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Emmett Harris Or FOR THE DEFENSE Volume 43 No. 5 | June 2014 Emmett Harris www.tcdla.com or www.TopGunDWI.com 12th Annual Top Gun DWI Battling Blood Cases Houston, Texas August 22, 2014 Danny Easterling & Grant Scheiner EDITOR www.tcdla.com or www.TopGunDWI.com Michael Gross San Antonio, Texas 210-354-1919 [email protected] ASSISTANT EDITOR Grant Scheiner Houston, Texas 713-783-8998 [email protected] Contents SIGNIFICANT DECISIONS REPORT EDITOR Kathleen Nacozy 512-507-0115 [email protected] DESIGN, LAYOUT, EDITING Features Craig Hattersley TCDLA Home Office 512-646-2733 Pictures from the 27th Annual [email protected] Rusty Duncan Advanced Criminal 18 TCDLA OFFICERS: Law Course President Emmett Harris | Uvalde Defending Boating While President-Elect Sam Bassett | Austin Intoxicated Cases 22 First Vice President Doug Murphy John Convery | San Antonio Second Vice President After the Ball David Moore | Longview Warren Wolf Treasurer 35 Mark Snodgrass | Lubbock Secretary Texas and Federal Rules of Kerri Anderson-Donica | Corsicana Evidence: Our Top Twelve General Counsel 38 Patricia J. Cummings | Austin Ed & Sara Stapleton [email protected] Executive Director Joseph A. Martinez 512-646-2726 [email protected] Columns DIRECTORS John Ackerman, Sunrise Beach Fred Brigman III, San Angelo President’s Message Susan Anderson, Dallas Sarah Roland, Denton 7 Jim Darnell Sr., El Paso Rick Berry, Marshall Executive Director’s Perspective Robert Fickman, Houston Nicole DeBorde, Houston 9 Deandra Grant, Richardson Laurie Key, Lubbock 11 Federal Corner Michael Gross, San Antonio Carole Powell, El Paso Theodore Hargrove III, San Angelo R. H. “Ray” Rodriguez Jr., Laredo 16 Said & Done Steve Keathley, Corsicana Donald Flanary III, San Antonio Jeanette Kinard, Austin Jo Ann Jacinto, El Paso Jani Wood, Houston Angela Moore, San Antonio George Milner III, Dallas Marjorie Bachman, Austin David O’Neil, Huntsville John Hunter Smith, Sherman Departments Stephanie Patten, Fort Worth Bennie Ray, Austin Associate Directors 4 TCDLA Member Benefits Edward Stapleton III, Brownsville Bobby Barrera, San Antonio Clay Steadman, Kerrville Michael Head, Athens 5 CLE Seminars and Events Gary Udashen, Dallas Susan Johnston, Waco Significant Decisions Report Oscar Vega, McAllen Bradley Lollar, Dallas 41 Melissa Hannah, Lufkin Louis Lopez Jr., El Paso Michael McDougal, Conroe Mark Thiessen, Houston Anthony Odiorne, Burnet Monique Sparks, Houston Clint Broden, Dallas Curtis Barton, Houston Adam Kobs, San Antonio Courtney Stamper, Waxahachie Stephen Gordon, Haltom City Simon Purnell, Corpus Christi Heather Barbieri, Plano Frank Sellers, Lubbock Bruce Ponder, El Paso Roberto Balli, Laredo Coby Waddill, Denton Hiram McBeth, Dallas Emily Detoto, Houston David Ryan, Houston Volume 43 No. 5 • June 2014 George Taylor, San Antonio Jeremy Rosenthal, McKinney Oscar Pena, Laredo Audrey Moorehead, Dallas Voice for the Defense (ISSN 0364‑2232) is published monthly, except for January/February and July/August, which CONTRIBUTORS: Send all feature articles in electronic format to Voice for the Defense, 6808 Hill Meadow Drive, are bi‑monthly, by the Texas Criminal Defense Lawyers Association Inc., 6808 Hill Meadow Drive, Austin, Texas Austin, Texas 78736, 512‑478‑2514, fax 512‑469‑9107, c/o [email protected]. 78736. Printed in the USA. Basic subscription rate is $40 per year when received as a TCDLA member benefit. Non‑member subscription is $75 per year. Periodicals postage paid in Austin, Texas. Dues to TCDLA are not de‑ Statements and opinions published in the Voice for the Defense are those of the author and do not necessarily ductible as a charitable contribution. As an ordinary business expense the non‑deductible portion of membership rep re sent the position of TCDLA. No material may be reprinted without prior approval and proper credit to the dues is 25% in accordance with IRC sec. 6033. mag a zine. © 2014 Texas Criminal Defense Lawyers Association. POSTMASTER: Send address changes to Voice for the Defense, 6808 Hill Meadow Drive, Austin, Texas 78736. Voice for the Defense is published to educate, train, and support attorneys in the practice of criminal defense law. 4 Membership Benefits 4 Strike Force (assistance to aid lawyers threatened with or incarcerated for contempt of court) Chair Darlina Crowder Gary Udashen David Botsford Oscar Peña Reagan Wynn Matthew Goeller David Frank Sheldon Weisfeld Co-Chair Nicole DeBorde Rick Hagen District 7 Keith Hampton Richard Weaver Buck Files District 13 District 1 Don Wilson Craig Henry District 10 Mike Aduddell Jim Darnell Randy Wilson Scrappy Holmes Don Flannery Travis Kitchens Mike R. Gibson Tim James Gerry Goldstein James Makin Mary Stillinger District 5 Frank Long Michael Gross Larry McDougal Scott Brown Bobby