Conference on Criminal Appeals

UTCLE THE UNIVERSITY OF TEXAS SCHOOL OF LAW

2007 Robert O. Dawson CONFERENCE ON CRIMINAL APPEALS

Earn up to 13.50 Hours of Credit Including 2.25 Hours of Ethics Credit

Specialization Expected for Civil Appellate Law, Criminal Law, and Juvenile Law

May 9-11, 2007 Radisson Hotel & Suites • Austin, Texas

Sponsored by The University of Texas School of Law in cooperation with The Court of Criminal Appeals The Texas District and County Attorneys Association (tdcaa) The Texas Criminal Defense Lawyers Association (tcdla) 2007 Robert O. Dawson 2007 Conference on Criminal Appeals May 9-11, 2007 • Radisson Hotel & S uites • Austin, T X Earn up to 13.50 Hours of Credit Including 2.25 Hours of Ethics Credit

WEDNESDAY AFTERNOON, May 9, 2007 5:15 p.m. Adjourn 1:00 p.m. .50 hr

Effective Prosecution Responses to Writs Presiding Officer: THURSDAY MORNING, May 10, 2007 Strategies for responding to common and uncommon Hon. Barbara P. Hervey, Austin, TX claims. Presiding Officer: 12:30 p.m. Registration Opens Hon. Cheryl Johnson, Austin, TX Roe Meredith Wilson, Houston, TX

Includes complimentary refreshments. 8:30 a.m. Conference Room Opens 1:30 p.m. .75 hr

1:20 p.m. Welcoming Remarks Includes continental breakfast. State Appeals Tips, trial-level pointers, and procedural issues on state 1:30 p.m. .75 hr including .25 hr ethics appeals. 9:00 a.m. .50 hr Effective Brief Writing Enrico Valdez, San Antonio, TX Creative Research Techniques Practical advice on writing briefs that will be read and How to find and present innovative or unusual legal sources appreciated, including practice tips from the 2:15 p.m. .75 hr and secondary material effectively in appellate briefs. audience that matters: judges. Hon. Cathy Cochran, Austin, TX State Perspective on PDRs Jay R. Brandon, San Antonio, TX Tips for improving the chances of getting your PDR granted. 2:15 p.m. .50 hr 9:30 a.m. 1.00 hr Lisa McMinn, Austin, TX Changes to TRAPs Process, Practice, and Decision-Making in This presentation will include comments upon recent the Intermediate Courts 3:00 p.m. Break appellate rule changes affecting motions for new trial Practical insights into the operations of the intermedi- and the defendant’s notice of appeal. ate courts in criminal cases throughout the state. Break-Out SessionS: Moderator: Hon. John T. Boyd, Amarillo, TX Hon. Kerry P. FitzGerald, Dallas, TX DEFENSE Track Hon. David Wellington Chew, El Paso, TX 2:45 p.m. .25 hr Hon. W. Kenneth Law, Austin, TX Hon. Tim Taft, Houston, TX 12:00 p.m. .75 hr Report from Governors Criminal Justice Hon. Linda Reyna Yañez, Edinburg, TX Luncheon Presentation: How to Get Started Advisory Committee in a Criminal Defense Practice Hon. Barbara P. Hervey, Austin, TX 10:30 a.m. Break Getting started: how to get going, be profitable, and stay afloat in a criminal law practice. 3:00 p.m. Break 10:45 a.m. 1.00 hr Richard J. Segura, Jr., Austin, TX 3:15 p.m. .75 hr Writs Applications A brief overview of the Writ application process and 12:45 p.m. Break What’s Happening in the CCA? accompanying substantive law. What the CCA has been saying that criminal lawyers Stacey Goldstein, Austin, TX 1:00 p.m. .50 hr need to hear. Sian Rose Schilhab, Austin, TX Matthew W. Paul, Austin, TX Presenting Effective Writs: The Defense Perspective 4:00 p.m. .50 hr THURSDAY AFTERNOON How to determine the issues for a habeas corpus pro- ceeding; investigate the claims; prepare the applica- Juvenile Appeals: Special Issues and tion, brief exhibits, and proposed findings of fact and 11:45 a.m. Pick Up Box Lunch Considerations conclusions of law; and presenting the case in the trial This topic is designed to distinguish between adult Please select on registration form; additional fee. court and court of criminal appeals. criminal appeals and juvenile appeals, which are civil Randy Schaffer, Houston, TX in nature. Relevant case law and statutes governing Break-Out SessionS: post adjudication in a juvenile case will be presented. Prosecution Track 1:30 p.m. .75 hr ethics Stephanie L. Stevens, San Antonio, TX Advising Clients of Their Appellate Rights 4:30 p.m. .75 hr 12:00 p.m. .75 hr Recent changes to the appellate rules clarify counsel’s duty to advise clients of their right to pursue dis- Supreme Court Update Best Practices Networking and Discussion cretionary review from the Texas Court of Criminal Ap- A summary of the Supreme Court cases in the area of Luncheon for Prosecutors peals. This presentation provides tips and context for criminal law and procedure for the last year. fulfilling that obligation. Gary A. Udashen, Dallas, TX 12:45 p.m. Break Catherine G. Burnett, Houston, TX

