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FOR the DEFENSE Ofl~C~Aljournal of the Texas Criminal Defense Lawyers Assoclat~On - JUNE 1990 VOICE for the DEFENSE

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FOR the DEFENSE Ofl~C~Aljournal of the Texas Criminal Defense Lawyers Assoclat~On - JUNE 1990 VOICE for the DEFENSE FOR THE DEFENSE Ofl~c~alJournal of the Texas Criminal Defense Lawyers Assoclat~on - JUNE 1990 VOICE FOR THE DEFENSE I SrnvE 1990 VOLUME 19, N0.9 FOR THE DEFENSE JOURNAL OF THE TEXAS CRJBIINAI CONTENTS DEFENSE LAWYERS ASSOCIATION VOICE/or !lie De/eme (ISSN 036%-2232)is puhlishcdhy theTexas CrinlinalDelenseLtwyers FEATURES Association, 6w \V 13th. Austin, Texas 78701, - (512) 478-2514. Annual subscription rare for 5 A Memorial toJoe B. Goodwin 8 Child Abuse members of the association is SlW, which is @)I w'eldoll ~Iolco1116 bj, Li~rrlrrI!. 1\'01fo11, AlD. includwl in dues. 6 A Salute to Rusty Duncan 16 The Trial of \Villiani E. Taylor All articles and orher contributions should bc @]I Bill Wfod bg addressed lo the editor, Krny I' FitrGenld, Artor- CIi:l,lrckLn~rel~n~l ney at law. 3500 Maple Ave., Suite 1350, Dallas, Texas 75219, (214) 528-6030. COI.1JMNS Advertising inquiries and contraas: Allen Can- nally, AAFI Pl~hlications,1015 S. hlays, Suite 201, 3 President's Column: 18 Federal Impact Decisions Round Rock, Texas 78664, (512) 214-1771. 1989-1990.~ ~ . A \'em Good Year by Clmr?'esIjlh nirrlKeuir~CoNir, EDITORS 6y J.A. (/in11B&O' 19 Motion Practice: 4 Editor's Colum~~- Suppleo~entalMotion to Suppress Editor, VOICEfol- tlie IIge~m The Special Plea of Double Evidence: Roadblocks Kerry P. FitzGer.11d- Dallas Jeopardy in Hnl~isor~u. Stnte Brief in Suppoa of Motion Business Editor 01' Ker~yI? FitzGe~nlrl to Suppress: Roadblocks ER. "Buck" Files,Jr.-Tyler 7 View from the Bench Memorandum Opinion Associate Editor b~,Judge ZnITJ' Cis1 and Order: Roadblocks Jack V. Strickland - Fort Worth 14 In and Around'l'exas 31 Granted Petitions b,,Jolin Bosto)~ for Discretiona~yRe\k?w Editor, Signlflcant Decisions Report 32 Significant Decisions Report Catherine Greenr Burnett Houston 15 Letters 6,' Cnllimine G'ee11eBlrl'nell OFFICERS President NEWS J.A. 'Jm" Boho - Odessa -5 Lnvycrs Assistance Cotnmittee Memlxrs Presldent-Elect 13 MC1.E Accreditation Changes Tim Evans - Fort Wbrth 15 Assistant Federal Public Defender Position First Vice-President Available in San Antonio Richard Alan Andcrson- Dallas Second Vice-president CLE Gerald H. Goldstcin SanAntonio - Secretary/Treasurer 24 The IIonorable M.P. "Rusty" Duncan, Ill TCDLA Criminal Law Short Course David R. Bixs - Houston 28 The 1930 Advanced Criminal La\\,Coulsc Assistant Secretary/Treasurer DIRECTORS Ronald L. Goranson - Dallas STAFF Executive Director John C. Boston Administrative Assistant I.illian Sumrnarcll Secretary Shannon Mclntosh @ 1990 TEXAS CRIMINAL DEFENSE I.A\YryERS ASSOCIATION JUNE 1990 I VOICE FOR THE DEFENSE PRESIDENT'S COLUMN PAST PEISIDENTS 1989-1990 .. .A very good year byJA QimJ Bobo Mv, vear. as President of Texas Criutinal Defense Lawyers is rapidly coming to an end. I have enjoyed my year as president. It has been a great honor for a solo practitioner fma smaU town in West Texas to seme as president of this oigani.mtion. I stop Edward A. Mallett and think that many things that I Houston<1988-89) wanted to accomp1ish had been left Charles D. Butts undone. There are many things that I San Antonio (1987-88) wanted to accomplish that have come to fmitation. I am lookimg forward to Knox Jones Mdlen (1986-87) Tim Evans coming in as our new presi- dent and canying ow organization to a hubDugas Jr. bigger and better year than we have orange (1985-861 ever experienced. Cwon I. "Scrappy"Iiolmes 1989 was a very good year. It began most state criminal bars in this area. We Langview (1984-85) with a Presideht'sretreat in Sweetwatcr, can do so much more if we just will. Texas. In thaf meeting we formulated Thomas G. Sharpe,Jr. This year we began using name tags Brownsville (198383-%1 and excellent game plan to get TCDLA at all of our Functions. it has really on its feet financially, maintain ow helped the new and old board mem- Clifford W. Brown membership numbnand increase our Lubbock (1982-83) bers get acquainted with one anothet continuing legal education. Many kard much qufcker. It also helps members Charles M. McDonald working people made this year a suc- fmd out who their board members are Wac0 (1981-82) cess. Ourhome office staffofJohn Dos- and gives them a chance to remember ton, Lillian Summarell and Shannon Robert D. Jones their name. Friends ofTCDLA have also Austin (1980-81) McIntosh did all OF the things that I used name tags so that we know who requested of them and more. Each one the wives are now instead of having to Mncent'walker Pa of them walked the extra mile for me. ask someone "who is thaf lady?" I have Dallas Cl979-803 The hardand Executive Committee