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Download Pdf Version TEXAS CRIMINAL DEFENSE LAWYERS ASSOCIATION FOR THE DEFENSE Volume 49 No. 10 | December 2020 ABC’s and 123’s of Parole Law: An Introduction to Parole Law | P. 18 Absurd Results During COVID-19 | P. 21 Cross Examining the State’s Domestic Violence Experts: The Blind Lumpers | P. 25 Expert Witnesses and Challenges to Expert Testimony Pt. 1 | P. 30 December 2020 8 VOICE FOR THE DEFENSE 1 This course is funded by a grant administered by the Texas Court of Criminal Appeals. 2 VOICE FOR THE DEFENSE 8 December 2020 EDITOR Sarah Roland | Denton, Texas 940-323-9305 [email protected] ASSISTANT EDITORS VOICE Clay Steadman | Kerrville, Texas FOR THE DEFENSE 830-257-5005 Volume 49 No. 10 | December 2020 [email protected] Features Jeep Darnell | El Paso, Texas 915-532-2442 Requiem for a Titan [email protected] David Moore 15 SIGNIFICANT DECISIONS REPORT EDITOR Kyle Therrian ABC’s and 123’s of Parole Law: An 972-200-9489 [email protected] Introduction to Parole Law 18 Sean David Levinson DESIGN, LAYOUT, EDITING Billy Huntsman TCDLA Home Office Absurd Results During COVID-19 512-646-2733 Stan Schwieger [email protected] 21 TEXAS CRIMINAL DEFENSE LAWYERS ASSOCIATION Cross Examining the State’s Domestic OFFICERS Violence Experts: The Blind Lumpers President 25 Grant M. Scheiner | Houston Jeremy Rosenthal President-Elect Michael Gross | San Antonio First Vice President Expert Witnesses and Challenges to Heather Barbieri | Plano Expert Testimony Pt. 1 Second Vice President 30 John Hunter Smith | Sherman Craig Jett Treasurer David Guinn Jr. | Lubbock Secretary Nicole DeBorde Hochglaube | Houston Columns Executive Officer Melissa J. Schank President’s Message 512-646-2724 | [email protected] 6 Executive Officer’s Perspective DIRECTORS 7 Editor’s Comment Matthew Allen, San Antonio Sean Levinson, Austin 8 Stephanie Alvarado, Dallas Hiram McBeth, Dallas Gene Anthes, Austin Dwight McDonald, Lubbock 9 Ethics and the Law Phil Baker, La Grange Nathan Miller, Denton Roberto Balli, Laredo Dustin Nimz, Wichita Falls 10 Chapter and Verse Clint Broden, Dallas Michelle Ochoa, Beeville Kristin Brown, Dallas Patrick O’Fiel, Kerrville 11 The Federal Corner Anne Burnham, San Antonio Damon Parrish, Houston Jessica Canter, Seguin Scott Pawgan, San Antonio 13 From the Front Porch Elizabeth Cortright, Haltom City Shane Phelps, Bryan Jeep Darnell, El Paso Brian Raymond, San Angelo Clifford Duke, Dallas Carmen Roe, Houston Departments Danny Easterling, Houston Jeremy Rosenthal, McKinney Tyler Flood, Houston Frank Sellers, Fort Worth Significant Decisions Report Ricardo Flores, Austin Dwayne Simpson, Houston 39 Robert Gill, Fort Worth Jessica Skinner, San Angelo Lisa Gonzalez, Richmond Monique Sparks, Houston Lisa Greenberg, Corpus Christi Suzanne Spencer, Austin Volume 49 No. 10 | December 2020 Mark Griffith, Waxahachie Stephanie Stevens, San Antonio Russell Gunter, Lubbock Mark Thiessen, Houston Heather Hall, El Paso Patty Tress, Denton Amanda Hernandez, San Antonio Paul Tu, Houston Joseph Hoelscher, San Antonio Chad Van Brunt, San Antonio John Torrey Hunter, San Antonio Amber Vazquez, Austin Jonathan Hyatt, Longview Gregory Waldron, Longview Allison Jackson Mathis, Houston Judson Woodley, Comanche Thuy Le, Houston Thomas Wynne, Dallas 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. TCDLA (group) @TCDLASTRONG @TCDLA The Voice is printed monthly, except for January/February and July August, for a total of 10 issues a year. CONTRIBUTORS: Send all feature articles in electronic format to Voice for the Defense, 6808 Hill Meadow Drive, Austin, Texas 78736, 512-478-2514, fax 512-469-9107, c/o [email protected]. Statements and opin- ions published in the Voice for the Defense are those of the author and do not necessarily repre sent the position of December 2020 8 VOICE FOR THE DEFENSE 3 TCDLA. No material may be reprinted without prior approval and proper credit to the mag a zine. © 2020 Texas Criminal Defense Lawyers Association. ProvidingSTRIKE assistant to lawyers threatened with or incarcerated FORCE for contempt of court. Call 512-478-2514 or email Nicole, [email protected], or Reagan, [email protected]. President District 3 District 6 District 9 District 13 Grant M. Scheiner Jeff Blackburn Richard Anderson Betty Blackwell James Makin Rusty Gunter Kristin Brown David Botsford Larry McDougal Co-Chairs Chuck Lanehart George Milner III David Frank Scott Pawgan Nicole DeBorde Bill Wischkaemper Toby Shook Reagan Wynn District 10 District 14 District 4 District 7 Don Flanary Danny Easterling District 1 Heather Barbieri Tim James Gerry Goldstein Robert Fickman Jim Darnell Darlina Crowder Bobby Mims Michael Gross Grant Scheiner Mike R. Gibson Kyle Therrian David E. Moore Angela Moore Stan Schneider Mary Stillinger Barney Sawyer District 5 District 12 District 2 Stephanie K. Patten District 8 Joe Connors Tip Hargrove Greg Westfall Steve Keathley Sheldon Weisfeld Michelle Latray TCDLA Staff—We’re here to serve Executive Officer