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Caselaw Update CASELAW UPDATE 24th Annual Juvenile Law Conference ROBERT O. DAWSON JUVENILE LAW INSTITUTE February 21-23, 2011 • Omni Bayfront • Corpus Christi, Texas Pat Garza Associate Judge/Referee 386TH District Court Bexar County, Texas (210)335-1154 0 PAT GARZA Associate Judge 386th District Court 235 E. Mitchell St. San Antonio, Texas 78210 EDUCATION Board Certified – Juvenile Law – by the Texas Board of Legal Specialization 1980: Admitted to the Texas Bar. 1977 - 1980: Jurist Doctor, South Texas College of Law, Houston, Texas. 1977: B.A., University of Texas at Austin, Texas. PROFESSIONAL 2009 – Present: Texas Board of Legal Specialization Juvenile Law Exam Commissioner Fellow of the Texas Bar Foundation Editor – State Bar Juvenile Law Section Report. 2007 Franklin Jones Best Continuing Legal Education Article Award by the State Bar College Board of Directors. Police Interactions with Juveniles. 2004 Outstanding Bar Journal Honorable Mention Award by the Texas Bar Foundation. Juvenile Confession Law: Every Child Needs a Professor Dumbledore, Or Maybe Just a Parent. 1999 - Present, Juvenile Court Associate Judge/Referee, 386th Judicial District Court. 1997 - 1999, Juvenile Court Associate Judge/Referee, 73rd Judicial District Court. 1989 - 1997, Juvenile Court Master (Associate Judge)/Referee, 289th Judicial District Court. Fall 1997, Adjunct Professor of Law (Juvenile Law), St. Mary‘s Law School, San Antonio, Texas. SPEECHES AND PRESENTATIONS • Police Interactions with Juveniles – Arrest, Confessions, and Search and Seizure; Advanced Juvenile Law Certification Seminar, Sponsored by the Juvenile Court Judges of Harris County and the Juvenile Law Section of the Houston Bar Association, Houston, Texas, September, 2010. • Juvenile Search & Seizure; Nuts and Bolts of Juvenile Law, Sponsored by The Texas Juvenile Probation Commission and the Juvenile Law Section of the State Bar of Texas, Austin, Texas, July, 2010. • Juvenile Search & Seizure; 36TH Annual Advanced Criminal Law Course, Sponsored by The State Bar of Texas, San Antonio, Texas, July, 2010. • Juvenile Search and Seizure; 23rd Annual Juvenile Law Conference, Sponsored by the Juvenile Law Section of the State Bar, Austin, Texas, February, 2010. • Proper Detainment and Questioning of Juveniles; 2009 Annual Criminal and Civil Law Update, Sponsored by Texas District and County Attorney‘s Association, Corpus Christi, Texas, September, 2009. • Caselaw Updates; Annual Juvenile Justice Symposium, Presented by the Dispute Resolution System, Lubbock, Texas, March, 2009. • Caselaw Updates; 22nd Annual Juvenile Law Conference, Sponsored by the Juvenile Law Section of the State Bar, Austin, Texas, February, 2009. 1 • Juvenile Confessions; 22nd Annual Juvenile Law Conference, Sponsored by the Juvenile Law Section of the State Bar, Austin, Texas, February, 2009. • School Searches and Confessions; 4th Annual Collin County Juvenile Law Seminar, Sponsored by Juvenile Law Section of the CCBA, and 417th Judicial District Court, Plano, Texas, October, 2008. • School Search & Seizure; 34th Annual Advanced Criminal Law Course, Sponsored by The State Bar of Texas, San Antonio, Texas, July, 2008. • Juvenile Search & Seizure; Texas College for Judicial Studies, Sponsored by the Texas Center for the Judiciary, Richardson, Texas, April, 2008. • Caselaw Updates; 21ST Annual Juvenile Law Conference, Sponsored by the Juvenile Law Section of the State Bar, Austin, Texas, February, 2008. • Advanced Search and Seizure; 21st Annual Juvenile Law Conference, Sponsored by the Juvenile Law Section of the State Bar, Austin, Texas, February, 2008. • Juvenile Search & Seizure, Live Nationwide Broadcast via Webinar, Sponsored by LegalSpan, January 10, 2008. • Legislative Updates; Nuts and Bolts of Juvenile Law 2007, Sponsored by the Texas Juvenile Probation Commission and the Juvenile Law Section of the State Bar of Texas, Austin, July 2007. • Arrests, Searches, Confessions, Juvenile Processing Offices, and Waiver of Rights. Nuts and Bolts of Juvenile Law 2007, Sponsored by the Texas juvenile Probation Commission and the Juvenile Law Section of the State Bar of Texas, Austin, July 2007. • Caselaw Updates; 20th Annual Juvenile Law Conference, Sponsored by the Juvenile Law Section of the State Bar, Austin, Texas, February, 2007. • Police Interactions with Juveniles – Arrest, Confessions, and Search and Seizure; 20th Annual Juvenile Law Conference, Sponsored by the Juvenile Law Section of the State Bar, Austin, Texas, February, 2007. PUBLICATIONS • Police Interactions with Juveniles. 