyourcaseinthe Several bestpracticeshaveemerged

11 STAY UP TO DATE ABOUT COVID-19 WITH HCCLA @ HCCLA.ORG/COVID19 2020, VOLUME 2 / THE DEFENDER

can add anything you think can add anything you think help, we To would look the best. of have created a photo gallery professional, license-free images that you can download and use have We for yourself. Click here. also set out instructions on how to download and upload the images to your Zoom account. If you want to use a virtual use a virtual If you want to need to test it to background, you want to use will see if the space you cluttered A need a green screen. background makes it difficult for the you from technology to differentiate around you. In what is behind and will need a green this situation, you background. screen to use a virtual There are many options for screen online, but green purchasing a purchase inexpensive you can also or options like a green poster board a make your own screen by painting sheet or piece of cardboard. not are clothes your that sure be Also, the same color as your background (e.g. green shirt with a green the become will you or background) invisible person. The process of adding a virtual background is very easy and you 2. SUBMITTING AND For court proceedings, each court will likely have its own rules about how to present documents. Some courts have used Dropbox to allow attorneys to share evidence, but many others prefer email. Be sure to call the Court prior to your hearing to determine how the Court handles Some evidence. of presentation the judges can manage the exhibits themselves and share their screen on Zoom when exhibits are used. If, on the other hand, you are required PRESENTING DOCUMENTS PRESENTING DOCUMENTS rooms. This has become a necessity This has become a necessity rooms. (a form of because of Zoombombing are generally hacking). Recordings official only the because discouraged proceeding should record of a court by the Court be the one produced several courts Additionally, Reporter. chats be avoided are advising that private altogether or prohibiting This is in response to the chats. discovery that messages that were sent in a private, person-to-person by mode, can actually be viewed transcript the downloads who anyone from Zoom. THREE WAYS TO IMPROVE YOUR TO IMPROVE YOUR THREE WAYS PRESENTATION 1. BACKGROUNDS and clean a have to important is It professional looking background This is when engaging via Zoom. necessary for both depositions and court proceedings since deposition recordings may be introduced court and later during a hearing, proceedings are often livestreamed Facebook to ensure or YouTube to the public has access under the Texas Open Courts Provision of the want people don’t You Constitution. thinking about what is going on behind you and not listening to what you have to say. you have several this in mind, With can look for an You options. space in your clutter-free organized, home that can be your background. as a way to improve Alternatively, your presentation or the presentation of your witness, you can use a virtual background through Zoom. is your depositions, assuming it For witness, be sure to give some thought background. about the witness’

CHECK FOR LOCAL RULES Before appearing in a proceeding, you should also check with the specific judges rules of the court. Different on will have their own preferences topics such as mute procedures, whether or not recording is allowed, and how to submit evidence. more as judges gain Additionally, those Zoom, with experience time. over change may preferences Court District 345th the instance, For that include a rule issued procedures about muting when not speaking and a detailed procedure on how to submit exhibits. In comparison, Judge Kyle Carter includes in his Court Decorum rules the following: “Mute Are Not Speaking, You When Button You Each Time Identify Yourself Speak, and Recording is Prohibited.” or strange seem may rules These result but they are often the arbitrary, of some surprising discoveries about Zoom. For instance, many courts are setting Zoom videoconferences to private, utilizing breakout rooms and keeping witnesses in virtual waiting AS ALWAYS, A smartphone should only be used as smartphone should only be used as A a last resort. Installing Zoom is extremely easy is extremely easy Installing Zoom browser web A and user-friendly. whenever you client is downloaded meeting. Zoom first your join or start any number On the Zoom website, can be of plugins or extensions Zoom can be run installed so that such as Google from applications or Microsoft Outlook, Chrome, Skype for Business. Zoom can also be run from a mobile device, such might As smartphone. or tablet a as a be expected, running Zoom from computer with a webcam or a laptop provides a richer experience over using it on a tablet or smartphone.

CONTINUED : BEST PRACTICES FOR ZOOM

THE DEFENDER / 2020, VOLUME 2 12 will createproblemsforthe camera. in thebackgroundbecause suchlight camera. Avoid havingbrightlights evenly with or a little behind your when available,shouldbeplaced well lit.Lampsarehelpfuland, lighting, youwanttheroomtobe to hearyoubetter. With respectto background noiseandallowsothers a betterlisteningexperience,reduces with abuilt-inmicrophoneprovides no echo).Ifavailable,usingearbuds with carpetorrugsandrooms will beataminimum(thinkrooms find to a quietplacewhereambientnoise try also should signal. strongest Attorneys the find to home experiment indifferent parts ofyour connection, so you may need to will needastrongwiredor WiFi high-quality videoandaudio,you In order to make sure you have 3. TECHNICALCAPABILITIES the deposition. during fly the on documents present your computerscreensoyoucan yourself with Zoom’s abilitytoshare needed. You shouldalsofamiliarize relevant portions ofexhibits as they willbe able to zoom inon high-quality, clean copies and that so theycanverifythathave with the videographer beforehand depositions, wesuggestcoordinating zoom ineasily. When itcomesto and paste fromdocumentsand This appallowsyoutoeasilycut presentation ofevidenceisSnagit. the in helpful find we app An want. people’s attentiontothepartsyou computer screenandhowtodirect need toknowhowshareyour to presentyourexhibits,thenyou

arrangements. prepared to come up with alternative internet access,andyou should be may nothaveacompatible deviceor capability touseZoom.Someclients access. Notallparticipantshavethe attorneys tobeawareofissues needed. Shealsoencourages to turnyourvideooff untilitis official the start timeofthehearing,besure before time is there If successful Zoomvideoconferences. a numberofsuggestionstoensure Judge DimpleMalhotraalsohas technical difficulties. log inearlytoironoutany that youaskallparticipantsto video conference,itisrecommended If youarethehostofaZoom your phone number ahead of time. phone isused,providethehostwith host ofthevideoconference.Ifonlya the by identified easily be can they that so name last and first your using properly whenloggingintoZoom devices, makesuretolabelthemall If you do end up using multiple attorney-client communication. work orifyouneedtohaveprivate available incaseyouraudiodoesnot have anumberofbackupdevices later. Shealsorecommends thatyou a starttimethatismid-morningor if possible,byrequestingorsetting “traffic,” Zoom avoid to try you that Judge Aurora MartinezJonessuggests on thedaythatyou need it. Associate Zoom videoconferencewillbehavehow your anticipate to difficult be Even withthebestpreparation,itcan individuals ontheconference. that youarelookingattheother to haveiteye-levelsothatappears As forthelocationofcamera,try

important work. courts and attorneys continue their can beapowerfultooltohelp learning fromexperience,Zoom combined withpatienceand With thesebestpracticesinmind, documents. well ashowtousescreensharingand different videoandaudiooptions, as should practiceworkingwiththe backgrounds. Finally, attorneys video capabilitiestoutilizevirtual some devices may not have the may notbeavailable.Forinstance, Zoom interface,certainfeatures on thedeviceusedandformof options, mute,andchat.Depending basic functionssuchasdifferent view want to familiarize yourself with the understand whatotherswillsee. You and watchthetestsothatyouwill the testsessionsoyoucan go back setting up this test, be sure to record with a friendor colleague. When and settingupavideoconference going throughthevariousoptions test outthefunctionsinZoomby After installing Zoom, users should HEARING ORDEPOSITION AND SYSTEMBEFOREANY BE SURETOTESTYOURSETUP PROPER PREPARATION—

cases for over fifteen years. years. fifteen over for cases rig esnl injury personal trying Graham Sutliff is the is Sutliff Graham a be actively been has ofudr f Sutliff of co-founder ra Lw ad he and Law, Trial & Stout, Injury & n esnl Injury Personal in or Certified Board Law is Graham Firm. Accident