Communications Director Seminar Clerks Melissa J. Schank Billy Huntsman Elisa Jaramillo [email protected] [email protected] [email protected] 512.646.2724 512.646.2733 512.646.2723 Chief Financial Officer Accountant Avea Reyes Mari Flores Cris Abascal [email protected] [email protected] [email protected] 512.646.2731 512.646.2727 512.646.2725 Jessica Steen Curriculum Director/Staff CLE Coordinator [email protected] Attorney Irma Rodriguez 512.646.2741 Rick Wardroup [email protected] [email protected] 512.646.2735 Megan Lance 806.763.9900 Media Specialist [email protected] Database Director Susan Nay 512.478.2514 Miriam Duarte [email protected] [email protected] 512.646.2736 512.646.2732 Executive Assistant CLE Director Keri Steen Briana Ramos [email protected] [email protected] 512.646.2721 512.646.2729 4 VOICE FOR THE DEFENSE 8 December 2020 TCDLA CLE & Meetings Register online at www.tcdla.com or call (512)478-2514 Note: Schedule and dates subject to change. Visit our website at www.tcdla.com for the most up-to-date information. Texas Criminal Defense Lawyers Educational Institute offers scholarships to seminars for attorneys in need. December January 22 March 19 December 2 TCDLA | 8th Annual Lone Star DWI CDLP | Battling the Resistance CDLP | Intellectual and Forensics McKinney, TX Developmental Disabilities (IDD) Pt. 1 Austin, livestream, or on-demand cosponsored with the Travis County March 21-26 Mental Health Bar Association January 25 TCDLA | Tim Evans Texas Criminal Livestream CDLP | Mindful Monday Trial College Webinar Huntsville, TX December 3-4 TCDLA | Defending Those Accused of February March 22 Sexual Offenses February 4 CDLP | Mindful Monday Houston, livestream, or on-demand CDLP | Capital Livestream Austin, TX December 5 March 25-26 TCDLA, TCDLEI, and CDLP Meetings February 4 TCDLA | 27th Annual Mastering Houston or livestream CDLP | Veterans Scientific Evidence in Austin, TX DUI/DWI Cases cosponsored with December 9 NCDD CDLP | IDD Pt. 2 cosponsored with February 5 New Orleans, LA the Travis County Mental Health Bar CDLP | 4th Amendment | Pre- and Association Post-Trial Litigation April Livestream Austin, TX April 1 CDLP | DNA December 11 February 5 Livestream TCDLA | 13th Annual Jolly Roger CDLP | Mental Health cosponsored with DCDLA Austin, TX April 9 Livestream CDLP | Leveraging the Subconscious February 16-18 Advantages in Criminal Cases Seminar Clerks December 16 Juvenile Training Immersion Program Austin, livestream, or on-demand Elisa Jaramillo CDLP | IDD Pt. 3 cosponsored with cosponsored with TIDC [email protected] the Travis County Mental Health Bar Austin, TX April 16 Association CDLP | Battling the Resistance 512.646.2723 Livestream February 18 Galveston, TX Avea Reyes CDLP | Battling the Resistance December 28 Fredericksburg, TX April 26 [email protected] CDLP | Mindful Monday CDLP | Mindful Monday 512.646.2731 Webinar February 18 Livestream CDLP | Indigent Defense Jessica Steen January Dallas, TX May [email protected] January 13 May 14 CDLP | Prairie Pup Nuts & Bolts co- February 22 TCDLA | DWI Defense Project 512.646.2741 sponsored with LCDLA CDLP | Mindful Monday Dallas, TX Livestream Livestream Megan Lance [email protected] January 14-15 February 25 TCDLEI provides scholarships for 512.478.2514 TCDLA | 40th Annual Prairie Dog TCDLEI Board Zoom Meeting those with financial needs. Contact Livestream [email protected]. March January 15 March 4-5 Seminars spon sored by CDLP are funded by the Court of CDLP | Battling the Resistance Cross Exam Criminal Appeals of Texas. Seminars are open to criminal defense attorneys; other pro fessionals who support the Tyler, TX Austin, livestream, or on-demand defense of criminal cases may attend at cost. Law enforcement personnel and prosecutors are not eligible to attend. TCDLA seminars are open only to criminal defense attor neys, January 15 March 6 mitigation specialists, defense investigators, or other pro- fessionals who support the defense of criminal cases. Law CDLP | Battling the Resistance TCDLA, TCDLEI, and CDLP Meetings enforcement personnel and prosecutors are not eligible to Waco, TX Austin or livestream attend unless noted “*open to all.” December 2020 8 VOICE FOR THE DEFENSE 5 GRANT M. SCHEINER Balancing the Supreme Court If it were revealed that Texas prisons and jails had failed to prevent more than 200 people (and counting) from suffocating during 2020, it would be an interna- tional outrage. Yet that’s what appears to be happening, according to a new study from the University of Texas Lyndon B. Johnson School of Public Affairs (UT-LBJ- PA).1 Will this disgrace continue or will the State of Texas put a stop to it? Some of the lowlights of UT-LBJ-PA’s study, released in November 2020, are: • As of early October 2020, at least 231 people have died in Texas cor- rectional facilities. This includes staff, jail and prison deaths. UT-LBJ-PA Study at 6. PRESIDENT’S • Prison deaths account for 93% of deaths among people in custody.
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