DOCSLIB.ORG

Voir Dire Bv Counsel in Federal Courts

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Voir Dire Bv Counsel in Federal Courts APRIL 1984/VOLUME 13, NUMBER 10 JOURNAL OF THE TEXAS CRIMINAL DEFENSE LAWYERS ASSOCIATION REGULAR FEATURES PAST PRESIDENTS OFFlCERS Editor's Corner . 3 President; Thomas Gilbert Shape, Jr. FmnkMaloney, AustiU President's Report . 4 Btownsde . President-Elect: Clifton L. Holmes 1971-1972 Significant Decisions Report . 9-28 C. Anthony Friloux, Jr., Houston Longview Thoughts from Beh~ndthe Walls . 34 First Vice President: Louis Dugas, Jt. 1972-1973 Phil Burleson. Orange Dallas Second Vice President: KnbxJones 1973-1974 George E. Gilkerson, Lubbock McAUen VOICE Interview: Semetaxy-Treasurer. CharlesD. Butts 1974-1975 C. DavidEuans, San Antonio Judge Sam Houston Clinton San Antonio by Brian We . 6 Asst. Secre~ry-Treasurer:Edward A. Mdett 1975-1976 . Houston Weldan Holcomb, Tyler Voir Dire by Counsel in 1976 1977 Federal Courts Emmett Colvin, Houston DIRECTORS by 3 1 1977-1978 John E. Ackeimm . Richard Alan Anderson, Dallas George P. Luquetfe, Hoastrm Cecil W. Bain, San Antonio 1978-1979 David R. Bires, Houston Vincent Waker Per4Dallas Copper Mountain Spring Seminar . 5 J.A. "Jim" Bobo, Odessa 1979-1980 lohn C. Bosmn. Austin Robert D. Jones, Ausm DWI Report-Blood Alcohol 1980-1981 Accuracy Questioned . 30 G& W. cafd;& Tyier Charles M. McDonald. Waco J.A. "Tony" Cades, Corpus Christi 1981-1Y82 Allen Cazirr, San Antonio Clifford W. Brown, Lubbock Joseph A. Connots In,McAUen 1983-1983 Gene de Bullat, Jr., Fort Worth M.P. "Rtrsw" Duncan 111. Denton Editor: Stanley Weiubcrg STATE BOARD OF Bob ~stradi,Wichita Falls LEGAL SPECIALIZATION Tim Em,Fort Worth "Slgnifmnt Decis~msReport" Filing Period is Open P.R. "3uck" Files, Jr., vier F&r' Kern P. FifzGernld CaraLymClwx Garcia, Houston WehaelP. Cibson, Dallas Dovid Botsford DEADLINE, MAY 14,1984 Ger&H. Goldstein, SanAntonio Gztherine Cm~eBmet 1 Ronsld L. Goranson, Dalks Jutie Hedd For applications contnct: GrantU, Hardemy, Sr., Houston Arch C McColl IU Mercilee L. Hutnon, Wacs David W. Coodjr John Roberts Richard E. Harrison. Ddh Jnmt Seymour Morrow P.O. Box 12487 Jan E. Hemphill, D& JamesH. Kreimeyer, Belton Membership Cowdinator JackPaul Leon, San Antonio Nance NeUe Arch C. McColl IIt,Dnllas John J.C. O'Shea, Lubbock Law Clerk CW. "Robin" Pearey, Ssn Marcw Ron Conover Jack J. RadtsFher, Houston Edumdo Roberto Rodriguez, Browde VOICE for the Defense OSSN 0364-2232) is Larry Sauer, Houston published monthly by the Texas Criminal De- Gewge Sch-en, San Antonio fense Lawyers Association, 314 West 11th David Spencer, Austin Street, Suite 315, Austin, Texas 78701. Annual Richard Thornton, Galveston suhscnptmn rate for members of the association Fred L. Tinshy, Jr., Dallas is $10, which is included in dues. Nonmember Robert Gregory Turner, Houston subscription-$20 per year. Secondclass postage naid at Austin. Texas. POSTMASTER: Send ASSOCIATE DIRECTORS address changes to VOICE for the Defense, 314 Stan Brown, Abilene ,West 11th Street, Austhb Texas 78701. Buddy M. Dicken, Sherman Bill Habem, Riverside All arttcles and other editorial contributions should addressed to the Stanlay Jeremiah Handy, San Antonio be editor, Harry R. Heard, Longview Weinberg, 7509 InwoodRaad, Suite 300, Dallas, Texas 75209. Advertis& andcontrach8 Jeffrer Hinkley, Midland inquiries Prank Jackson, Dallas send to Dick Dmmgaole, Artforms Agency, SylhAnn Robertson, Houston P.O. Box 4574, Austin, Texas 78765, (5121 Fred Roddguee, San Antonio 451-3588, Sheidon Weisfeld, Brownsville DainP. Whirnorth, Austin 0 1984 TEXAS LXIMINAL DEFENSE Bill Wischkaemper, Lnbbock LAWYERS ASSOCIATION VOICE, please send it also. Editor's Corner Athome, the Texas legislature approved what every defense attorney knows about a bill to allow Harris County to become criminal trials. Much lie the game of STANLEY WEliVBERG one of the first judicial areas to offer what poker, there is a definite heirarchy of is called a "multi-door" courthouse pro proof. Some of the examples: gram of experimental alternative ways to An mept prosecutor beats an aver- settle legal disputes. age defendant and reasonable doubt. That lawyers and judges talk a good A believable defendant, an average There has been a lot of talk lately game about seeking and speeding up jus- defense attorney, and reasonable among lawyers, judges, legislators and liti- tice was noted in the March, 1984, issue doubt, beats an inept prosecutor. gants on better ways to seek justice in our of TRDIL magazine, published by the legal system. One of the big problems American Tnal Lawyers Association, in A good prosecutor and a moderately being chewed over is the glut of cases on a tongue-in-cheek proposal by Jeffrey L. believable police officer beat an swollen rrourt dockets. Tolman of Poulsbo, Washington. average defendant, a good defense New ways to speed up justice are being He noted that, in reality, however, our lawyer, and reasonable doubt. tried. In Philadelphia, parties in the legal legal system is not justice-oriented. And, A good defense lawyer, a believable dispute can bypass the public court sys- in his proposal, stated that ifjustice were defendant, reasonable doubt, and a tem and argue their claims hehimd closed really our goal, lawsuits would be handi- corroborating witness, beat an aver- doors in what is being touted as the coun- capped to equalize each side's resources. age or believable police ofyier and try's first for-profit court. Organized last Our legal system must even up the sides, a good prosecutor. year, the for-profit court drawsupon ser- he argues, proceeding as if he were at A believable police officer, a good '-, vices of retired judges from Philadelphia home at the Mad Hatter's tea party in prosecutor and either a corrobor- and surrounding areas. This legal venture Throufh- the Lookina- Glass. ating witness or a believable victim is separate from the governmental court Lawyer Tolman suggests that cases beat a believable defendant, one system and outside the public view. must be handicappedto equalize resources corroborating witness, a good de- The first case was heard by a former on the civil side of the docket and give a fense attorney, and reasonable federal judge who awarded an undisclosed judge the opportunity to decide eases as a doubt. amount to a woman passenger injured in judge should, based on who is the better an auto accident. The retired judges wear lawyer! A good defense attorney, a believ- black robes and are expected to base their His handicapping proposal covers such able defendant, one corroborating decisions on both the law and findings of esoteric areas as firm size-down to the witness, one believable expert, and fact. Organizers now hope to have three rule that when any firm opposes a "sole reasonable doubt, beat a good pro- refurbished courtrooms in a downtown secutor, a believable police officer, office building ready soon to hear the practitioner," the firm's janitor must give the oral argument with a mouth full of and one corroborating witness. sudden mounting caseload. Two believable police officers beat The system calls for binding, contrac- marbles from research done using only the 1977 and 1978 bar review books with everything except a perfect defen- tual agreements as well as non-binding dant, 72 corroborating witnesses, ones where both parties have the option assistance on trial tactics by the oldest liv- ing person listed on the firm's letterhead and (-)-you fa of carrying the fight to court. Fees are in the attorney. based on three-hour sessions and are di- a$ being "of counsel." You begin to get vided between the retired judges and the the drift of this handicapper. These simple rules will help justice pre- organization that developed the whole He covers rules for credibility, suggest- vail quickly and smoothIy, according to idea. ing a formakzed sliding scale based on the our modest proposer. The legal system In California, parties to