DOCSLIB.ORG

Download Or Read It Here. May-June-2021-Issue

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Download Or Read It Here. May-June-2021-Issue TheThe TexasTexas The official journal of the Texas District and County Attorneys Association ProsecutorProsecutor May–June 2021 • Volume 51, Number 3 “It shall be the primary duty of all prosecuting attorneys … not to convict, but to see that justice is done.” Art. 2.01, Texas Code of Criminal Procedure The meaning of ‘material’ in Watkins v. State If you are a prosecutor, certainly you have heard of the Michael Morton Act. The Act has caused a significant change in the practice of all prosecu- tors and has impacted the workload of prosecutor office staff. But did you know the Michael Morton Act did not create By Alan Curry a new statute? The Michael Morton Act actually amended part of Texas’s discovery statute, which had been on the Assistant Criminal District Attorney in Galveston County books for decades, and it added several new subsections to it.1 The Michael Morton Act specifically amended Art. 39.14(a) of the Texas Code of Criminal Procedure, which now The Michael Morton Act added several new types of evi- requires that the State produce, after a timely request from dence that the State is required to disclose, but—as you can the defendant, various pieces of “evidence material to any see—there has been no change to the language as to the na- matter involved in the action.”2 Prior to the enactment of the ture of the evidence that the State is required to produce. Michael Morton Act, Art. 39.14(a) had long required the State The State is, and always has been, required to produce “evi- to produce, “upon motion of the defendant showing good dence material to any matter involved in the action.” cause,” various pieces of “evidence material to any matter in- So if the Michael Morton Act is such a big deal—and it is— volved in the action.” that must be based upon some other addition to Art. 39.14 Thus, the Michael Morton Act removed the “good cause” caused by the Michael Morton Act, right? Not so fast. requirement from the previous versions of Art. 39.14(a), and In Watkins v. State,3 the Texas Court of Criminal Appeals it based the State’s duty to disclose upon a request made by was squarely confronted with the meaning of this quoted the defendant, instead of a motion made to the trial judge. Continued on page 13 TDCAF News TEXAS The Escamilla– D ISTRICT AND COUNTY Wortham Challenge A TTORNEYS FOUNDATION The Foundation Board of 505 W. 12th St., Trustees is honored and proud Ste. 100 Austin, TX 78701 to announce a first-ever event: www.tdcaf.org the Escamilla–Wortham BOARD OF Challenge. TRUSTEES Bobby Bland Kathleen A. Braddock David Escamilla, former District Attorney in Thomas L. Bridges Travis County and 2021 Chair of the Foundation Kenda Culpepper Board, announced after he left office that he was Yolanda de Leon offering up to $10,000 of his leftover campaign By Rob Kepple David A. Escamilla funds as a dollar-for-dollar challenge grant to the TDCAF & TDCAA Executive Director in Austin Knox Fitzpatrick Foundation. Tony Fidelie Bob Wortham, the current CDA in Beaumont, H.E.Bert Graham thought that was such a great idea that he added Please note that because David and Russell Hardin, Jr. another $5,000 to the challenge! Bob’s contributions are personal Helen Jackson So, TDCAA supporters, it is time to rally to- gifts, they can be matched only with Tom Krampitz gether by contributing to the Foundation so personal gifts that will support the Barry L. Macha David and Bob can match your donations—up to Foundation’s unrestricted funds. If Ken Magidson $15,000! Every dollar you donate helps! I’ve al- you have any questions about con- Mindy Montford ready started us with $100. Who will be next? tributing, please call me at 512/474- Johnny Keane Sutton Current Foundation supporters, watch for a 2436. Greg Willis card in the mail (yes, an actual paper card!) invit- We will track our progress with Mark Yarbrough ing you to give toward the matching gift. We’ll also a trusty “thermometer” graphic in send out an electronic invitation later as a gentle each addition of this journal (at ADVISORY reminder to contribute. If you want to give now, right), and the challenge ends De- COMMITTEE you can do so at www.tdcaf.org. cember 31. So let’s heat this up! i James L. Chapman Troy Cotton Ashton Cumberbatch, Jr. Norma Davenport Recent gifts to the Foundation* Dean Robert S. Fertitta Gerald R. Flatten Art Bauereiss Cheryl Lieck in memory of Mike Hinton Jack C. Frels Donna Bennett in memory of Oliver Kitzman Crawford Long in memory of Cathy Cochran Michael J. Guarino Joe Edd Boaz Doug Lowe Tom Hanna David Finney Lyn McClellan in honor of Beth Exley Bill Hill Bob Gage Sunni Mitchell W.C. “Bud” Kirkendall Casey Garrett in memory of Mike Hinton Kim Ogg James E. “Pete” Laney Michaela Kee Tiana Sanford