May 2004 VOICE for the DEFENSE 1 17Th Annual Rusty Duncan Criminal Law Short Course Registration Form
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May 2004 VOICE FOR THE DEFENSE 1 17th Annual Rusty Duncan Criminal Law Short Course Registration Form San Antonio, Texas ● June 17-19, 2004 ● 16.25 CLE hours / 3 Ethics Mail registration to 1707 Nueces Street, Austin, Texas 78701 or fax to 512.469.0512 Questions? Call 512.478.2514 or visit www.tcdla.com. Attendee Name ______________________________________________________________________ Bar Number_____________________ Street Address __________________________________________________________________City ________________________________ State ____________________ Zip____________________ County______________________ E-mail _______________________________ Phone ________________________________________________________ Fax________________________________________________ Registration Fees (includes one ticket to Membership Party) By May 24 After May 24 TCDLA New/Current Members and Judges ❑ registration (includes CD) $350 $400 ❑ registration with book (includes CD) $400 $450 Non-Member Registration Fees ❑ registration (includes CD) $500 $550 ❑ registration with book (includes CD) $550 $600 Can’t attend? Buy the materials (shipping and sales tax included in total) ❑ printed book/member......................................$107 ❑ printed book/non-member......................................$157 NOTE: Supplies are limited. Seminar books and CD’s must be ordered by May 31, 2004. Walk-in’s receive CD only. TCDLA Membership Fees (renew your membership or join as a new member) ❑ new member (*see below).............................................$75 ❑ renew membership........................................................$150 *TCDLA New Membership To sign up as a new member you will need a nominating endorsement from a current TCDLA member. “As a current member of TCDLA, I believe this applicant to be a person of professional competency, integrity, and good moral character. The applicant is licensed to practice law in Texas and is engaged in the defense of criminal cases, unless a student or affiliate applicant.” TCDLA Member’s Name (please print)___________________________________________________________________________________ TCDLA Member’s Signature___________________________________________________________________________________________ Payment Options ❑ Check enclosed (payable to TCDLA) ❑ Visa ❑ Mastercard ❑ American Express ❑ Discover __________________________________________________________________________________________________________________ Credit Card Number Expiration Date __________________________________________________________________________________________________________________ Name on Card Signature Additional Rusty Events Cost ❑ Yes, I plan to attend the Gerry Goldstein Pachanga Party. Number attending ______. No charge ❑ Yes, I plan to attend the Hall of Fame Luncheon. Number attending ______. $30 per person ❑ Yes, I plan to attend the Sea World Adventure. Number attending ______. Details to come ❑ Yes, I plan to participate in the Golf Tournament. Number attending ______. $85 per person ❑ Additional tickets for Membership Party. Number attending ______. $30 per person ❑ Yes, I plan to take advantage of the baby-sitting services: No charge ❑ Thursday, July 17, from 6:00 to 10:00 p.m. Number of children_______. ❑ Friday, July 18, from 7:00 to 10:00 p.m. Number of children_______. Scholarship Attendees and Special Needs ❑ I am applying for a scholarship (deadline to apply is May 28, tuition and CD only. You must send a letter indicating you need, whether you have received a scholarship before, and when. Include two letters of recommendation, one from a member of TCDLA, and one from a judge. ❑ I am applying for the scholarship but want to pay separately for the book (member $50; non-member $150). Be sure to indicate above whether or not you are purchasing the book. ❑ Please check here if you require special assistance. Cancellations: To receive a full refund, cancellations must been made in writing 5 business days prior to the program. Refund requests that are received after that time will be assessed a $50 cancellation fee. No refunds will be given on or after June 17, 2004, however you will receive the course materials. Tax Notice:2 VOICE $36 FOR of your THE annual DEFENSE dues ($19May if 2004a Student Member) is for a one year subscription to the VOICE for the Defense. Dues to TCDLA are not deductible as a charitable contribution but may be deducted as an ordinary business expense. The non-deductible portion of regular and initial membership dues is $39 in accordance with IRC sec. 6033. May 2004 olume 33 No. 4 V features The purpose of TCDLA is to 14 A Sign of the Times protect and ensure by: Celeste Villarreal by