13 STAY UP TO DATE ABOUT COVID-19 WITH HCCLA @ HCCLA.ORG/COVID19 2020, VOLUME 2 / THE DEFENDER

and otherinfected places.Cottonfutures plummeted. Ripples the coastdeclared absolute quarantines against NewOrleans was just some lesser fever, but nobody cared. Towns all along it that swore officials health Orleans New loose. broke hell all Then newsof12casesinNew Orleans hit thepapers,and towns. The peoplewerecautiouslyoptimistic. trains tomakesurepassengersweren'tcomingfrominfected Orleans. Policeinspectedinbound from anypointeastofNew from Gulfports. Texas likewise locked down herportstoships Louis. PorttownsallovertheU.S.quarantined against ships The fevermoveddownthecoast.Mobile,Biloxi,Bay St. bug thatcouldwipeyourcommunityoff themap? your townanyminute. What iftheywerebringing withthema from infected places might be arriving at thetrain station in outbreak inrealtime. The bad partabout1897wasthatpeople that The goodpartabout1897was Texas foundoutaboutthe to Texas andtoeverywhereelse. than theyhadin1867. A fantasticwebofrailconnected Texans the humanvoice.Peoplealsotraveledmore,fasterandfarther of inflection the with and faster, news the bringing telegraphs, wereBut things different in1897. Telephones supplemented thousands. years 30 epidemic the before recalled the lossesofentirefamilies, and thedeathsof survived had who Those up. tensed yellow feverpoppedupatOceanSprings,Mississippi, Texans So it'snosurprisethat in September 1897, whencases of on edge.Itcamewiththepioneerterritory. stayed people year, each in came norther blue first the Before generic biliousfevers,andaboutasmanypoxes. fever, scarlet fever, malarial fever, denguefever, ahandfulof When Texas wasyounger, herpioneerslived in fearofyellow The Trains Will Run Again! HCCLA ETHICS: railroad towns. Quarantine camps, liketheonebelow, sprangupoutside of armed guards at all dirt roads entering Texas from Louisiana. mph...or 25 else. The State Health Officer,at Dr. Swearingen, posted moving it Keep stations. their at stop to trains allow to But Texans didn'tcare. Towns in East Texas outright refused living ontheblacktop,NewOrleanswassingeingsurface. wait for it...the asphalt! Just incase yellow fever germs were clean... and announcednewclean-upmeasures.Itwouldnow commerce alive, NewOrleansdeclared herself squeakyclean and recovered patients in NewOrleans. To trytokeep her Texas papers daily carried the updated number of cases, deaths of the news were felt in the great east coast financial kingdoms. By RobertPelton,Editor 15 STAY UP TO DATE ABOUT COVID-19 WITH HCCLA @ HCCLA.ORG/COVID19 2020, VOLUME 2 / THE DEFENDER

Hillsboro and Hillsboro business. it was resuming reported Orange lifted their quarantines. Public schools re-opened on Waco October 4 in large A Richmond. crowd at Sabine Pass greeted the first train to arrive there in weeks. Merchants and markets that should have been And again. Everyone was alive rallied. the end of the story. Juan by Dr. 12, 1897 statement An October wasn't. it ....but in the Houston published Guiteras of the U.S. Marine Hospital, September made the events of in way that Texas Post, upended look like dinner theater. Houston and he had inspected that declared G's report Dr. Yellow places. both in was present fever the and Galveston, - it had arrived in Scourge Jack, Bronze John, the Saffron but recovered, About 12 cases, he said, most of them Texas! definitely yellow fever. swiftly to denounce doctors moved Houston and Galveston not it was just dengue fever, claiming Guiteras' statement, City councils passed resolutions declaring that yellow fever. But the damage had one malady and not the other. their cities flew into action. Texans was done. quarantines against Houston declared towns Texas Now The down the coast. and Galveston, as well as other places enter to Try effect. went into method shotgun quarantine old The San from Houston and you had to deal with men with guns. Francisco Bulletin summed it up well:

Then nothing happened. Texas thought it had dodged a bullet. Texas Then nothing happened. but creepy victory The Houston Post published this triumphant October 1897. cartoon to kick off Waxahachie, Palestine and Corsicana Waxahachie, few. The holdouts were so Texas, yellow fever was coming to said they didn't believe against towns quarantined other Naturally, open. remained they each against quarantined everyone towns. Overall, open the other in the spirit of self preservation. By the third week of September 1897, the papers were filled of "suspicious cases." rumors and notices quarantine with Calvert, Tyler, Point, Brenham, Wills Navasota, Caldwell, La Grange, Huntsville, Brookshire, Hearne, Columbus...even against trains and humans from a quarantine Dallas declared infected or suspicious places. Big towns and little towns did the only thing they thought might Big towns and little save them - they cleaned. Galveston appropriated gutters, pull weeds and pick up trash. Houston the city clean $5,000 to to had line sewer a of feet 250 within structure any that declared effort. cleanup in a city-wide Corpus engaged line. the into tie the disinfected Cameron in force volunteer a County, In Milam to kill pavement nobody scorched the far as I know, As town. germs in Texas. Places like Marlin and locked themselves down Georgetown were and there lived you If enter. could Nobody entirely. was well that lockdown was declared, home after returning just too bad. Bryan sent a health official to inspectBayou the rumors that who had heard on behalf of its citizens, Houston, any against Denton also issued a quarantine City was infected. outside entry. Travelers who were shut out of their destinations because of because destinations were shut out of their who Travelers trains weren't back because but couldn't turn quarantines, for 2 weeks to prove these camps at were held running east, they were disease-free.

