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Motions Checklist-Criminal Case Ronald D

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Motions Checklist-Criminal Case Ronald D - ARTICLES Bugging Revisited: the Wiretap Decade Dialogue .....................4 Criminal Defense LawyersProiect .7 Ethics of Representing Indigent Defendants Herman Sch wartz-reprint from The ..... Record Expunction Forms. .9 David Carlock, Dallas. .8 Nation ....................47 ......... ........... Texar Controlled Substances Act Electric Chair Charlie Schedules 14 Lawrence Wrigh t-reprint from The .................. REGULAR FEATURES Opinions-Attorney General. ........39 American Lawyer. 11 ............. Legislative Committee Report Brief Outline of Basic Client Interview Editds Corner .................3 Ed Mallett, Chairman. ...........43 Ronald Zipp, Edinburg. 13 President's Report ...............4 .......... Recent Statutory Changes in the Law of C. S. Farmer-the Man Who Could Reverse SignificantDecisions ...........19-34 Criminal Defense ..............44 Niagara Falls New Members. ................45 Qualifications and By-Laws Committee Charles W. Tessmer, Dallas. 16 ........ Repon Motions Checklist-Criminal Case Ronald D. Zipp, Chairman. ........50 Jan Hemphill, Dallas 40 NEWS ............ San Antonio-scene of recent membership Cross-Examination Techniques Pubiicationr Committee Report drive and board meeting ..........51 Douglas Tinker, Corpus Christi ......42 Pat Priest, Chairman .............3 OFFICERS Woody R. Demon Ron Goranson Clifton Holmer Houston Dallas Managing Ediro, President Louis Dugar James H. Kreimeyer Vincent W. Perini Orange Belton Marvin 0. Teague Dallas W. V. Dunnam Robert Joseph Editor, "Significant Decirionr" President-Elect Wac0 Sin ton Robert D. Jones Michael Gibson J. C. "Rusty" D'Shea Austin Dallas Lubbock Judy Ward First Vice-President C.W. Robin Peany Gerald Goldstein Exec. Asst. to the Pres Charles McDonald San Antonio San Marcos Wac0 Grant Hardeway James F. Pons POSTMASTER: Please send address Second Vice-President Houston Sen Antonio changes to Texas Criminal Defense Clifford Brown Richard Harrison David Spencer Lawyers Association, 314 West 11th Street Lubbock Dallas Austin Suite 21 1. Austin, Texas 78701. Secretary-Treasurer Oliver Heard, Jr. Michael Thomar Phone (5121 478-2514. David Bire~ San Antonio Fort Worth VOICE for the Defense is pub- Houston Jan Hemphill George L. Thompson lished monthly by the Texas Ast. Secretary/Treasorer Dallas Lubbock Criminal Defense Lawyers Associa- Douglas Tinker Clifton Holmer tion. Ail articles and other editorial Cornus Christi Kilgore PAST PRESIDENTS contributions should be addrerred Edward Mallett to the Editor, Clif Holmer, Box Houston Frank Maloney 1073, Kilgore, Texar 75662. Busi- DIRECTORS Pat Priest Austin, 1971-1972 ness correspondence, advertising San Antonio C. Anthony Friloux inquiries and contracts, send to William F. "Bill" Alexander Charles Rittenberry Houston, 197272-1973 Dick Dromgoole. ARTFORMS Dallas AGENCY, Box 2242, Austin, Amarillo Phil Burleron Richard Anderson Texas 78768. (5121 451-3588. Robert Salinas Dallas, 1973-1974 Dallas Annual subscription rate for Mercedes George Gilkerson Cecil W. Bain members of the association is $5, Larry Sauer Lubbock. 1974-1975 San Antonio which is included in dues. Non- Houston C. David Evans Jack Beech member subscription-$10 per year; Thomas Sharpe San Antonio, 1975- 1976 Fort Worth single copy-$2.50. Second clarr Brownsville Weldon Holcomb James Boba portage paid at Austin. Texar. Marvin 0. Teague Tyler, 1976- 1977 Odessa ISSN 0364-2232 Houston Emmett Calvin Russell Busby Stanley Topek Dallas, 1977- 1978 el976 TEXAS CRIMINAL Amarillo Hoosron George F. Luquette DEFENSE LAWYERS Charles Bum Robert G. Turner Houston, 1978-1979 ASSOCIATION. San Antonio Houston Raymond Caballero Stanley Weinberg El Paso Dallas , Antonio Cantu Rodger Zimmerman San Antonio Austin TEXAS Wagganer Carr Ronald Zipp Austin Edinburg CRIMINAL Allen Cazier San Antonio DEFENSE ASSOCIATE DIRECl'ORS Anthony Constant Carpus Chnst! LAWYERS Donald Dahy Jimmy Don Caner Fort Worth ASSOCIATION M.P. "Rusty" Duncan NOVEMBER 1979 Decatur Corner docket problems. And the criminal law- favoritism regarding settings, last minute yer is caught in the middle of the in- docket preparation, and rigidity of creasing court case load and the judges' judicial temperament must be addressed resistance to change. It is patently unfair, by the judiciary. Prosecutors, likewise. I believe, for a lawyer to be called to cannot expect orderly dockets when they court, time and time again, only to be wait until docket day to announce the rescheduled and told to come again. cases in which they are "really ready." There is no way a criminal lawyer can My suggestion is this: put the responsi- obtain a reasonable fee when the courts, bility for ordering of the docket on the because of sloppy docket management, prosecution; require the prosecutor to require his presence week after week, to notify defendant's counsel at a date suf- await a decision which should have been ficiently ahead of the setting to allow made before the docket