Michael J. McCormick Rob Kepple Stephen Smith John T. Montford Bud Kirkendall in memory of Cathy Cochran Beth Toben Kimbra Kathryn Ogg Tom Krampitz in memory of Mike Hinton Bob Wortham Charles A. Rosenthal, Jr. and Oliver Kitzman Joe Shannon, Jr. Carol S. Vance * gifts received between February 6 and April 2, 2021 2 The Texas Prosecutor • May–June 2021 issue • www.tdcaa.com TEXAS DISTRICT AND COUNTY TABLE OF CONTENTS A TTORNEYS ASSOCIATION 505 W. 12th St., Ste. 100 COVER STORY: The meaning of ‘material’ in Watkins v. State Austin, TX 78701 • www.tdcaa.com By Alan Curry, Assistant Criminal District Attorney in Galveston County 2 TDCAF News OARD OF IRECTORS B D By Rob Kepple, TDCAF & TDCAA Executive Director in Austin Executive Committee 2 Recent gifts to the Foundation President John Dodson, Uvalde Chairperson Kenda Culpepper, Rockwall President-Elect Jack Roady, Galveston 4 Executive Director’s Report Secretary-Treasurer Bill Helwig, Plains By Rob Kepple, TDCAA Executive Director in Austin Regional Directors 6 Training Wheels Region 1: Randall Coleman Sims, Amarillo By Brian Klas, TDCAA Training Director in Austin Region 2: Philip Mack Furlow, Lamesa 8 DWI Corner Region 3: Ricky Thompson, Sweetwater By W. Clay Abbott, TDCAA DWI Resource Prosecutor in Austin Region 4: John Hubert, Kingsville 9 Victim Services Column Region 5: Bob Wortham, Beaumont By Jalayne Robinson, LMSW, TDCAA Director of Victim Services Region 6: Greg Willis, McKinney Region 7: Kriste Burnett, Palo Pinto 17 Zooming in to TDCJ Region 8: Natalie Koehler Denbow, Meridian By Jon English, Prosecutor, Special Prosecution Unit Board Representatives 20 Understanding the insanity defense District Attorney Julie Renken By Zack Wavrusa, Assistant County and District Attorney in Rusk County Criminal District Attorney Erleigh Wiley 27 The unit-of-prosecution test strikes again in Ortiz v. State County Attorney Leslie Standerfer By Ali Nasser, Assistant Criminal District Attorney in Dallas County Assistant Prosecutor Tiana Sanford 31 Making the most of the time jury trials have left behind Training Committee Chair Tiana Sanford By Amy M. Eades, Assistant District Attorney in Brazos County Civil Committee Chair John Dodson TAC Representative Laurie English 35 Crossover Court helps juvenile offenders with open CPS Investigator Board Chair Gale Echols cases Key Personnel & Victim By Joshua Luke Sandoval, Assistant Criminal District Attorney in Bexar Services Board Chair Amber Dunn County STAFF Robert Kepple, Executive Director • W. Clay Abbott, DWI Resource Prosecutor • Diane Beckham, Senior Staff Counsel • Kaylene Braden, Membership Director & Assistant Database Manager • William Calem, Director of Operations & Chief Financial Officer • Shannon Edmonds, Director of Governmental Relations • Sarah Halverson, Communications Director • Stephanie Huser, Research Attorney • Jordan Kazmann, Sales Manager • Brian Klas, Training Director • Andie Peters, Assistant Meeting Planner • Jalayne Robinson, Victim Services Director • Dayatra Rogers, Database Manager & Registrar • LaToya Scott, Meeting Planner • Andrew Smith, Financial Officer • Amber Styers, Reimbursement Clerk ABOUT THE TEXAS PROSECUTOR Published bimonthly by TDCAA through legislative appropri- ation to the Texas Court of Criminal Appeals. Subscriptions are free to Texas prosecutors, staff, and TDCAA members. Ar- ticles not otherwise copyrighted may be reprinted with attri- bution as follows: “Reprinted from The Texas Prosecutor journal with permission of the Texas District and County At- torneys Association.” Views expressed are solely those of the authors. We retain the right to edit material. Executive Director’s Report Women in prosecution In March, I received a wonder- ful letter from a former DA and good friend of TDCAA, Steve Smith, a judge in Sutton County. Steve had been reading in the Texas Bar Journal about Women’s History Month, but the article did not mention the name of the first woman dis- trict attorney in Texas. He wondered in his letter By Rob Kepple if it was the former 51st Judicial District Attorney TDCAF & TDCAA Executive Director in Austin Charlotte Harris, who took office in 1992. My cu- riosity piqued, I decided to find out. My first stop in the way-back machine was the archives of The Texas Prosecutor journal, where I found a great article written by Lori Kaspar, then the County Attorney in Hood County, about Texas’s first female county attorney, Nellie Gray It took a little more digging, and for a moment Robertson. Nellie was one of the first women to I thought I had hit the jackpot when I discovered graduate with a law degree from the University an article about the Honorable Bonnie Leggat of Texas. In 1918, just six years after entering law Hagen, who had been appointed as the first dis- school, Nellie was elected as the County Attorney trict attorney in Harrison County in 1985. But in Hood County.