20th Annual Juvenile Law Conference Article, February, 2007. This article won the Franklin Jones Best Continuing Legal Education Article for 2007, as voted on by the State Bar College Board of Directors, February 2, 2008. • Juvenile Legislation. The San Antonio Lawyer, Sept–October 2007. An article hi-lighting the 2007 legislative changes in juvenile law. • TYC and Proposed Legislation . State Bar Section Report Juvenile Law, Volume 21, Number 2, June 2007. An article discussing the proposed juvenile legislative changes from the 2007 legislative session. • Mandatory Drug Testing of All Students, It‘s Closer Than You Think . State Bar Section Report Juvenile Law, Volume 20, Number 3, September 2006. An article discussing the Supreme Court‘s decisions on mandatory drug testing in schools. • Juvenile Confession Law: Every Child Needs a Professor Dumbledore, Or Maybe Just a Parent. The San Antonio Lawyer, July–August 2003. An article discussing the requirements of parental presence during juvenile confessions. This article received a 2004 Outstanding Bar Journal Honorable Mention Award by the Texas Bar Foundation. • Juvenile Law: 2003 Legislative Proposals. The San Antonio Defender, Volume IV, Issue 9, April 2003. An early look at proposed Juvenile Legislation for this 2003 session. • A Synopsis of Earls. The San Antonio Defender, Volume IV, Issue 9, April 2003. A synopsis of the Supreme Court‘s decision in Board of Education v. Earls and the random drug testing of students involved in extracurricular activities. • Police Interactions with Juveniles and Their Effect on Juvenile Confessions. State Bar Section Report Juvenile Law, Volume 16, Number 2, June 2002. An article regarding the requirements for law enforcement during the taking of a confession. 2 • Juvenile Confessions: AI Want My Mommy!@ The San Antonio Defender, Volume III, Issue 9, April 2002. An article regarding the pitfalls of taking a juvenile confession. • Doing the Right Thing. The San Antonio Defender, Volume II, Issue 6, December 2000. An article regarding the rights of a juvenile during a confession. • Doing the Right Thing. State Bar Section Report Juvenile Law, Volume 14, Number 4, December 2000. An article regarding the rights of a juvenile during a confession. • School Search and Seizure. State Bar Juvenile Law Section Report, Volume 13, Number 2, June 1999. A legal article updating legal issues regarding the search of students in school, including consent, drug testing and dog sniffing. • The New Juvenile Progressive Sanctions Guidelines. Texas Bar Journal, Volume 59, Number 5, May, 1996. A legal article analyzing the New Juvenile Progressive Sanction Guidelines. • Juvenile Punishments and the New Progressive Sanction Guidelines. Voice For The Defense, Volume 24, Number 10, December, 1995. A legal article introducing the New Progressive Sanction Guidelines in the Juvenile Code. • Juvenile Punishments and the New Progressive Sanction Guidelines. State Bar Juvenile Law Section Report, Volume 9, Number 5, December 1995. A legal article introducing the New Progressive Sanction Guidelines in the Juvenile Code. 3 TABLE OF CONTENTS ADJUDICATION PROCEEDINGS .............................................................................................. 7 In the Matter of M.C.S., Jr., No. 02-09-00332-CV, --- S.W.3d ----, 2010 WL 4138554, Juvenile Law Newsletter ¶ 10-4-9B (Tex.App.-Fort Worth, 10/21/10). .................................... 7 In the Matter of B.W., 313 S.W.3d 818, 2010 WL 2431630, Juvenile Law Newsletter ¶ 10-3- 7 (Tex. Sup. Ct., 6/18/10) ........................................................................................................... 9 In the Matter of the Expunction of D.R.R., 322 S.W.3d 771, 2010 WL 3169352 Juvenile Law Newsletter ¶ 10-4-1 (Tex.App.-El Paso, 8/11/10). ................................................................... 12 APPEALS ..................................................................................................................................... 13 In the Matter of D.H., MEMORANDUM, No. 07-03-8148-J, 2010 WL 3787807, Juvenile Law Newsletter ¶ 10-4-7 (Tex.App.-Dallas, 9/30/10). ............................................................. 13 In the Matter of B.L.C., MEMORANDUM, No. 08-10-00186-CV, 2010 WL 3784972, Juvenile Law Newsletter ¶ 10-4-3 (Tex.App.-El Paso, 9/29/10) .............................................. 14 In the Matter of J.S.H., MEMORANDUM, No. 01-08-00563-CV, 2010 WL 987247, Juvenile Law Newsletter ¶ 10-2-8 (Tex.App.-Hous. (1 Dist.), 3/18/10) .................................. 15 In the Matter of R.D., 304 S.W. 3d 368, 53 Tex.Sup.Ct.J. 303, Juvenile Law Newsletter ¶ 10- 2-9 (2/12/10). ........................................................................................................................... 16 Longoria v. State, MEMORANDUM, No. 07-09-0196-CR, 2010 WL 668535, Juvenile Law Newsletter ¶ 10-2-4 (Tex.App.-Amarillo, 2/25/10) .................................................................
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