date was set. any necessary motions to be filed and CLIF HOLMES The problem is aggravated, especially in heard; require plea negotiations to be Oftentimes I am tempted in this forum rural areas, when a lawyer has cases pend- completed prior to docket call; at docket to broach subjects which are really too ing in several courts, all of which handle call set the cases to be tried, in order of controversial for this column's purposes. (mishandle) their dockets in this manner. their setting, with "on call" alternates to This time I've succumbed to that tempta- And when you consider a large number of be ready on 24-hour notice. tion-and it didn't take the devil 40 days the typical criminal lawyer's cases are While this might sound militaristic to get me. I hope I step only on those appointed, the economic effect on the in approach, I can't help but believe it toes which are protruding. lawyer's practice is apparent. would increase judicial efficiency, and "Docket management" has become a I have given some thought to this improve the criminal lawyer's economic rather popular topic at judicial seminars problem (primarily because I've recently lot. Prosecutors may disclaim the respon- these last few years. Court administration been severely affected by such practices). sibility and judges decry the invasion of specialists remonstrate on the subject I've determined that much of the prob- their prerogatives. But, dammit, they miss regularly. I'm confident that erudite lem is the fault of the criminal lawyers the point. If our criminal justice system is systems have been developed and com- who suffer most from the situation. to survive, lawyers must be able to sup- puterized which guarantee an orderly Motions for continuance filed at the last port themselves while practicing in that process. But, I continually end up in situ- minute; docket conflicts reported at area of the law. It's not asking too much, ations where "docket management" is docket call; subpoenaing witnesses on the I think, to seek this cooperation from our synonymous with "judge's whim." The eve of trial; in short, procrastination. courts. (After all, weren't they once on Speedy Trial Act (along with increased These problems can be solved by the the receiving end of this lash?) crime rates) has aggravated criminal lawyer-and should be. But judicial Ed PUBLICATIONS COMMITTEE Pat Priest, Chairman changes were submitted to the Board of possibility of some new features, Members: Directors at its meeting on October 27, including a humor column. Stanley Weinberg, Dallas 1979 and by that body unanimously The committee and the Board of Raymond Caballero, El Paso approved. Directors believe that full use has not Clif Holmes, Kilgore, Ex Officio, The Board of Directors, pursuant to been made of the Letters to the Editor Editor of VOlCE a motion by the Publications Committee, column. This column presents an excel- Your Publications Committee has been also passed a resolution that it would be lent opportunity for the sharing of ex- very active in the last couple of months, expected of each member of the Board periences and points of view. Somewhere and a number of developments have of Directors that he or she would, during in the State of Texas, every working day, resulted from our activity. First, we have ,each year of his or her term of office, one of our members is having an experi- come up with a number of changes in and provide at least one article for publication ence, the sharing of which with other improvements to VOlCE for the Defense. in VOlCE for the Defense. members could be extremely valuable. Among these changes are a number de- We have been comparing our publica- Most of us are not motivated to write a signed to reduce the cost of the publica- tion with that of other associations complete article, but five minutes dictat- tion to the association, without affecting around the country, and find that it com- ing a letter to VOlCE could be of the quality. These primarily have to do pares very favorably. However, we intend immense value to the membership. If with the kind of paper, colors of ink, to attempt to provide not only more and we each share our ideas, the combination manner of stapling and the like. These better articles, but are working on the will be unbeatable. Let us hear from you. VOICE for the DefensellVovernber 1979 3 Report ROSS PEROT: MORE OF THE SAME by the implication that my failure to do the-scenes approach will take the form of my job was to blame. Everybody close to a personal meeting between spokesmen the system knows that is not the truth. for TCDLA and Governor Clements, Mr. Perot may be a giant among business- followed by a similar meeting with Ross men, but he is a criminal justice amateur. Perot. We will attempt to convince them Aside from his ignorance of the sub- that they are wrong to start tinkering ject matter, what credentials does Mr. with the delecate machinery of the judi- Perot bring to the task? That Mr. Perot cial system. is best known for his recent sponsorship In the case of legislative battles such as of a prison break is ironical.
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