a civil dispute distance of party's attorney's law office will survive. Clients won't know the dif- can use a retired "rent-a-judge" if they from the courthouse. Then, comes crimi- ference. Judges would not be tainted by want to dispose of their problems quickly nal law. up-to-date research and well-thought-out instead of waiting through the public Criminal trials, he says, can be held arguments. courts. quickly and smoothly for formalizing Ah, well, shut up and deal. April 1984/VOICEforfhe Defense 3 President's Report Copper Mountain Spring Seminar Pictwed nbove (clockwise from top left): Dcle Jones, Gene de BuNeq Kote Kelley Miller, Bol Hinton, Judge Chuck Miller, Judge Richard Mvs, Steve Sumnerond Ron Goranson. TCDLA went to the mountains of Expert Opinion Testimony: Unreliability Colorado for a 3-day seminar on February of Eyewitness Testimony; Judge Richard 12 through 16. The speakers and topics Mays, The Judge's View of TBC's and were: Eyewitness Testimony. Ronald L. Goranson, Motions for Most of the group stayed at Copper New Trial and Extraneous Offenses; Mountain and some even skiied on part of Thomas G. Sharpe, Jr., Hypnotically the run used for the National Champion- ': Enhanced Testimony: A Preview; Judge ships. The lectures were excellent and Chuck Miller, A View from the Top: One everybody returned with bodies intact Year Later; Bob Hinton, Trial Prepara- and ready to face the rest of the winter. , tion: Presentmg the Defense; Kate Kelly Other participants that attended were: Miller, Sufficiency of Evidence: The Ap- John P. and Carolyn Knouse, Claudia pellate Standard; Steve Sumner, Examin- Hinton, Sharon de Bullet, Steve and Penny ing the Medical Examiner; Dale Jones, Chapman, Renie McClellan, Sandra Bock- Eye WitnessMemory; Gene de Bullet, Voir elman, Tammy Brown, Nancy Sumner, Dire and Trial Preparation: The Eyewit- Jack and Patty Robbins, Randy and Regina ness Case; Stan Brown, Admissibility of Martin. and Lilla Jones. prepared by VERWG. SOLOMON a prauhmg csnnded crlminal lawyer slnce 1975 4 yeam criminal dfsvlct annney Haviaon County "JUST YESTERDAY" April 1984/VOICEfor the Defense 5 VOICE INTERVIEW : JUDGE SAM HOUSTON CLINTON A candid conversation about Texas Monthly, fundamental error, and Jack Ruby, with the most complex personality on the Court of Criminal Appeals.
Load more

Recommended publications
  • Looking Askance at Bob Krueger Focusing by Pat Black Two Cars Stop in Front of a Frame House in a Quiet West Austin Neighborhood
    A Journal of Free Voices March 17, 1978 500 Looking askance at Bob Krueger Focusing By Pat Black Two cars stop in front of a frame house in a quiet West Austin neighborhood. The stillness of the hour before dawn blunts the sting of the cold weather. Four young men are met at the door by Tom Henderson, who is dressed in a bright red bathrobe. The Texas Henderson offers to make a pot of coffee, but the visitors have been wrenched out of sleep too early and are wary of OBSERVER shocking their bodies any more than necessary right now. No e The Texas Observer Publishing Co., 1978 coffee. The host pads back and forth from the kitchen to the Ronnie Dugger, Publisher spare bedroom to see if Bob Krueger will be able to face the day's outing despite a cold and less than four hours' rest. Vol. 70, No. 5 March 17, 1978 We will go. Krueger emerges and greets everyone. He and the young men about to leave with him have on jeans, cowboy Incorporating the State Observer and the East Texas Demo- boots, and heavy coats. crat, which in turn incorporated the Austin Forum-Advocate. The battered gray station wagon is loaded, and three men EDITOR Jim Hightower drive off. The two others follow in a compact. There is still no MANAGING EDITOR Lawrence Walsh sign of the rising sun. A group more typical of Texas would be ASSOCIATE EDITOR Linda Rocawich leaving on a deer hunt. But these men are off on a hunting trip EDITOR.AT LARGE Ronnie Dugger of their own–the quarry is a seat in the United States Senate.