to admii that I may have stolen their George F. Luquette got a real "treat" coming to Odessa, idea to we name tags. I 'eally should Houston U97&79) Texas for the September Bnard Meet- say "Thanks, Rita" who is president of ing. Dos Amigos was one of the more Friendsof TCDLAforgivingmetheidea Emmett Colvin unusual evenings they will have for Dallas (1977-78) andach~altyoKieringthenametagsforme. quite some time. West Texas even Our eontinuing legal education was Weldon Holcomb provided rain and tornado warnings for exceltent this year. The State course Tyler (1976-77) pan of the evening and finished with a made more money that it ever has C. Davld Evans cool evening fordancing at Blue Jean's. before thanks to the office staffx the San Antonio (1975-76) Fmancially we are in better shape speakers paying their own way, and now that we have been inseveral years. Qur cutting back on hotel expenditures. George E. Gilkerson Lubbock (1974-75) Don'tplan to rest on your laurels If we Ron Corensonpnt together the Federal are to be an effective force in the legis- Seminar in Dallm and made it our big- PliU Burleeon latureand in the State ofTexas wemust gest money-making federal course to Dallas (1973-74) raise more money to lobby, pay off our date. Kent Shafer, chairman of the Con- C. Anthony Pdom, Jr. buildfng and change our imagewith the tinuing Legal Education Committee put Houston U972-73) public. If every member does his share the "whip cream and cherry" on the we can truly become a moving force in Continuing logal Education Sunday by PrankMaloney the legislature, the State Bar, and the pulling off a joint seminar with N@tion%l Austin (1971-72) State of Texas. We sale miles ahead of mnlfnuedorilmge47 JUNE 1990 VOICE FOR THE DEFENSE EDITOR'S COLUMN The Special Plea of Double Jeopardy in Harrison u. State Several times in the past I have SPECLQL PZEA OFDOUBLE reprinted motions used in cases in this JEOPARDY column, as well as elsewhere in the TO THE HONORABLE: JUDGE OF magazine. SAID COURT: On April 18, 1990 the Court of Comes now, BOBBY HARRISON, Criminal Appeals reversed the judg- Defendant in the aboveentitled and ment and ordered the information al- numbered cause, and moves the court leging hindering apprehension to dismiss with prejudice this cause on dismissed. The Court held that tllele the basis that the Defendant has former- statutory and state and federal constitu- was no manifest necessity shown for ly been placed in jeopardy forthesame tional rights to be protected against the declaration of a mistrial. Harrison u. offense, and in support of such motion beiig put m jeopardy more than once shows: Stute, S.W.2d(No. 1048-89, for thesame offense. I. del. April 18, 1990). WHEREFOKE, the Defendant ptays OnJune 11,1984,the Defendant was that court grant this motionand dismiss On May 2,1990 the Court again ap- duly brought to trial in theCounty Court the above-entitled and numbered plied the double jeopardy clause in at Law No. I of Collin County, Texas, in cause with prejudice. favor of the defendant. Stephens u. Cause No. 1-1530-835, entitled State v. Respectfully submitted, State, -S.\V.2dd(No. 914-88, del. Bobby Harrison on an informarion RAYMOND G. WHELESS May 2, 1990). Stephens was initially charging Defendant with hindering ap- HARDIN, WHELESS, convicted by a ju~yof aggravated rape prehension. Defendant pled not guilty, WMKER & SLOAN and sentenced to twelve years. On ap- a jury was impaneled and sworn, and 1715 Avenue K peal the Dallas Court of Appeals found the not guilty plea was entered. Plano, TX 75074 the evidence insufficient and leversed 11. 214424-7594 and ordered a pdgment of acquittal. Without being requested by Defen- State Bar No. 21265200 Stephens u. State, 683 S.W.2d 23 dant, tlle jury was discharged and a AmORNEY FOR DEPENDANT n~istrialdeclared before a final verdict Pex.App.-Dallas 1984). The Court of VERIFICATION was rendered in Cause No. 1-1530-83.5. Criminal Appeals aErmed. Sfephm~su. BEFORE ME, the undersigned The mistrial was declared on the authority, on this day personally ap- State, 71 7s.1K2d338 CIm. Crit,z. A@. ground that the State announced to the 19862. peared RAYMOND G. WHELESS, who Court that it intended to call after being duly sworn stated; Becausethistnatterofdoublejeoprdy Defendant's attorney to the stand as a "I am the attorney for the Defendant seems to be of increasing interest and witness in the case. The State requested in the above-entitled and numbered inlportance to defense p~actitioners,we the Court to disqualify Defendant's at- cause. I have read the foregoing special contacted Raymond Wheless, the torney in the case since he would be plea of double jeopardy and swear that defense attorney for Mr. fiarrison called as a witness and cited as its all of the allegations of fact contained above, who obliged us by selling the authority Bat IVbeeler's, Inc.
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