CONTINUED : COWBOY UP

THE DEFENDER / 2020, VOLUME 2 16 about 10days. of Houston and Galveston when no new cases had appeared for quarantine ordered the state released Swearingen Officer that Houston wasn'tahotbed of yellow fever.Texas Health end, thehandfulthatwent wereabletoconvinceothers sending their most trusted citizens into Houston. Inthe decided independently whether ornotthey wanted torisk He evenoffered toprovidefreetransportation. Each town themselves. the Texas interior to come to Houston and inspect it for Exchange, issued an invitation for town representatives from Mayor Rice of Houston,at the pleading of the Houston Cotton without doinganythingatall. they justadjourned agree toquarantineornotquarantine,so San Antonio lockeddown,butthe Austin city council couldn't to killgermsontheletters. each envelope to allow sulphur orformaldehyde fumes inside way ofapaddlewiththinmetal tines, slappedtinyholesin device formechanical fumigation ofmail. The machine, by Houston immediately bought from Washington D.C.anew 900 responsestobesentout. the with deal to hands extra in call to had and telegrams 750 with flooded was Houston at office WesternTexas,Union the On the day the Associated Press broke the news ofcases in people beingafraidtocomeintotown." streets havebeenalmostdesertedthisweek,owingto "Our announced: The newsfromLaGrangetwodaysafterthecaseswere business comestotheworst." of townwerepreparing for "asiege in case this yellow fever (yep....19th centurytoilet paper pirates). People living outside At Brenham, there was arunongroceries and supplies the interiorandNorth Texas. to fled they - neighbors their even - people other with contact Folks in Wharton and other towns just fled. would besenttoinfectedGalveston. of rockboundfortheGalvestonjetties stopped work...notrain In Fayette County, aMuldoon company loading a hugeorder that wayuntilthefirstfrost. Texas A&M enteredtotal isolation anddeclared it wouldstay part. BrazosCountywasnotaloneinthistactic. entirely. Pictureitlikeatrainrobbery, butwithoutthetheft stopping there, they barred trains from entering the county The town ofBryannotonlytried to prevent trains from Trying to avoid it isvitaltobe in contactwithyourclients. COMMUNICATE. Even though you may not be in your office complaints received by thestatebarareforFAILURE TO the RULESOFETHICAL BEHAVIOR. Manyoftheethical count onit. When thetrainsstartrunningagain,remember we mustremember this: thetrainswillrunagain. You can our versionofthisstoryends, how while wedon'tyetknow always done-movingablythroughunchartedterritory. And doing whatneedstobedone. We aredoingas Texans have But weare adaptingandweare pioneering new waysof quarantine attheLouisianaborder. of experts,butafraid nonetheless. We're bringing back shotgun of yellow fever. We're leery of the various alarms & predictions those Texans didn'tknowthedamnmosquitoes werethecause There are pertinent things wedon'tunderstand yet, just like we're toldthattheeconomyiswrecked. death and figures tallies. Every day we'rereminded to stayat home. Every day with bombarded we're day, Every ways. This thingwe'reliving through rightnowislike 1897 inmany the scarewasnobigdeal. Ain't hindsightgrand? Texas. Halletsville bragged on itself for knowingall along that scoffed attheexpertswhohadraisedalarm of thefeverin hindsight undertheirbelts, Newspaper editors,withafewdays' away. were thecauseofdreadeddiseasewasstillacoupleyears from heartbreak anddeath. The discoverythat mosquitoes they'd installed since thelastepidemic that hadsavedthem Little did they know, it was those new-fangled window screens neighbors. Texas wasgonnabeokay. They shopped, sent letters, received newspapers, sawtheir Trains will run again!Texans andcommerce began tomove. news everyonewaswaitingtohear. opened across the state. And the Houston Posttrumpeted the theaters announced they'd resume plays. Public schools re- Less than2weeksafter thepanic began, it subsided. Houston 17 STAY UP TO DATE ABOUT COVID-19 WITH HCCLA @ HCCLA.ORG/COVID19 2020, VOLUME 2 / THE DEFENDER Marvin Zindler’s “Marvin’s Angels” Angels” Marvin by Zindler’s “Marvin’s the was He (2007). Magazine H-Texas Lawyer Lawyer for the People” and one of for Zindler Marvin for lawyer personal Texas. Mr. Pelton has been named “Top “Top named been has Pelton Mr. Texas. 31 years. He was also rated by Super with offices in Houston and Abilene, Lawyers Lawyers (2014-18). Mr. Pelton is a Past Robert Pelton is a Criminal Defense Lawyer Lawyer Defense Criminal a is Pelton Robert President of HCCLA (1985-86), Founder and Founder (1985-86), HCCLA of President Chairman Ethics of and CommitteesTCDLA HCCLA (since 2011), the from Professionalism for Award Jim Bowmer the of a recipient Texas Bar College (2012); HCCLA Richard “Racehorse” Haynes LifetimeAchievement Award (2016); TCDLA President’s Awards (2011-18); and a United Congressman States Ted Poe for his Congress Zeal and Tenacious Defense Proclamation created of Isbell Allen his and from Pelton Robert 1980s, the In (2016). Clients Magazine. the Defender became which later Call, the Docket article, Finally, thanks to my dear friend and lawyer, the late lawyer, my dear friend and thanks to Finally, article, Pelton, for Joe and law partner, and my brother Jim Skelton, being good cowboys. Jim lost 3 fingers when his the saddle horn rope ripped on and jerked 3 of him pushed steer a when poisoning blood got almost brother his fingersoff. My a and ripped his leg open. I only got into a sharp gate post Jim tree. a under me horse ran broke half a when concussion we had a problem, Whenever Joe was 9, and I was 12. was 11, UP”. need to COWBOY Jim always said “y’all If they are in jail, send a letter or put a little money on their or put a little in jail, send a letter If they are you are that them to reassure family with their Talk books. to time is It cases. their on working and concerned and ok UP. COWBOY Cowboy America. Up, When a Cowboy's up the cinch, in a pinch, he just tightens spurs rides right through it ‘cause that's the way his horse and now our country And with He'd Cowboy Up. Duke'd do it. the Ridin' hard is like the old Lone Ranger. a cowboy in danger, and shootin' straight, fightin' thosewho spread the hate. He'd Cowboy'd Up. next the inform of "Cowboy Up" was to meaning original The to get ready to ride bull rider or bucking bronco rider at a rodeo with snowflake a being stop to means it Now up". "cowboy or grow up and be tough for your safe spaces and whiny bullshit, is hard to be away from court. As lawyers, it once in your life. no about having no business and Most of us are complaining we represent have no Many of the accused citizens money. to see look far to have don’t You jobs and no money either. ready Be we are. than shape worse much in are who many ethical an be and comes time the when court to back get to UP! lawyer------COWBOY Thanks to Mark Pusateri with Copano Press in Corpus Christi in information historical his of some use to me allowing for with this me Alexis Lehrer for helping to Thanks this article.