Mims Michael McCrum District 2 Mark Daniel David E. Moore Cynthia Orr District 14 Tip Hargrove Michael Heiskell Barney Sawyer Danny Easterling H. W. Leverett Larry Moore District 11 Robert Fickman Greg Westfall District 8 Harold Danford JoAnne Musick District 3 Kerri Anderson-Donica Emmett Harris Katherine Scardino Jeff Blackburn District 6 Michelle Esparza Angela Moore Grant Scheiner Dan Hurley Richard Anderson Steve Keathley Clay Steadman Stan Schneider Chuck Lanehart Clint Broden Michelle J. Latray George Secrest Bill Wischkaemper Ron Goranson District 12 Bob Hinton District 9 George Altgelt District 4 George Milner III Sam Bassett Joe Connors Heather Barbieri Kevin Ross Betty Blackwell Bobby Lerma State Motions CD—Newly updated! TCDLA Discounts New members will receive a comprehensive CD of state forms and Receive significant discounts on CLE seminars and TCDLA publica‑ motions, including DWI, post‑trial, pretrial, and sexual assault mo‑ tions. Discounted liability insurance with Joe Pratt Insurance. tions. TCDLA Logo for Member Use Brief, Motion, and Memo Bank Camera‑ready art of the TCDLA logo is now available for use on A library of the collected tools of the trade from some of the top business cards, websites, etc. criminal defense lawyers in the state. Membership Certificate Listserves Display your TCDLA membership with pride! New members will re‑ A partnership to engage community members in areas of significant ceive a personalized certificate by mail. Members of 25 years receive decisions, legislative and capital issues/updates, upcoming seminars a special certificate. and events, and more . Legislature Sprint Discount A team of lobbyists involved in the legislative effort and keeping Sprint has changed the process in how to receive their 15% discount. members up to date. Please fill out the verification form and fax to TCDLA at 512.469.0512 or email to [email protected] and TCDLA will have it submitted to Ethics Hotline Sprint. If you have a question about ethics in criminal defense law, call the hotline at 512‑646‑2734 and leave a message. You will receive a call Enterprise Car Rental or several calls within 24 hours. Ten percent discount for members. Enterprise is the largest rental car company in North America in terms of locations and number of cars, Updated iPhone/iPad/Droid/Windows 7 App while providing the highest level of customer service. The corporate An entire library of criminal codes and statutes in the palm of your account number for TCDLA members is 65TCDLA. You may contact hand. your local office directly or visit www.enterprise.com. When booking Voice for the Defense magazine—print and online online, enter your location, date, time, & the corporate account number. A subscription to the only statewide magazine written specifically for You will then be asked for your discount ID, which is the first three let‑ defense lawyers, published 10 times a year. ters of TCDLA (TCD). Make your reservation at Enterprise Rent‑a‑Car. Membership Directory (printed or online) Subscription Services Inc. Comprehensive listing of current TCDLA members, print or PDF Fifty percent discount off the cover price of more than 1,000 maga‑ version, updated yearly. Online directory updated daily. zines, including Newsweek, New Yorker, Texas Monthly, etc. Visit Lawyer Locator www.buymags.com/attorneys. Online directory providing members an opportunity to list up to three areas of practice for public advertising. State Motions CD New members will receive a comprehensive CD of state forms and mo‑ Expert List tions, including DWI, post‑trial, pretrial, and sexual assault motions. Extensive list of experts for all types of criminal cases, including investigation, mitigation, and forensics specialists. Resources Expansive library of research papers from renowned criminal de‑ Significant Decisions Report fense lawyers and other valuable information and sites. Professional reports summarizing state and federal cases, emailed weekly. 4 CLE and Events 4 Register online at www.tcdla.com July 2014 October 2014 November 14–15 July 25 October 8–9 TCDLA | El Paso Criminal Law CDLP | Criminal Law Basics CDLP | Innocence for Students Seminar Austin, TX Dallas, TX Ruidoso, NM August 2014 October 9–10 November 18 August 1 CDLP | 12th Annual Forensics CDLP | Training Your Defense CDLP | Nuts ’n’ Bolts | co-sponsored Dallas, TX Team to Win with San Antonio Criminal Defense McAllen, TX Lawyers Association October 16–17 San Antonio, TX CDLP | Criminal Law | co-sponsored November 20–21 with Harris County Criminal Lawyers CDLP | Capital Litigation/Mental August 7–8 Association South Padre Island, TX CDLP | Innocence for Attorneys Houston, TX Austin, TX November 21 October 22–26 CDLP | PD Morton Act August 15 TCDLA | Round
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