Weldon Holcomb August 24, 1925 - September 23, 2007 Eulogy for Weldon, September 27, 2007 by Hon
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VOICEFOR THE DEFENSE Volume 37 No 9 | November 2007 In this issue: :: Weldon Holcomb August 24, 1925 - September 23, 2007 Eulogy for Weldon, September 27, 2007 by Hon. Sam Griffith [ Registration ] Texas Criminal Trial College You will be considered based on the information you submit. Please be as detailed as possible. Applications must be received by 5:00 pm on February 11, 2008. Mail completed registration form to 1707 Nueces Street, Austin, Texas 78701 or fax to 512.469.0512. Name ______________________________________________________________________________________________________________ Address _____________________________________________________________________________________________________________ City, State, Zip ______________________________________________________________ Phone _________________________________ Cell____________________________ E-mail _______________________________________________ Fax __________________________ [ Yes, I Would Like to Apply ] q I would like to attend this training and have enclosed my application, two recommendation letters (Texas or federal judiciary and a TCDLA member) and $100 registration fee. (The $100 registration fee holds your spot pending approval of application.) Enrollment is limited. You will be notified by March 3, 2008. q I have attended a Criminal Trial College in the past. If so, what year? ________________ [ Trial Experience ] (participants are grouped according to experience) Please be candid about your trial experience, and do not exaggerate. Number of Trials: #______Felony Jury #______Felony Non-Jury #______Misdemeanor Jury #______Misdemeanor Non-Jury #______Civil Jury #______Non-Jury Type of practice and years in practice (general description): Other Training or Experience: Law school: Date graduated: Other trial training courses taken: Prosecutor: q Yes q No If yes, how long, when did you leave, and what experience did you have? Public defender: q Yes q No If yes, what office? Please give any additional information you believe would be helpful in explaining your level of experience: Why do you want to attend the College? (You may attach additional pages or other information you feel wil help us evaluate your application.) [ Payment ] q check (payable to TCDLA) q credit card (visa, mastercard, amex or discover) _____________________________________________________ _____________________________________________________ name on card signature _____________________________________________________ _____________________________________________________ credit card number expiration date The Texas Criminal Trial College is sponsored by CDLP, a project of TCDLA, funded by the Court of Criminal Appeals of Texas. www.tcdla.com :: Contents :: Features 24 | Weldon Holcomb 29 | Introduction to the United States’ Criminal Justice System By Judge Jay Karahan 31 | The Law West (and East) of the Pecos By Richard L. Ellison 36 | Motion of the Month 40 | War Story By Alexander Bunin 52 | Cognitive Psychology of Circumstantial Evidence Part II By Kevin John Heller :: Columns 10 | President’s Message 14 | Executive Director’s Perspective 18 | Editor’s Comment 20 | Federal Corner :: Departments 5 | TCDLA Member Benefits 6 | Staff Directory 7 | CLE Seminars and Events Significant Decisions Report 43 | Volume 37 No 9 | November Issue VOICE for the Defense (ISSN 0364‑2232) is published monthly, except for January/February and July/August, which CONTRIBUTORS Send all feature articles to Rebecca Davis, 211 South Rusk Street, Weatherford, Texas 76086, are bi‑monthly, by the Texas Criminal Defense Lawyers Association Inc., 1707 Nueces Street, Austin, Texas 78701. 817.341.4500. Please send all other materials for publication to Emmett Harris, 114 E. North Street, Uvalde, Texas Printed in the USA. Basic subscription rate is $40 per year when received as a TCDLA member benefit. Non‑member 78801, 830.278.4551 or to VOICE for the Defense, 1707 Nueces Street, Austin, Texas 78701, 512.478.2514, Fax subscription is $75 per year. Periodicals postage paid in Austin, Texas. 