CONTINUED : COWBOY UP

THE DEFENDER / 2020, VOLUME 2 18 IN TEXAS DEFENSES LAWS HANDGUN PRACTICAL BY RONNIE YEATES AND HANDGUN weapons, firearms, and, more specifically: stricter lawswhenitcomestohandguns. more and, firearms, weapons, other states,hasquiteafewlawsregarding beliefs. Surprisingly, Texas, unlikenumerous and all the trappings of such thoughtsand has awild,wildwestfullofcowboys,guns, as arambunctiousstate. They stillthink Texas the U.S.andaroundworldthinkof Texas was notararity. MostpeopleImeetthroughout The physicalresponsebytheFrenchcouple in Texas.and firearms have also changed around the country vocal, butthelawsregardingpossessing firearms changed and advocates become more with our.22’s. Notonly haveopinionsabout My friendsandIusedtowalkdownthestreet Browning Auto 22rifle. a gun, first my use to how me teaching mom shotguns inbackwindows.Iremembermy and rifles remember I then. since bit a quite in theeighties,andthingshavechanged My meetingwiththeFrenchcouplehappened “yes, Texas.” Texas.” Ichuckledandagreedwhilesaying, air likegunsandsaid,“bangbangcowboys, Upon thisresponse, they puttheir hands in the asked whereIwasfrom,toldthem: Texas. Americans, IspokenoFrench. When they do, theyspokesomeEnglish.Likemost people from France. As most Europeans a Europeanvacation,Imetsomefriendly and mebytakingusallovertheworld.On As achild,myparentsblessedsister fairly specificasappliedto each. different typesoffirearmsandhowthelawis firearm, where,andhow. Let’s startwiththe firearms isoftenfact-specific towhattype of that?”; “Whathappensif?” Possessionof I haveagunifthis?”;“Can like: “CanIhaveaguninmycar?”; Most ofusregularlygetaskedquestions A. FIREARMVS Basic Definitions

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you shape your hand into when you say “bang,” as the as the when you say “bang,” your hand into you shape about The common misconception French couple did. a gun and carry wherever and guns is: you can get Texas most However, you’re not a felon). long as you want(as lawyers and those who are familiar with firearms know that is wrong. the United States States the United Constitution says you can carry a handgun how and you want not need a permit. attempted to for and Even though many have argued a constitutional is still NOT Texas sway the Legislature, carry state. person, one must to carry a handgun on one’s Texas, In for be eligible To or License to Carry. obtain an “LTC” a person cannot be: (1) under 21 years of age; an LTC, “Constitutional “Constitutional carry” means

3 2 defines a firearm as: defines a firearm 1 an antique or curio firearm manufactured before 1899; or a replica of an only if manufactured before 1899, but antique or curio the firearm replica does not use rim firefire ammunition or center

What is a firearm? What is a Penal Code Texas (3) Firearm means any device a projectile through a barrel or adapted to expel designed, made, by an explosion or generated by using the energy or any device readily convertible burning substance that firearm a include to that use. Firearm does not part, a folding knife blade may have, as an integral of weapons made illegal by or other characteristics is: this chapter and that (A) (B) LAW ON HANDGUNS ON LAW

Almost everyone can picture what the handgun looks like Almost everyone can picture what the handgun looks like when they think of the movie scene when Dirty Harry the nickel-plated Smith asks, “do you feel lucky?” It’s remember always may some Or, revolver. .44 Wesson and the role of the Colt .45 seen in almost every war movie The Bourne Series, or the Beretta 92 seen in Die Hard, handgun is the gun A The Sopranos, and more. C.S.I., B. Through the years, I have seen a lot of bad advice on social media regarding handguns. Because of this, I wanted to break down handguns or pistols (collectively herein called “handguns”) and the laws controlling them. With these basic definitions, we can delve into some of gun laws. Texas the intricacies of Handgun? Federal and State laws are very similar here, as well. Texas Penal Code defines a Handgundesigned, made, or adapted to be fired with one hand. as any firearm Well, what is a what is a Well, This definition generally follows the Federal definition found in 18 U.S.C. § 921(a)(3). However, the definition Federal also includes a firearm The frame or a destructive device.” a silencer, receiver, to thebe “frame or bolt or the hammer, or receiver provides housing for usually is which and mechanism, firing and breechblock, the barrel. threaded at its forward portion to receive

CONTINUED : PRACTICAL HANDGUN LAWS

THE DEFENDER / 2020, VOLUME 2 20 of acriminal street gang. form prohibitedfrompossessing it;(3)orareamember traffic orboatingviolation; (2)areotherwiseprohibited engaged inanycriminalactivity otherthanaclassC Unlawfully Carryinga Weapon (UCW)if:(1) theyare is concealed. They canstillfacecriminalcharges of a handgunintheirmotorvehicleorwatercraftifit If someonedoesnothaveanLTC, theycanonlyhave The shortanswer isyes. or watercraft? handgun intheirmotorvehicle without anLTC cannothave a Are theretimeswhensomeone living quarters,acamper, etc. items aretraveltrailers,motorhomes,ahorsetrailerwith quarters inside(botharerecreationalvehicles).Such designed toliveinoratrailerwithtemporaryliving law, it means real property. It also means a motor vehicle What are“premises”as referred to above? Under Texas long asitisconcealed. be intheirpocket,theglovebox,oranyotherplaceas vehicle andcoveredbyahandkerchief. The handguncan it hastobe. The handguncanbeonthefrontseatof there are no restrictions on the gun being loaded or where cannot berecklesslyorintentionallyinplainsight. Also, be concealedwhiledoingso. This meansthehandgun in thisexampledoesnothaveanLTC, anyhandgunmust motor vehicle,orviceversa.However, sincetheperson handgun whileheadedtoorfromthepremises,their their in (3) and motor vehicleorwatercraft. They canalsopossessa control; or own they premises on (2) they canpossessahandgun:(1)onorabouttheirperson; without avalidLTC. IfsomeonedoesnothaveanLTC, First, let’s discusslawsforahandgunsomeone HAVE C. things. other few a and (5) support; child on delinquent (4) fugitive; a (3) felon; convicted a (2) difficult, honestly, itisnot. (7) andpassapracticalshootingtest. Although itsoundstest; written a pass (6) class; a take (5) application; an complete (4) check; background apassport a undergo (3) picture; (2) fingerprints; provide (1) to: has person LAWS IF YOU DO NOT AN 6 LTC