Load more

Recommended publications
  • The STATE of the JUDICIARY in Texas Chief Justice Wallace B
    The STATE OF THE JUDICIARY in Texas Chief Justice Wallace B. Jefferson Presented to the 81st Legislature February 11, 2009 Austin, Texas The STATE OF THE JUDICIARY in Texas Chief Justice Wallace B. Jefferson Presented to the 81st Legislature February 11, 2009 Austin, Texas THE SUPREME COURT OF TEXAS WALLACE B. JEFFERSON Justices Chief Justice NATHAN L. HECHT HARRIET O’NEILL DALE WAINWRIGHT SCOTT A. BRISTER DAVID M. MEDINA PAUL W. GREEN PHIL JOHNSON DON R. WILLETT THE TEXAS COURT OF CRIMINAL APPEALS SHARON KELLER Judges Presiding Judge LAWRENCE E. MEYERS TOM PRICE PAUL WOMACK CHERYL JOHNSON MICHAEL E. KEASLER BARBARA PARKER HERVEY CHARLES R. HOLCOMB CATHY COCHRAN Chief Justice Wallace B. Jefferson STATE OF THE JUDICIARY Presented to the 81st Legislature February 11, 2009 Austin, Texas Governor Perry, Lt. Governor Dewhurst, Speaker Straus, members of the Legislature, to my colleagues on the bench and most importantly, to the citizens of Texas, thank you for giving me an opportunity to speak with you today. These are critical times for Texas and for the nation. Now more than ever, the public relies on all branches of government to work together. That work begins here in the Capitol, in this chamber and in the Senate, where the Legislature crafts laws to promote the general welfare. Without the executive branch to enforce them, the laws may as well be written on sand. And unless the judiciary interprets the laws faithfully, the underpinning of our democracy – the rule of law – will falter. We each have an obligation to concentrate our energies on the first goal the United States Constitution articulates, and that is “to establish Justice.” Working together, we have made good progress toward that ideal.
    [Show full text]
  • Special Court of Review Vacates Public Warning, Charges Against Keller
    Case Closed: Special Court of Review Vacates Public Warning, Charges Against Keller By Mary Alice Robbins Texas Lawyer October 18, 2010 Breaking her silence after three years, Texas Court of Criminal Appeals Presiding Judge Sharon Keller says she feels "vindicated" by a special court of review's decision to vacate the State Commission on Judicial Conduct's public warning and charges against her. Although some reporters have written that the three-justice court of review's Oct. 11 decision in In Re: Honorable Sharon Keller was only a technical victory for Keller, she doesn't see it that way. "I won," Keller says. "People can call it what they want." Keller, a member of the CCA since 1995 and its presiding judge since 2000, also says she will seek re - election in 2012. "I have always planned on doing that," she says. Her judicial conduct case played out against the backdrop of debate over the death penalty. Dubbed "Sharon Killer" by some anti-death penalty activists, Keller has experienced not only the commission's investigation and prosecution of its charges against her but also critical media coverage and protests at her home. "It's been a three-year-long ordeal," Keller says. Austin solo Lillian Hardwick, co-author of the "Texas Handbook on Lawyer and Judicial Ethics," says what many people have focused on in Keller's case is the death penalty. "Make no mistake, the death penalty is a serious issue, but that's not what this is about," Hardwick says. Hardwick says, "It's whether what Judge Keller said and did on that day [Sept.