    [Show full text]
  • Criminal Defense Lawyers Association I May 1989 CONTENTS V01
    for ttw D€F€NS€ Official Journal of the Texas Criminal Defense Lawyers Association I May 1989 CONTENTS v01. 18,No. 9 FEATURE ARTICLES 6 Amicus Brief Concerning Art. 44.29 by David L. Botsford and Joseph A. Connors 10 A "Homeland" of Confusion: A "Heartland" of Opportunity by Marcia G. Shein, M.S., .ID.andKim Harris JOURNAL OF THE TEXAS CRIMINAL DEFENSE LAWYERS ASSOCIATION 14 DWI Litigation Part DI by J. Gary Trichter VOICE for the Defeme USSN 0364-2232) i published monthly by the Texas Crimina 18 The Application of Article 20.08 C.C.P. Defense Lawyers Assmiation, MK) W. 13th by Bill Rice Austin, Texas78701, (512) 478-2514. Annua 20 Summary of Significant Courts of Appeals Opinions (Criminal) P~ U subscription rate for members of the associa by Roy E. Greenwood tion is $103, which is included indues. Secom class postage paid at Austin, Texas. POST MASTER: Send addm changes to VOICEfo~ rheDefeme, 6W W. 13th. Austin, Texas 78701 COLUMNS All articles and other editorial contribution 3 President's Column 31 List of GrantedPetitions should be addressed to theeditor, Kerry P. Fitz by HwrdMalien for Discretionary Review Gerald, ReverchonPlaraat Turtle Creek, Suih 4 Editor's Column by John Jasuta 1350,3503 Maple Ave.. Dallas, Texas 75219 Advenisinginquiries and mnhacts sent to Allex by Kerv P. FitzGerald 33 Ethics Notes - Connally, Artforms, Inc., 6201 Guadalupe 26 A View from the Bench Attorney Advertising: Austin. Texas 78752 (512) 451-3588. by Judge Sam Houston Clinton Ethics Gone Awry EDITORS 28 A Federal Perspective -Right to by Keith E.
    [Show full text]
  • PLUS: How the B 3Rinistibn ,Fraps Abused Immigrants in Ii What Austin Does Right in the II Fel Fight Against Do Violence
    MARCH 7 PLUS: How the B 3rinistibn ,fraps abused immigrants in Ii what Austin does right in the II fel fight against do violence. 0 4 MARCH 7, 2008 TheTexas Observer WALL OF SAME on the square then pulling out of FEATURES Why would this surprise anyone? town when former residents weren't in ("Holes in the February 22). It's town to buy the underwear and socks SEE NO EVIL 6 business as usual with the Bush family because they had moved to Austin or In Houston, wife-beaters can elude and friends profiting at the expense of Dallas to seek their fortunes and shop prosecution just by leaving the scene. the rest of our citizens. in the Big Retail Giant Supercenter by Emily DePrang Barbara McFarland Store for their underwear and socks. via e-mail End of story ... end of Clarksville as we 12 SELECTIVE ENFORCEMENT knew it. Thank you. Why is the Bush administration ignoring Outstanding article. It seems like Larry Cox a law that protects abused immigrants? the mistreated rich must always be Mt. Pleasant by Melissa del Bosque protected from the mean, brutal, lower THE SAFE PLACE 16 class. Why not dig a tunnel 300 feet Written by an "old soul" with a heart For victims of domestic violence, there's under the property of the rich? The as well as a mind. That is rarely seen no safer city than Austin. property owners might not mind if in journalism today. Thanks for telling by Dave Mann they were each given 40 or 50 million our sad story.