5

4 Ifeligible,a

the statuteisholsterdefined. a sandalisnot aholster. “shoulder orbeltholster,” ajurysomewherecoulddecide a of definition statutory no is there Since knows. Who one ofthosecan’t beattheridescenario. Will itstick? is This officer. exuberant an or prosecutor, overzealous or charged couldvarydepending onthejurisdiction,an anywhere. However, whethersomeonewould getarrested “holster” onthedashboard,seat,yourwaist… be anywhereinthevehicle. The handguncanbeina long asthehandgunisina“holster,” thehandguncan be anythingapersonwouldplacehandgunin. And, as sandal stuckinsomeone’s belt.Inessence,aholstercan Some funny memes circulated, including a gun in a up toa$10,000fine. with arangeofpunishmentuptotenyearsinprisonand $4,000 fine. range of punishmentuptooneyearincountyjailanda possible a with §46.02 Code Penal Texas under UCW withahandgunin Texas isaClass A misdemeanor D. is in ashoulder or beltholster, unless itisinashoulderorbeltholster. Ifthehandgun someone has an LTC, any handgun must still be concealed motor vehicleorwatercraft,butitmustbeconcealed.If a personwithoutanLTC canhaveahandgunintheir Let’s beginwiththeLTC inamotorvehicle.Remember, “premises.” However, therearestilllimitstotheLTC. more places than justtheir motor vehicle and other Once apersongetstheirLTC, theycancarrytheirhandgun E. other prohibitedsubstance,andrecklessdriving. driving whileintoxicated,possessionofmarijuanaor The offense usuallyoccursoraccompaniesanarrestfor to sellalcoholicbeverages,itisa Third DegreeFelony carries ahandgunintoanestablishmentwithpermit Additionally, ifsomeonedoesnothaveanLTC and than therangeassociatedwithunderlyingoffense. was: the funnydiscussionat TDCAA Legislativeupdate When Iwasaprosecutor, andtheopencarrylawcameout, in plainview. “what is a holster?” Well, nowhere in UNLAWFULLY LTC LAWS LTC CARRYING A WEAPON 7 This punishment is usually more significant 9 then the handguncanbe

8

21 STAY UP TO DATE ABOUT COVID-19 WITH HCCLA @ HCCLA.ORG/COVID19 2020, VOLUME 2 / THE DEFENDER 18 If an institution If an institution 15 These locations usually These locations usually 19 Texas Penal Code §46.035(a- Code Penal Texas 14 Additionally, a licensee cannot carry carry cannot licensee a Additionally, 16 Also, §46.035(a-1) through (a3) does not 17 MORE PREMISE MORE LTC & COLLEGE CAMPUSES COLLEGE & LTC

home lot, and the individual possesses in the handgun and the individual home lot, or from to transit in or is directly premises respective the defense is if the Another or premises. their motor vehicle E.M.S. licensee is a volunteer of higher education has established rules regarding regarding established rules education has higher of activity is taking licensees where a school-sponsored notice in compliance place, and the institution provides holstered handgun, a carry cannot licensee a §30.06, with or in a vehicle of or not, on the grounds or building institution. the have the big red “51%” signs posted at their entrance. valid a while possessing carry to prohibited place Another is on the premises where a high school, collegiate, LTC event interscholastic or event or professional sporting is taking place unless the licensee is a participant in G. LIMITATIONS forbidden a licensee is places few other a quite are There from carrying a handgun, whether concealed or not, not these places is a bar, One of even if it is in a holster. the bar part of a restaurant, but a full-fledged bar which of more or percent 51 making establishment any includes its income from on-premises sale or service of alcoholic beverages for consumption. F. anytime a licensee is some other law, If not prohibited by and the licensee intentionally displays in a public place, of the it is a violation view of another, the handgun in plain holster. law if it is not in a a concealed handgun on a portion of premises located of premises located a concealed handgun on a portion education if the on a campus of an institution of higher with §30.06. institution provides notice complying the previous paragraph are punishable in All the offenses and they also share the same misdemeanor, A as a Class if, at the time of the defense to prosecution. It is a defense commission, the licensee displayed the handgun when the licensee would have been justified in using force or deadly force. 1) through (a-3) on While education. possession on institutions of higher specifically addresses education or the the premises of an institution of higher a licensee’s garage, or parking lot of an public or private driveway, supposed isn’t institution of higher education, a licensee to “flash” the handgun in plain view of another person, even if the handgun is in a holster. apply to a historical reenactment in compliance with the apply to a historical reenactment in compliance with the Alcoholic Beverages Commission. Texas Other defenses 11 Even with with Even 10 an LTC, there there an LTC, are places a a are places handgun can’t handgun can’t be brought unless the unless the be brought licensee falls into an into an licensee falls excepted group. Also, there group. Also, there excepted are statutes allowing businesses businesses allowing are statutes and other public or private licensee entities to prohibit a premises from coming on the with a handgun. include being an owner, tenant, or guest of either an owner tenant, include being an owner, a manufactured unit, a rental or tenant of a condominium, There are myriad defenses personally is person the to if being biggest the 30.07, Section both Section 30.06 and does. and he promptly to leave, told As defense attorneys, it is the defenses to know imperative available. Texas Penal Code §30.06 addresses the offense of trespass trespass of offense the addresses §30.06 Code Penal Texas offense This by a licensee with a concealed handgun. to wishes entity when the licensee a to requires notice handguns. Commonly prohibit their entry with concealed referred to as “30.06 signs,” these have to meet requirement outlined every in Texas Penal Code §30.06. This and deals explicitly section has a lot of things to unpack with a licensee by licensees. Section prohibiting carrying a handgun trespassing on do they if have licensees defenses the out lays also 30.06 specific properties has communicated go on prohibited premises. If an entity in written form with “30.06” signs they’re prohibiting a the licensee shall licensee carrying a concealed handgun, Penal Code Texas not enter with a concealed handgun. §30.07 has all the same language of Section 30.06, but Section 30.07 relates to a be must warnings All premises. licensee entity’s an on handgun openly carrying a explicitly posted and follow Section 30.07 guidelines. If either licensee comes on the property in violation of a Section 30.06 or 30.07, it is with a up Class to C offense is licensee the if misdemeanor A Class a is it fine; $200 a told to leave and refuses to leave.