    [Show full text]
  • JA2021-Issue
    TheThe TexasTexas The official journal of the Texas District and County Attorneys Association ProsecutorProsecutor July–August 2021 • Volume 51, Number 4 “It shall be the primary duty of all prosecuting attorneys … not to convict, but to see that justice is done.” Art. 2.01, Texas Code of Criminal Procedure New discovery rules for asset forfeitures When it comes to asset forfeitures, planning is the key to success. It sounds simple enough, but with the new discovery rules (effective Janu- ary 1, 2021) and a mere 30-day filing deadline, the challenge of successfully prosecuting forfeiture cases has By Jennifer Hebert grown. Assistant District Attorney in Brazos County Prosecutors are already juggling chaotic schedules with packed dockets (and backed-up dockets due to COVID-19) and crazy trial schedules, and law enforcement agencies are Knowing the rules overloaded with detectives who can hardly keep up with the Let’s start with the basics. What is asset forfeiture? Asset workload. So with all of these challenges, the question is, how forfeiture is a means by which law enforcement can legally can you successfully manage a forfeiture docket? take contraband from criminals through a civil process. While there isn’t an answer that works for everyone, each Contraband is defined by Texas law as property of any na- prosecutor has to find an efficient strategy or system that ture (including real, personal, tangible, or intangible) that works for the individual situation. What works in one office is used or intended to be used in the commission of, pro- or for one prosecutor may not work for someone else.
    [Show full text]
  • Texas Civil Rights Project
    TEXAS CIVIL RIGHTS PROJECT Michael Tigar Human Rights Center 1405 Montopolis Drive Austin, Texas 78741-3438 (512) 474-5073 (phone) (512) 474-0726 (fax) James C. Harrington Wayne Krause Director Senior Staff Counsel Sheri Joy Nasya Tolliver Isaac F. Harrington Scott C. Medlock Attorneys 10 October 2007 State Commission on Judicial Conduct PO Box 12265 Austin, TX 7871 1-2265 Re: Judge Sharon Keller Presiding Judge, Texas Court of Criminal Appeals Dear Members of the Commission: We wish to file a formal complaint against Judge Sharon Keller (Presiding Judge, Texas Court of Criminal Appeals) and ask that you take appropriate, immediate, and severe disciplinary action. The Texas Civil Rights Project is a nonprofit foundation that promotes civil rights and economic and racial justice throughout Texas. SUMMARY STATEMENT This complaint involves a situation in which Judge Keller refused to allow the attorneys for Michael Richard, scheduled to be executed on the same day, to file pleadings on his behalf, based on a grant of certiorari by the U.S Supreme Court that same day on the question of the constitutionality of lethal injunction. The attorneys had requested that the court clerk's office remain open twenty minutes past the 5pm closing time because they had experienced computer failure in the preparation of their pleading. Judge Keller refused the request, even though she was not the judge assigned to the Richard case. As a result, Richard then was executed by lethal injection. Judge Keller's actions denied Michael Richard two constitutional rights, access to the courts and due process, which led to his execution.
    [Show full text]
  • The Office of the Federal Public Defender (Txn)
    THE OFFICE OF THE FEDERAL PUBLIC DEFENDER (TXN) and THE FEDERAL BAR ASSOCIATION (FORT WORTH ) are pleased to sponsor the 2016 “Federal Criminal Law Practice” Refresher CLE United States Federal Courthouse, 501 West 10th St., Jury Room Fort Worth, Texas Friday, April 08, 2016 Overview The Federal Public Defender for the Northern District of Texas has designed this one-day event to provide the experienced federal criminal defense practitioner with instruction in a broad array of procedural and substantive subject matter. The Federal Defender has submitted the appended agenda to the State Bar of Texas for certification and the course has been approved for 7.00 hours of continuing legal education credit, of which one (1) hour qualifies for Ethics credit. Cost(s): All Attendees: Free Lunch: TBD Parking: On your own Registration: Register online here or E-Mail the appended form to: [email protected] -1- AGENDA 7:45 - 8:00 A.M. Welcoming Remarks The Hon. Jeffrey Cureton, United States Magistrate Judge Mr. Joe Cleveland, President, Federal Bar Association Mr. Jason Hawkins, Federal Defender N.D. of Texas 8:00 - 9:30 A.M. Sentencing Guideline Update Taylor Brown, Assistant Federal Defender N.D. of Texas Jerry V. Beard, Staff Attorney, N.D. of Texas On November 1, 2015, the latest version of the United States Sentencing Guidelines went into effect. In this session we will review the recent amendments and identify practice-pointers that you can use to increase your sentencing effectiveness. 9:30 - 10:30 A.M. Restitution Matthew Wright, Assistant Federal Defender N.D. of Texas One of the "high interest" items percolating recently at the Supreme Court, the Fifth Circuit, and the various Northern District's trial courts is court-ordered restitution.