rule of law 16 10 Innocent Reasons Not To Take An Intoxilyzer those individual rights Breath Test! guaranteed by the by: J. Gary Trichter Texas and Federal Constitutions 20 Anointing the Arbitrary: in criminal cases; The Court of Criminal Appeals and Texas Code of Criminal Procedure 28.01 (6) to resist the constant efforts by: Clay S. Conrad which are now being made to curtail such rights; columns to encourage 6 president’s message cooperation between lawyers 8 executive director’s perspective engaged in the furtherance 10 editor’s comment 12 federal corner of such objectives through educational programs departments and other assistance; 5membership benefits 9 new members and through such cooperation, 19 schedule of events education, and assistance 30 significant decisions report to promote justice and the common good. Voice for the Defense (ISSN 0364-2232) is published monthly, except for January/February and July/ CONTRIBUTORS: Send all feature articles to Greg Westfall, Westfall, Platt, & Cutrer, One Summit Ave., August, which are bi-monthly, by the Texas Criminal Defense Lawyers Association Inc., 1707 Nueces Suite 910, Fort Worth, TX 76102, 817/877-1700. Please send all other materials for publication to John Street, Austin, Texas 78701. Printed in the USA. Basic subscription rate: $40 per year when received as a Carroll, 111 West Olmos Drive, San Antonio, Texas 78712. 210/829-7183 or to Voice for the Defense, 1707 benefit of TCDLA membership. Non-member subscriptions: $75 annually. Nueces Street, Austin, TX 78701, 512/478-2514, Fax 512/469-9107. E-mail materials can be sent to Periodicals Postage Paid at Austin, Texas. [email protected]. POSTMASTER: Send address changes to Voice for the Defense, 1707 Nueces Street, Austin, Texas 78701. Statements and opinions published in the Voice for the Defense are those of the author and do not neces- Voice for the Defense is published to educate, train and support attorneys in the practice of criminal sarily represent the position of TCDLA. No material may be reprinted without prior approval and proper defense law. credit to the magazine. © 2004 Texas Criminal Defense Lawyers Association. TAX NOTICE $36 of your annual dues ($19 if a Student Member) is for a one year subscription to the Voice for the Defense. Dues to TCDLA are not deductible as a charitable contribution but may be deducted as an ordinary business expense. The nondeductible portion of regular and initial membership dues is $39 in accordance with IRC sec. 6033. May 2004 VOICE FOR THE DEFENSE 3 PAST PRESIDENTS DIRECTORS OFFICERS Mark G. Daniel Eric M. Albritton Longview Fort Worth (2002-2003) Betty Blackwell Oscar Alvarez McAllen PRESIDENT Austin (2001-2002) Wes Ball Arlington Cynthia Eva Hujar Orr Robert Hinton Henry Bemporad San Antonio PRESIDENT-ELECT FIRST VICE PRESIDENT Dallas (2000-2001) San Antonio Michael P. Heiskell Mike Charlton Houston Daniel Hurley Randy Wilson John Convery San Antonio Fort Worth (1999-2000) Lubbock Abilene Kent Alan Schaffer Danny Easterling Houston Houston (1998-1999) Lance Evans Fort Worth SECOND VICE PRESIDENT TREASURER SECRETARY E.G. “Gerry” Morris Knox Fitzpatrick Dallas Austin (1997-1998) Stuart Kinard Robert “Bobby” Lerma Craig Jett Mike R. Gibson El Paso Brownsville David L. Botsford Dexter Gilford Austin Austin Dallas Austin (1996-1997) Bill Wischkaemper Ronald P. Guyer San Antonio Lubbock (1995-1996) Rick Hagen Denton IMMEDIATE PAST PRESIDENT Ronald L. Goranson William S. Harris Fort Worth Mark G. Daniel Dallas (1994-1995) Cynthia Henley Houston Fort Worth David R. Bires Wayne Hill Houston Houston (1993-1994) COMMITTEES Gerald H. Goldstein Chris Hoover Plano San Antonio (1992-1993) Jeff Kearney Fort Worth Richard Alan Anderson Martin LeNoir Dallas Amicus Curiae Bill Habern Will Anderson Law Office Technology Dallas (1991-1992) H.W. “Woody” Leverett, Jr. Midland H.F. “Rick” Hagen (936) 594-2123 (210) 842-8422 Gerry Morris Tim Evans (940) 566-1001 (512) 476-1494 Jesse Mendez Lubbock Forth Worth (1990-1991) Crime Lab Task Force Long Range Planning Judge J.A. “Jim” Bobo George Milner, III Dallas Greg Westfall Stanley Schneider Cynthia Orr Prosecution Roundtable Odessa (1989-1990) Tyrone Moncriffe Houston (817) 877-1700 (713) 951-9555 (210) 226-1463 Mike Gibson, Dallas Edward A. Mallett Larry Moore Fort Worth (214) 871-4900 Houston (1988-1989) Appeal Death Penalty Legislative Charles D. Butts Walter “Skip” Reaves West Terry Kirk Cynthia Orr Tom Mills Public Affairs Policy Counsel Katherine Scardino Houston (512) 478-7463 (210) 226-1463 Gerald H. Goldstein San Antonio (1987-1988) (214) 265-9265 Knox Jones* George Scharmen San Antonio (210) 226-1463 Cynthia Henley Driving While Intoxicated Bill Wischkaemper McAllen (1986-1987) Grant Scheiner Houston (713) 228-8500 Chris Hoover (806) 763-4568 Mike Ramsey Louis Dugas, Jr. George McCall Secrest Houston