CONTINUED : PRACTICAL HANDGUN LAWS

THE DEFENDER / 2020, VOLUME 2 22 of themeeting. of theGovernmentCode,andentityprovidednotice 551 Chapter to subject entity governmental a of meeting it isa Third DegreeFelony. licensee isinabarorcorrectionalfacility, inwhichcase Most of these are a Class A Misdemeanors unless the whether holsteredornot. carrier isagainstthelaw, authority ofbeingalicensed carrying ahandgununderthe Of course,beingintoxicated and an eventwherethehandgunisused. facility. amusement park,orthepremisesofacivilcommitment facility (unless the carrier has written authorization), an like acountyorcityjailprison,hospitalnursing also includesthepremisesofacorrectionalfacility 21 Licensees also cannot carry into an open 22 20 The prohibition The 23 Degree Felony. was a firearm, including a handgun, the offense is a Third prohibition. Underthisstatute,iftheweaponpossessed is happeningandthepersonreceivednoticeof later), this and (6)within1,000feetofaprisonwhereanexecution on (more airport an of area secured the (5) by the court unless written authorization, (4) a racetrack, an active election, (3) government court or office utilized Prohibited placesalsoinclude(2)pollingduring of highereducation. person hasavalidLTC andthepremisesareaninstitution person haswrittenauthorizationfromtheschoolor school activity ora transportation vehicleunlessthe institution, anygroundsorbuildingwherethereisa (1) physicalpremisesofaschooloreducational exception. a handgun,unlesstheindividualfallsunderparticular including firearms, and weapons other certain possess limits wherebothlicenseesandnon-licenseescan Texas“Places §46.03, Code WeaponsPenal Prohibited,” 24 Oneoftheseprohibitedplacesisthe

23 STAY UP TO DATE ABOUT COVID-19 WITH HCCLA @ HCCLA.ORG/COVID19 2020, VOLUME 2 / THE DEFENDER ce fce in

a Bachelor’s in Criminal Justice in Enforcement Law – Police Science, and he at Sam Houston State University with received received his Juris Doctor at South Texas Ronnie Ronnie completed his undergraduate College College of Law. Ronnie retiredfrom the Thiessen Law Firm, based in Houston, Texas. Texas. Houston, in based Firm, Law Thiessen Grimes Grimes County District Attorney’s O Ronnie Yeates is an associate attorney with The with attorney associate an is Yeates Ronnie 2018 after more than 16years as a prosecutor. Texas Penal Code §46.01(3) Texas §478.11 27 C.F.R. Penal Code §46.01(5) Texas Government Code §411.172(a) Texas Penal Code §46.02(a-2) Texas Penal Code §46.02(a-1)(2) Texas Penal Code §46.02(b) Texas Penal Code §46.02(c) Texas Penal Code §46.02(a-1)(1) Texas Penal Code §30.06(d) & §30.07(d) Texas Penal Code §30.06(g), §30.07(h) Texas Penal Code §30.06(e-1)-(e-3), §30.07(e-1)-(e-3) Texas Penal Code §30.06(f), §30.07(g) Texas Penal Code §46.035(a) Texas Penal Code §46.035(a-1) Texas Penal Code §46.035(a-2) Texas Penal Code §46.035(h) Texas Penal Code §46.035(j) Texas Penal Code §46.035(b)(1) Texa Penal Code §46.035(b)(2) Texas Penal Code §46.035(b)(2)-(b)(6) Texas Penal Code §46.035(c) Texas Penal Code §46.035(d) Texas Penal Code §46.03(1)-(6) Texas Penal Code §46.03(b) Texas Penal Code §46.035(h-1)(1) &(2) Texas Penal Code §46.035(h-1)(1), (2), (3) Texa Penal Code §46.035(i) Texas Penal Code §46.03(d) Texas Penal Code §46.03(e) Texas

------1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 a client in a gun case or owning one yourself, a client in a gun case know the law. it is always best to the Government the Government Penal Code, the So, take the Federal Code. Code, and defenses to when researching your time representing Whether a particular gun charge. Before Before joining the Thiessen Law a member Firm of the in Texas State 2019, Bar College Ronnie Criminal and Defense became received Lawyers the Association’s Texas DWI Trial Warrior award. Ronnie is a Type 07 Federal Firearms Licensee with a Class 2 SOT designation, which means he is a manufacturer and dealer in both Title I (regular) firearms and Title (machineII gun, silencers, firearms. short- weapons) barreled

27 29

30 25 28 Volunteer emergency service personnel service personnel emergency Volunteer 26 EXCEPTIONS TO THE LAW THE TO EXCEPTIONS If a hospital, nursing facility, amusement park, or open meeting amusement park, or open meeting If a hospital, nursing facility, valid notice by placing of a governmental entity fails to provide signage meeting the requirements of Sections 30.06 or 30.07, those establishments then a licensee can carry a handgun into as there is no crime. CONCLUSION wild, wild west where is the Texas Many people still think everyone rides horses to work, and everyone carries a gun. gun-loving State has plenty of rules. If you this However, There are know before reading through this, now you do. didn’t weapons the throughout caveats specific more and deeper even cross-sections between gun laws offer Texas Texas. code in There are also specific protections for individuals who check their firearms following federal guidelines before entering the secure area. Likewise, it is a defense if a licensee carrying a concealed handgun enters the screening checkpoint for a secured area and leaves immediately after completing the screening process after notification he possessed the handgun about the handgun in their bag). (think of a person who forgot And, an officer cannot arrest a licensee who enters the secure area unless the officer tells the allows the licensee an opportunity to exit the screening area, person about the defenses, and the person does not leave. More defenses exist for those who are inside the secure area of inside the secure area of More defenses exist for those who are an airport, as well. The first defense is for a person traveling their duties as a member of the armed while or discharging This a penal institution. forces or national guard or as a guard at while or discharging defense also includes someone traveling guard who is either their duty as a commissioned security wearing a distinctive uniform and his weapon is in plain view or is not wearing a uniform, and his weapon is concealed. No one has a defense to carrying while intoxicated. The The intoxicated. while carrying to defense a has one No and passes two versions of a statute, Legislature sometimes too not are versions the However, different. no is §46.035(h-1) A judicial dissimilar. officer, as defined Texas in Government Code §411.201, and his bailiff escorting him has a defense to prosecution to all the offenses listed in the first paragraph of Section G above. H. in were person the if are (1-4) 46.03 Section to defenses Further forces, armed the member of a as of duties discharge actual the or guard employed by a penal institution national guard, or a an officer of the court. also share this defense. The next group consists of a judge or consists of a judge or The next group also share this defense. justice of a federal court, active judicial in officers as Texas defined Government Code §411.201 United States attorney, versions of (h-1), attorney general, (duplicated by both county attorney, criminal district attorney, district attorney, This select categories. or an assistant of one of those attorney enter or remain on any group has a defense to prosecution to of the places listed in the first paragraph of Section G unless facility. commitment or facility correctional a is premises the