    [Show full text]
  • Welcome to the 36Th Annual IACP Conference!
    INTERNATIONAL ASSOCIATION MARCH 14 - 17, 2014 OF CULINARY PROFESSIONALS Welcome to the 36th Annual IACP Conference! In the last two years since our transition to self-management, MESSAGE IACP has been reinventing itself in many ways to better serve you. We’ve expanded our range of non-conference events and introduced new mentoring and affiliates programs. We are on the Contents cusp of launching our popular Speaker Series to the broader culinary communi- ty, and we have recently cleaned house by streamlining the organization’s Board governance structure and policies and procedures. All in the spirit of helping you better connect with the people, places, and knowledge you need to succeed! 2 As you’ll soon see, this year’s conference has undergone some exciting transfor- mations, too. At your request, we’ve introduced more interactive sessions, integrated the Culinary Expo into the fabric of everyday conference, parsed the Awards Gala into more digestible units (read: more cel- ebrating and less sitting), and expanded our digital media content. And to keep you from missing a single beat, we’re recording some of the conference’s most sought-after sessions so you can experience them once you return home. I truly hope these changes will make this year’s conference all the more rewarding for you. I very much look forward to connecting with you over the next few days! Cheers, Julia M. Usher President, IACP CONTENTS WELCOME • 2 CONFERENCE OVERVIEW • 4 SCHEDULE-AT-A-GLANCE • 8 SPEAKERS • 17 SCHEDULE IN DETAIL • 41 IACP • 70 THE CULINARY TRUST • 74 SPECIAL THANKS • 79 SPONSORS • 80 USEFUL INFORMATION • 85 JUMP TO SECTIONS BY SELECTING TITLES CONFERENCE OVERVIEW 4 Welcome to Chicago! It’s my pleasure to welcome you to IACP’s 36th Annual Conference, held this year in one of the country’s most appetizing cities.
    [Show full text]
  • 1 Curriculum Vitae Susan R. Klein
    1 Curriculum Vitae Susan R. Klein 727 E. Dean Keeton Street Austin, TX 78705 Telephone: (512) 232-1324 e-mail address: [email protected] SSRN Author No. 59208 Employment: Alice McKean Young Regents Chair in Law, Univ. of TX at Austin, 2008 - present. Areas of expertise include Federal Criminal Law, Constitutional Criminal Procedure, Criminal Law, and Ethics. I also supervise a Department of Justice internship program with the United States Attorney's Office for the Western District of Texas (with Anthony Brown). Baker and Botts Professor in Law, Univ. of TX at Austin, 1999 - 2008. Professor of Law, Univ. of TX at Austin, 1998 - 1999. Assistant Professor of Law, Univ. of TX at Austin, 1994 - 1997. Attorney General's Honor Program. 1990 - 1994 - Trial Attorney for the United States Department of Justice, Criminal Division, Public Integrity, Money Laundering Asset Forfeiture, and Terrorism & Violent Crime Sections. Special Assistant United States Attorney for the United States Attorney's Office, Washington, D.C. 1989 - 1990 - Judicial Clerk for Judge Cynthia Holcomb Hall, United States Court of Appeals for the Ninth Circuit. Education: Boalt Hall School of Law University of California, Berkeley, CA Juris Doctor Degree, 1989 Class rank: top 1% (#2) John Stouffer Memorial Merit Scholarship for highest second year GPA Order of the Coif, for top 10% 2 Seven American Jurisprudence Awards, for best exam Two Prosser Prizes, for second best exam Articles Editor of IRLJ Wellesley College, Wellesley, MA B.A., Philosophy and Political Science, 1984. Publications: “Policing in a Democracy Without Privacy,” Book Review of Barry Freidman "Unwarrented: Policing Without Permission,” 57 New England Law Rev.