512.469.9107. E‑mail materials can be sent to [email protected]. POSTMASTER Send address changes to VOICE for the Defense, 1707 Nueces Street, Austin, Texas 78701. VOICE for Statements and opinions published in the VOICE for the Defense are those of the author and do not necessarily the Defense is published to educate, train and support attorneys in the practice of criminal defense law. represent the position of TCDLA. No material may be reprinted without prior approval and proper credit to the magazine. ©2006 Texas Criminal Defense Lawyers Association. VOICE FOR THE DEFENSE EDITOR Emmett Harris Uvalde, Texas 830.278.4551 [email protected] SIGNIFICANT DECISIONS REPORT EDITOR Cynthia Hampton TCDLA Home Office 512.478.2514 [email protected] FEATURE ARTICLES EDITOR Rebecca Davis Weatherford, Texas 817.341.4500 [email protected] DESIGN, LAYOUT, EDITING Craig Hattersley TCDLA Home Office 512.478.2514 [email protected] PRINTING Art Jam Productions, Inc. 512.389.1747 [email protected] PRESIDENT Craig Jett | Dallas PRESIDENT‑ELECT H. F. “Rick” Hagen | Denton FIRST VICE PRESIDENT Stanley Schneider | Houston SECOND VICE PRESIDENT William Harris | Ft. Worth TREASURER Keith S. Hampton | Austin SECRETARY Lydia Clay‑Jackson | Conroe DIRECTORS Susan E. Anderson, Dallas Tom Pappas, Dallas Kerri K. Anderson-Donica, Corsicana William E. Price, Lampasas Robert J. Barrera, San Antonio William H. Ray, Fort Worth Samuel E. Bassett, Austin George Scharmen, San Antonio Jason Butscher, Sherman Mark S. Snodgrass, Lubbock John F. Carroll, San Antonio Fred M. Stangl, Lubbock Dan Cogdell, Houston Grant M. Scheiner, Houston Paul A. Conner, Fort Worth Sheldon Weisfeld, Brownsville John A. Convery, San Antonio Russell Wilson, Dallas Kenda Culpepper, Rockwall Warren Alan Wolf, San Antonio James O. Darnell, El Paso William Reagan Wynn, Fort Worth Danny Easterling, Houston John S. Young, Sweetwater Juan Ramon Flores, Laredo Michael P. Gibson, Dallas ASSOCIATE DIRECTORS Steven R. Green, Athens Stephen U. Baer, Dallas Michael C. Gross, San Antonio Jaime E. Carrillo, Kingsville Emmett Harris, Uvalde Jason D. Cassel, Longview John R. Heath, Nacogdoches Clay S. Conrad, Houston H. Thomas Hirsch, Odessa Darlina C. Crowder, McKinney Lynn Ingalsbe, Abilene Harold J. Danford, Kerrville Sam H. Lock, San Antonio James D. Granberry, Corpus Christi Constance A. Luedicke, Corpus Christi Theodore A. Hargrove, San Angelo James Makin, Beaumont Reynaldo M. Merino, McAllen Jim W. Marcus, Austin Patrick S. Metze, Lubbock W. Troy McKinney, Houston Franklyn R. Mickelsen, Dallas Bobby D. Mims, Tyler David E. Moore, Longview Larry M. Moore, Fort Worth Shawn W. Paschall, Fort Worth Doug Murphy, Houston Bruce Ponder, El Paso John P. Niland, Austin William A. Vitz, McKinney Robert Pace, Tyler James P. Whalen, Plano 4 VOICE FOR THE DEFENSE November 2007 :: eLawSoftware :: Membership Directory (printed and online) 15 percent discount to TCDLA members on its Web Based Criminal Comprehensive listing of current TCDLA members, updated, reprinted Defense Client Management software. We provide an all-inclusive client and mailed annually and online directory of current TCDLA members. file at your fingertips that also allows you to take control of your collec- tions. With no long term contract to sign, this is a risk free venture in :: Lawyer Locator attaining a more efficient and profitable law practice. 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When booking -ON A partnership to engage community members in areas of significant LINE, enter your location, date, time and corporate account # 65TCDLA. decisions, legislative and capital issues/updates, upcoming seminars and You will then be asked for your discount ID which is the first three letters events, and more ... of TCDLA (TCD). Make your reservation at Enterprise Rent-A-Car :: TCDLA Discounts :: La Quinta Receive significant discounts on CLE seminars and TCDLA 10 percent discount to all TCDLA members. Simply tell the reservations publications. agent that you are with the Texas Criminal Defense Lawyers Association or give the discount code (TCDLA) on the La Quinta web site to get the Discounted liability insurance with Joe Pratt Insurance. discounted rate. Visit www.lq.com or call 1.800.531.5900. :: Strike Force :: Sprint PCS Strike Force assistance to aid lawyers threatened with or incarcerated for 15 percent discount to TCDLA members on its wireless services. Existing contempt of court. Sprint customers can receive the discount without interruption and new customers can receive additional discounts on equipment. :: Resources Expansive library of research papers from renowned criminal defense 1. Dial 888.211.4727. lawyers. 2. Navigate to live customer service representative. 3. Let customer service representative know you want to be :: Significant Decisions Report attached to hierarchy