CONTINUED : PRACTICAL HANDGUN LAWS

THE DEFENDER / 2020, VOLUME 2 24 BY PATRICK F. McCANN MOTIONS CASES INTO MAKING a timelyand usefulway, shall we? reasonable motionfrom acasein makes senseintermsof craftinga case. Together, letusseewhat eagles, can do this on any good let’s breakdownhowwe,aslegal own docket, and your judge. So, makes senseforthatcaseonyour published caseintoamotionthat at least]isconvertingagood docket. The realhurdle[forme something thatisonone’s own is whenthecaserelevantto members. What is evenbetter his orherfellowdefensebar published appellatecasewith a colleagueshareshotnew It isalwaysanicethingwhen 25 STAY UP TO DATE ABOUT COVID-19 WITH HCCLA @ HCCLA.ORG/COVID19 2020, VOLUME 2 / THE DEFENDER

always DEAD MAN WALKING ACTIVIST & AUTHOR OF & AUTHOR ACTIVIST SISTER HELEN PREJEAN, impact of your gift many times over. volunteers and underpaid defenders Starting with virtually no resources and no support, this scrappy little group of have changed ‘the capital of capital punishment’ in ways no one believed possible. I encourage you to support Their the lifesaving work of GRACE. will multiply the compassion and energy We should also note under the Bryant case that the Bryant case that the should also note under the We Appellant had faithfully paid almost ten years, and dollars per month every month for restitution of $300.00 of willful failure that the State presented no evidence any month. So, let us to try and pay something during community on is who we represent a man that suppose calls probation] and who was Texas supervision, [what restitution for a theft assigned twenty thousand dollars of program rehab drug a completed has man That case. two years, reporting and has been on supervision for but he has been unable to obtain a job in the faithfully, No or very little restitution has been current economy. Assistant the and requested has office probation The paid. District Attorney has filed a Motion hearing, or is going to revoke, and the trial court has set a to Adjudicate or this case to present a at the next setting. How do we use motion to the trial court? the ALWAYS every motion has some parts that are Well, number and style, and same. Every motion has the cause has a prayer that the motion be granted, usually a request and your signature block and for a hearing on the matter, is what with starting So, service. of certificate the there, we know those things and they should go into the there, we know those things and they should go into the skeleton of the motion.

gracelaw.org a result of the offense. the defendant’s employment status; employment status; the defendant’s financial resources; financial resources; to pay; and ability the defendant’s affect to pay expenses incurred by the victim as the defendant’s current and future current and future the defendant’s the defendant’s current and the willfulness of the failure defendant’s future may that circumstances special other any ability or resources financial victim’s the (1) (2) (3) (4) (5) (6) a charity for the defense ofa charity for the indigent NEVER ANOTHER SLEEPING LAWYER NEVER ANOTHER If a defendant is placed on community supervision supervision If a defendant is placed on community supervision, or is paroled or released on mandatory order the the court or the parole panel shall this article payment of restitution ordered under parole, as a condition of community supervision, revoke The court may or mandatory supervision. parole panel community supervision and the supervision may revoke parole or mandatory the order. if the defendant fails to comply with community In determining whether to revoke supervision, supervision, parole, or mandatory the court or parole panel shall consider:

earning ability; ability; earning pay; to how to help To do this we will need a sample published case. I am case. I am a sample published this we will need do To comes out the reading that one at random from choosing state each week in my home Appeals of of the Courts from their or download via email subscription [available take Online], so let’s Judiciary Texas own websites at of State, an Eleventh Court Bryant v. the recent case of Appeals case from Midland, Texas, No. 11-10-00145- of Appeals held it was an abuse the Court of There CR. and Bryant trial court to adjudicate Mr. discretion for the the supervision for failure to pay revoke his community change when and dollars $197,000.00 full restitution of Article not consider the factors listed in the trial court did 42.037(h) of the Texas Code which provides: of Criminal Procedure,

CONTINUED : MAKING CASES

THE DEFENDER / 2020, VOLUME 2 26 Now yourmotionwilllook likethis copies ofhisrentandgrocery bills,etc.” for jobleads,Mr. Doe’s bankrecords, Mr. Doecomesineveryweekandchecks Agency’s counselor Jane Smith stating of supportfromthe Texas Employment rejection frommultiplecompanies,aletter of Mr. Doe,Mr. Doe’s spouse,lettersof office affidavits the also probation see statements, account or statements account attached copiesoftheCourt’s register pay thefullamountof$20,000.00.See restitution office account] faithfullybutbeenunableto probation or register hundred dollarsofrestitutionintheCourt’s amount eachmonth[thereisoverfour and hasstruggledtopaysomeminimal two yearsbutbeenunabletoobtainajob, diligently soughtemploymentforthepast Adjudicate asMr. Doe isunemployed,has Court willdismisstheState’s Motionto Doe respectfullypraysthatthisHonorable the of Texas 42.037(h) CodeofCriminalProcedure, John Article and [citation] next line:“PursuanttoBryantv. State, the add should CCP,you the of 42.037(h) So, sincetheBryantcasecitesto Article and thesectionofCodeitcitesto. is thatyououghttowinunderthiscase, You shouldalsotellthetrialcourtwhyit citation. However, you are not doneyet. and seewhetheryouaremakingupthis even havethestyleofcasetogocheck State know exactly what you want, and v. State.Nowboththetrialcourtand State’s Motionto Adjudicate underBryant can style it thusly: deny theState’s motiontoadjudicate,one trial courthasdiscretiontodismissor irritates trialcourtsmore]andsincethe the casereversedatrialcourt[andnothing these aretakenrightfromthecase.Since request. The walls androofcomenext, that willmakethetrialcourtgrantyour wording legal warm the with it fill to need There, nowyouhaveaframedhouse,and So itwilllooksomethinglikethis Motion to Dismiss the 

27 STAY UP TO DATE ABOUT COVID-19 WITH HCCLA @ HCCLA.ORG/COVID19 2020, VOLUME 2 / THE DEFENDER appeals, and post-conviction matters. He has handled over fifty death penalty He He handles federal and state trials, Fort both of President past a is He cases. Bend Bend County Criminal Defense Attorneys Houston Houston area, and has been since 1995. Association and HCCLA. Association and HCCLA. Pat Pat McCann is in solo practice in the Then one can make reference to fact items in the Exhibits, in the Exhibits, fact items to can make reference Then one about cold and cries spouse’s the hypothetical such as on eBay if the will have to sell the family hungry children restitution, them pay more him away or makes court sends remembers actually who employee state kindly the or you in and looking for work and gave your guy coming an affidavit about it. At the end of this one simply asks the motion or set it for a hearing. the trial court to grant is simply a motion is not magical – it At the end of the day, relief from the court with supporting a formal request for be persuasive to a and facts that should legal arguments a In this sense it is not unlike following reasonable mind. may and like an enticing recipe it recipe in a cookbook, want to taste a sample even, if done well, make the State to revocation. of the cooking and discuss an alternative your signature, the The things that are always present, certificate of service, are the flour, eggs, and The butter. supporting, facts law, case the flavor, new lend that things meat in this already and citations, are thus the spices and over-worked food analogy. Good luck, good a soup, chicken like completely, analogy food the and to finish cannot ever hurt. motion based upon an appellate case 



THE PRINTED BRIDE & YOUR LIFE & YOUR designed with custom stationerywedding + more CELEBRATE CELEBRATE LOVE, YOUR THEPRINTEDBRIDE.COM EQ Under Roman numeral II above goes the arguments you you above goes the arguments numeral II Under Roman Court wishes this Honorable i.e. “Unless would make, as that way-off-the- inglorious fate the same to suffer seriously should it Midland, in court trial reservation matter motion or hold a hearing on this dismiss the State’s in is almost identical to the poor schlub because my client can see that from all the cool proof Bryant, and this Court Exhibits, which will also be reviewed items we added as by the appellate courts.”