    [Show full text]
  • Texas Law Judicial Clerks List
    Texas Law Judicial Clerks List This list includes Texas Law alumni who reported their clerkships to the Judicial Clerkship Program – or whose names were published in the Judicial Yellow Book or Martindale Hubbell – and includes those who clerked during the recent past for judges who are currently active. There are some judges and courts for which few Texas Law alumni have clerked – in these cases we have listed alumni who clerked further back or who clerked for judges who are no longer active. Dates following a law clerk or judge’s name indicate year of graduation from the University of Texas School of Law. Retired or deceased judges, or those who has been appointed to another court, are listed at the end of each court section and denoted (*). Those who wish to use the information on this list will need to independently verify the information being used. Federal Courts U.S. Supreme Court ............................................................................................................. 2 U.S. Circuit Courts of Appeals ............................................................................................. 3 First Circuit Second Circuit Third Circuit Fourth Circuit Fifth Circuit Sixth Circuit Seventh Circuit Eighth Circuit Ninth Circuit Tenth Circuit Eleventh Circuit Federal Circuit District of Columbia Circuit U.S. Courts of Limited Jurisdiction ...................................................................................... 9 Executive Office for Immigration Review U.S. Court of Appeals for the Armed Forces U.S. Court of Appeals for Veteran Claims U.S. Court of Federal Claims U.S. Court of International Trade U.S. Tax Court U.S. District Courts (listed alphabetically by state) ............................................................ 10 State Courts State Appellate Courts (listed alphabetically by state) ........................................................ 25 State District & County Courts (listed alphabetically by state) ..........................................
    [Show full text]
  • A History of the Tennessee Supreme Court;
    University of Tennessee, Knoxville TRACE: Tennessee Research and Creative Exchange College of Law Faculty Scholarship Law January 2003 Book reviews: A History of the Tennessee Supreme Court; Cathy Cochran University of Tennessee - Knoxville, [email protected] Follow this and additional works at: https://trace.tennessee.edu/utk_lawpubl Part of the Library and Information Science Commons Recommended Citation Cochran, Cathy, "Book reviews: A History of the Tennessee Supreme Court;" (2003). College of Law Faculty Scholarship. https://trace.tennessee.edu/utk_lawpubl/6 This Article is brought to you for free and open access by the Law at TRACE: Tennessee Research and Creative Exchange. It has been accepted for inclusion in College of Law Faculty Scholarship by an authorized administrator of TRACE: Tennessee Research and Creative Exchange. For more information, please contact [email protected]. Complete issue 54:3 Tennessee Libraries Vol 54 No 3 Full issue ● From the editors ● Tennessee Bibliography 2003 ● Book Reviews ● Interviews ● Webliography From the Editors Mark Ellis Now that the 2004 election is over, it seems like a good time to remind new officeholders as well as reelected incumbents of the importance of libraries to the health of the nation, and of the need for their support for libraries. In our district in Washington County, we have a new representative to the Tennessee legislature who promises to set up a public forum to find out the concerns of his constituents. My wife and I plan to attend and let him know our thoughts. In many areas the local chapters of the League of Women Voters will be setting up “meet your elected officials” events to provide the citizens of Tennessee with opportunities to talk to their representatives.
    [Show full text]
  • C:\Documents and Settings\Cspearson\Desktop\Facts
    NO. AP-75,363 IN THE COURT OF CRIMINAL APPEALS OF TEXAS AT AUSTIN MAX ALEXANDER SOFFAR, Appellant VS. THE STATE OF TEXAS, Appellee Trial Court Cause No. 319724 Appeal from the 23nd Judicial District Harris County, Texas The Honorable MARY LOU KEEL, Judge presiding BRIEF FOR APPELLANT DAVID R. DOW Bar No. 56064900 [email protected] JARED P. TYLER Bar No. 24042073 [email protected] Texas Defender Service 412 Main St. # 1150 Houston, Texas 77002 Voice: (713) 222-7788 Fax: (713) 222-0260 BRIAN W. STULL Practicing Pro Hac Vice [email protected] ACLU Capital Punishment Project 201 W. Main Street, Suite 402 Durham, NC 27701 Voice: (919) 682-9469 Fax: 919-682-5961 ORAL ARGUMENT REQUESTED ATTORNEYS FOR APPELLANT Identity of Parties and Counsel Pursuant to TEX. R. APP. P. 38.1(a) (2005), the parties to this suit are as follows: (1) MAX SOFFAR, TDCJ # 000685, TDCJ Polunsky Unit, 3872 FM 30 South, Livingston, Texas 77351, is the appellant and was the defendant in the trial court. (2) The STATE OF TEXAS, by and through the Harris County District Attorney’s Office, 1201 Franklin Street, Suite 600, Houston, TX 77002-1923, is the appelle and prosecuted this case in the trial court. The trial attorneys were as follows: (1) Max Soffar was represented by KATHRYN M. KASE and JOHN P. NILAND of the TEXAS DEFENDER SERVICE, 412 Main Street, Suite 1150, Houston, Texas 78704. (2) The State of Texas was represented by CHARLES A. ROSENTHAL, Jr., District Attorney, and LYN MCCLELLAN, DENISE NASSAR, AND ALAN CURRY, Assistant District Attorneys, 1201 Franklin Street, Suite 600, Houston, TX 77002-1923.