    [Show full text]
  • Co-Directors, the Honorable M.P. "Rusty" Duncan, III 6Th Annual
    Co-Directors, The Honorable M.P. "Rusty"Duncan, III 6th Annual TCDLA ADVANCED CRIMINAL LAW SHORT COURSE -- -FOR --. THE- --- O 1993 TEXAS CRIMINAL DEFENSE LAWYERS ASSOCIATION ~o~UI~S6 Hats Off to the Rusty Duncan Co-Directors - Deborah A. Gottlieb and Robert A. Price IV 8 In And Around Texas The Legacy of the 73rd Legislature by John Boston 19 Granted Petitions for Discretionary Review 24 Signitlcant Recent Decisions by Cafheriae Greene Burnett News 5 CLE Announcement -The Cayman Islands 10 The Honorable M.P. "Rusty" Duncan, III 6th Annual TCDLA Advanced Criminal Law Short Course 11 Anatomy of a DWI Trial: AView from the Defense by the Superstars 12 Advertisement - Professional Liability Insurance 39 Publications 13 Happy Holidays from Crime Stoppers by Mark G. Daniel 15 Introduction to the Parallel Civil and Criihinal Prosecution of Industrial Espionage - Part 3 by Michael P. Lynn 20 Summary of Significant Decisions of the Courts of Appeals by Roy E. Greenwood 22 How to Conduct a Meaningful & Effective Voir Dire in Criminal Cases -Part 4 by Cathy E. Bennett and Robe* B. Hirschhorn 29 Search and Seizure Under State and Federal Law -Part 10 by Jade Malye Meeker VOICE FOR THE DEFENSE EDITORS DIRECTORS Editor, Voice for the DeJkse Cecil W Bain, San Antonio Chuck lanehart, Lubbock FitzGerald, Kerry P.-Dallas Nancy B. Barohn, San Antonio Jim E. lavine, Houston Editor, "Significant Roy R Barrera, Sr., San Antonio Randy T. Leavin, Austin Decisions Report" Tom Berg, Houston Peter A Lesser, Dallas Burnett, Catherine Green* Deborah Gottlieb, Houston BNC~A Martin, Wich~taFalls Jeff Blackburn, Amarillo Houston Carlton Mclarty, Lubbock Betty Blackwell, Austin John H.
    [Show full text]
  • Mass Media and the Law
    MASS MEDIA AND THE LAW FREEDOM AND RESTRAINT -ne EDITED BY DAVID G. CLARt. AND EARL R. HUTCHISON 4..)LUME IN THE WILEY SERIES ON etneVERNMENT A ND COMMUNICATION, EDITED BY RAY E. 'HEBERT ABOUT THE EDITORS MASS MEDIA DAVID G. CLARK is Associate Pro- AND THE LAW fessor of Journalism at the Univer- Freedom and Restraint sity of Wisconsin. He received the Edited by DAVID G. CLARK and Ph.D. degree in Mass Communica- EARL R. HUTCH SON tions from the University of Wiscon- A volume in the Wiley Series sin. Professor Clark has published a on Government and Communication, number of articles on the news edited by Ray E. Hiebert media and his book The American Newspaper was published in 1969 The First Amendment to the Consti- by the Iowa State University Press. tution reads in part, "Congress shall EARL R. HUTCHISON is Professor make no law... abridging the free- of English at George Peabody Col- dom of speech, or of the press...." lege in Nashville. He received the yet there are numerous legal restric- Ph.D. degree in Journalism and Eng- tions and regulations on the press, lish from the University of Wiscon- radio, television, literature and the sin. Professor Hutchison has film. At the same time, there are worked for a number of newspapers complaints from the media about serving both as reporter and editor "access" to news, credibility gaps, and has had extensive experience official government secrecy, the bar in public relations. He has published association's efforts to restrict news over 20 articles and papers, a book, about criminal trials, and censorship Tropic of Cancer on Trial (Grove of questionable material dealing Press, 1968), and has had two plays with sex or religion.
    [Show full text]
  • 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.
    [Show full text]