CONTINUED : MAKING CASES

THE DEFENDER / 2020, VOLUME 2 28

still serve on-site 24/7. still serveon-site24/7. Intake teamandProbableCauseclerks 7 a.m.to6p.m.,butourCriminal is openMondaythroughThursdayfrom adopted newhoursofoperationand The courthousecomplexitselfhas through service jury of suspension District Judgeshasextendedthe is staff DCO working fromhomeandtheBoardof the of majority The trying times. are particularlyusefulduringthese some implementing pioneering servicesthatItrust and efficiently on servingthelegalcommunity mid-March been laserfocusedsince That iswhymyadministrationhas continue withoutinterruption. Office (DCO) helps the justice system the HarrisCountyDistrictClerk’s I amcommittedtomakingsurethat affecting allaspectsofourlives, Although theCOVID-19pandemicis THE COVID-19 PANDEMIC COVID-19 THE My administration is committed My administration is committed to delivering robust digital to deliveringrobust digital solutions. With that goal in mind, solutions. Withthat goal inmind,

we provide a complete suite of complete suiteof we providea

SYSTEM GOING DURING DURING GOING SYSTEM June 30, but our clerks are June 30, but our clerksare JUSTICE THE KEEPING and cautiousmanner. available by email and phone available byemailandphone bring back trials in a safe bring back trialsin a safe during normal business normal business during Administration on plans to Administration onplansto with the Office of Court Court of Office the with hours. Wearealsoworking

BY MARILYN BURGESS, circumstances. emergencies orunder otherspecial digitally andremotely duringfuture will allowpleas to beentered personal contact,thisprotocol current crisisintermsoflimiting Beyond itsusefulnessduringthe timely. making the process more efficient and is anythingfaxedorhanddelivered, the protocolisdigital,atnopoint document managementsystem.Because all partiestothecasethroughour available to the Sheriff’s Office and built, streamlinedanddirectly virtually. Thisprotocoliscustom anelectronic in protocol toprocessthedigitalpleas resulted defense Office, Office, well Sheriff’s attorneys andthePublicDefender’s as the prosecutors, as and judges In addition,ourcollaborationwith through ourAttorneyKioskpage. the defendantanddefenseattorney pleas tobedigitallysignedbyboth as e-Plea.Thisallowselectronic digital signatureserviceknown piloted andlaunchedaninnovative Information Technologyteamrecently District Attorney’s Office, the DCO’s the and judges with closely Working to fillgapsastheyarise. have developedseveralnewservices digital optionstoassistyouand

DISTRICT CLERK

HARRIS COUNTY 29 STAY UP TO DATE ABOUT COVID-19 WITH HCCLA @ HCCLA.ORG/COVID19 2020, VOLUME 2 / THE DEFENDER seasoned businesswoman with real world administrative experience. While this her first is elected position, sheis not new to to leadership, having served as both the Public Public Accountant (CPA), she is a President of the North Houston-Greenspoint Houston-Greenspoint North the of President Clerk. With over 30 years as a Certified Chamber Chamber of Commerce and the Executive Marilyn Marilyn Burgess is the Harris County District Director of the Texas Parent Teachers Association Teachers Parent of the Texas Director cient fcient and technology-driven. Ms. Burgess oversees a budget of $36 (PTA). In her time at the Texas PTA, she championed causes that bettered bettered that causes championed she PTA, Texas the at time her In (PTA). the lives of teachers, working and middle-class families, single more DCO mothers, the make to hard working is she Clerk, District As children. and e innovative an bringing is She professionals. 500 over of staff a and million the DCO. to style leadership and pragmatic meet safely and remotely via video conference.via video and remotely safely meet the jail. never leaves The defendant are using courts the following Currently, 184, 185, 182, 183, 174, 178, 180, e-Plea: 337, 338, 262, 263, 228, 232, 248, 208, 209, forResponsive Interventions 351, and the Change (RIC) docket. The Mental Health court e-Plea in the near future. will also use approach to business meansOur paperless help, we continue to keepthat, with your the wheels of justice turning. In March, the down went District Attorney filings filed 3770 misdemeanors and the April in and felonies 3599 By and 3419 felonies. to 2703 misdemeanors misdemeanors and 1959 feloniesmid-May, 1754 had been filed. Through it all, the maintained a low rejection rate DCOfor has criminal filings. In April, we only rejected 3.95% of filings and, as of mid-May, our year to date rate is merely 2.34%. legal communityWe are also keeping the services in ainformed about this and other Attorneytimely manner through our website’s with socialCommunications section, along media posts and our blast emails. Our IT team such asAttorney Kiosk with new features has also ability, a newremote defendant signature refined our information,accordion for booking and holds online easy navigationand a homepage button for enhancements willback to our website. Future with the Kiosk. merge the “My Filings” page and cooperationI am grateful for your patience as we go through the COVID-19 pandemic and I remain open to suggestions.

During the COVID-19 crisis, Ms. Burgess has volunteered on several response initiatives distributing food and masks. (Credit: Alvaro ‘Al’ Ortiz, Harris County District Clerk’s Office) 6. The day of the virtual hearing, the Sheriff secures the fingerprintWhen it is time forfor the hearing, the judge, theprosecutor, defense attorney, and court staff judgment. 5. The deputy district clerk prepares the judgment for signature e-Plea documents, with the exception of the by the judge. judgment All itself, must be signed before hearing. the 4. From a designated area in the jail, defendant sees and reads the electronically the prepared plea papers and signs them with a tablet computer provided by the bailiff. 3. The DCO places the plea documents on the Attorney Kiosk for the defense attorney to review them with the defendant. 2. The prosecutor prepares the documents2. The prosecutor prepares District the with them files and electronically Clerk’s Office (DCO). 1. Prior to the hearing, the defense attorney1. Prior to the hearing, the can request a remote virtual “Defense Visit” an appointmentwith their client by setting Office.with the Harris County Sheriff’s prosecutors, judges, helping is technology Our to collaborateand defense attorneys efficiently. Take, for instance, the sequence e-Plea: for a virtual courtroom using

CONTINUED : KEEPING THE JUSTICE SYSTEM GOING

THE DEFENDER / 2020, VOLUME 2 30

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@HCCLA 31 STAY UP TO DATE ABOUT COVID-19 WITH HCCLA @ HCCLA.ORG/COVID19 2020, VOLUME 2 / THE DEFENDER DEFENDER 2020 / VOLUME 2 THE DEFENDER PO Box 924523 Houston TX 77292-4523