    [Show full text]
  • Tennessee College of Law Spring 15
    University of Tennessee College of Law Spring 15 Juan Quevedo As a teen, he led his family in pursuing citizenship. Now, this student is ready to help others achieve the same dream. Contents TENNESSEE LAW SPRING 2015 FEATURES 12 For Love of the Law When he coordinated his family’s immigration case as a teenager, student Juan Quevedo learned the value of compassionate legal representation. Now, he’s preparing for a career as an immigration lawyer to help others achieve their dreams of American citizenship. BY ROGER HAGY JR. 16 Step into the Past This year, we’re celebrating the 125th anniversary of the College of Law. Join us as we take a stroll down memory lane. 18 Open for Business We decided to imagine what a city block featuring some of the clients of the college’s Business Clinic might look like. 20 Irrepressible Contrarian Pioneer blogger, prolific writer, and law professor Glenn Reynolds applies his unique perspective to just about everything. BY BROOKS CLARK DEPARTMENTS 2 From the Dean 3 Omnibus 7 Syllabus Jeremy Stokes (’15) looks up at loved 8 Recess ones in the audience while standing with his fellow graduates at the 10 Deliberation Spring Hooding Ceremony. 24 Alumni PHOTO BY PATRICK MORRISON 26 Report on Giving 32 Colleague Tennessee Law EDITOR & DESIGNER From the Dean Omnibus Roger Hagy Jr. I get ready to finish up as dean and CONTRIBUTING WRITERS look back over the past seven years, it Brooks Clark As Introducing Melanie Wilson, our next dean feels like I just started. The time has flown by.
    [Show full text]
  • The STATE of the JUDICIARY in Texas
    The STATE OF THE JUDICIARY in Texas Chief Justice Wallace B. Jefferson Presented to the 79th Legislature February 23, 2005 Austin, Texas THE SUPREME COURT OF TEXAS WALLACE B. JEFFERSON Justices Chief Justice NATHAN L. HECHT PRISCILLA R. OWEN HARRIET O’NEILL DALE WAINWRIGHT SCOTT A. BRISTER DAVID M. MEDINA PAUL W. GREEN THE TEXAS COURT OF CRIMINAL APPEALS SHARON KELLER Judges Presiding Judge LAWRENCE E. MEYERS TOM PRICE PAUL WOMACK CHERYL JOHNSON MIKE KEASLER BARBARA P. HERVEY CHARLES R. HOLCOMB CATHY COCHRAN Chief Justice Wallace B. Jefferson STATE OF THE JUDICIARY Presented to the 79th Legislature February 23, 2005 Austin, Texas GOVERNOR PERRY, LIEUTENANT GOVERNOR DEWHURST, SPEAKER CRADDICK, DISTINGUISHED MEMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES, LADIES AND GENTLEMEN: I am honored to appear before you for my inaugural “State of the Judiciary” address, one of the unique privileges afforded to me as Chief Justice. As you know, I was appointed by Governor Rick Perry to fill the vacancy left when Chief Justice Tom Phillips retired. Tom Phillips devoted his life to the Court, and to the judiciary, and has received much-deserved praise for his service to Texas. I am sure I have the authority to order yet another plaque for this giant Texan. I choose instead to honor his example by speaking passionately about how the judiciary can best meet its responsibility to the people of Texas, to litigants in our courts, and to all who expect our halls of justice to be fair and impartial. The state of our judiciary is strong; made strong by those, like Chief Justice Phillips, who have dedicated their lives to the great public enterprise of preserving our state and national constitutions and to protecting and defending laws that ensure we remain a government of the people.
    [Show full text]