Phone: 512-475-6700 Fax: 512-475-6876 Web: www.utcle.org 2:15 p.m. .75 hr ing DNA exonerations, Non DNA (General Proof of available. It also provides insight into how the state Innocence) and recantations. It also covers claims processes requests for DNA testing and prosecutors’ Defense Perspective on PDRs of constitutional violations with underlying claims of duties in responding to DNA motions. A discussion of key issues of practice tips and traps innocence (Schlup Claims). A. What the Applicant Needs to Establish: on PDRs from the defense perspective. Jeff Blackburn, Lubbock, TX Marjorie I Bachman, Austin, TX Keith S. Hampton, Austin, TX Hon. Cathy Cochran, Austin, TX Hon. Barbara P. Hervey, Austin, TX B. How Should the State Respond? 3:00 p.m. Break John R. Rolater, Jr., McKinney, TX 11:15 a.m. .75 hr Concurrent Break-Out Sessions End 12:00 p.m. Adjourn Post Conviction Motions for DNA Testing— Return to General Session. Chapter 64 CCP This session covers the requirements to obtain post- Online Courses: www.utcle.org 3:15 p.m. 1.25 hr ethics conviction DNA testing and the types of testing Ethical Issues for Prosecutors and Defense Counsel A reminder and refresher on ethical issues for REGISTRATION FOR CR07 prosecutors and defense counsel including latest cases. Mail this registration form to: The University of Texas School of Law, Attn. CR07 Ronald L. Goranson, Dallas, TX P.O. Box 7759, Austin, TX 78713-7759 or fax a copy to: (512) 475-6876

4:30 p.m. Adjourn PLEASE PRINT CLEARLY Bar Card#  TX  Other State:  N/A

FRIDAY MORNING, May 11, 2007 Name [ Mr. / Ms. ]

Presiding Officer: Firm Hon. Barbara P. Hervey, Austin, TX Address

City State Zip

8:00 a.m. Conference Room Opens Telephone Fax

Includes continental breakfast. Registrant’s Email (required)

Assistant’s Email (optional) 8:30 a.m. .50 hr Invoices, confirmations and receipts are emailed to these addresses. Appeals Originating in Municipal Courts of CONFERENCE REGISTRATION Record Registration includes Course Binder An overview of the unique jurisdictional traps and other issues arising in appeals from municipal courts  Early Registration Fee due by Wed. May 2, 2007 $350.00 of record from the perspectives of the defense, pros-  Registration Fee after Wed. May 2, 2007 $400.00 ecution, and the appellate courts. ADD LUNCH: Select a Luncheon Session: Alex Wathen, Houston, TX  Networking Luncheon for Prosecutors $5.00  How to Get Started in a Criminal Defense Practice $5.00 9:00 a.m. .75 hr

Attacking and Defending Eyewitness CONFERENCE PUBLICATIONS AND MEDIA Allow 2–4 weeks from conference date for delivery. Testimony: Current Law Overview of case law, motions and success on  Course Binder Without Conference Registration $200.00 appeals.  Audio CD Set $175.00 Marjorie I Bachman, Austin, TX  eBinder on CD (PDF format) $200.00/$50.00 ($200 purchased alone, $50 with registration or purchase of Course Binder or Audio CD Set) 9:45 a.m. .75 hr In-House CLE: Bring the conference in-house and learn at your convenience. Panel Discussion: Attacking and Allow 2–4 weeks from conference date for delivery. Defending Eyewitness Testimony An exchange of views by leading defense and prose-  In-House CLE for 2—Includes Audio CD Set and 2 Course Binders $750.00 cuting attorneys on how to best attack and defend eye- Add participants (includes Course Binders) for $200 each $ witness testimony and use the trial record on appeal. TOTAL ENCLOSED $ Marjorie I Bachman, Austin, TX METHOD OF PAYMENT David B. Frank, Austin, TX Kevin Yeary, San Antonio, TX  Check (make checks payable to: The University of Texas at Austin) Speaker TBD  VISA or  Mastercard (sorry, no AMEX or Discover)

10:30 a.m. .75 hr Card # - - - Actual Innocence: Practical Advice and     Strategies on Effective Practice X / This session discusses pure innocence claims includ- Authorized Signature Exp. Date (mm/yy) R obert O . D awson AUSTIN The Conference on Criminal Appeals is named in honor of Robert O. Dawson, a beloved UT Law professor for 37 years. He May 9-11, 2007 passed away on February 26, 2005, at age 65. CONFERENCE LOCATION From 1974 through 1998, he served as the director of the Criminal Defense Clinic, where he and his co-supervisors worked with students on over 7,200 criminal defendants’ cases. He also served as co-director of UT Law’s Actual Innocence Clinic, a clinic teaching students how to screen and investigate claims from prison inmates that they are actually innocent of their convicted offense. As a reformer and scholar, Professor Dawson wrote extensively on criminal and juvenile law and drafted much of the juvenile legislation enacted by the Texas legislature during the past 30 years. He authored and co-authored many books, including Texas Criminal Practice and Procedure, Texas Juvenile Law, Criminal Justice Administration and The Juvenile Justice Process. Radisson Hotel & Suites 111 E. Cesar Chavez C onference Faculty and P lanning C ommittee Austin, TX 78701 512-478-9611 MARJORIE I BACHMAN RONALD L. GORANSON SIAN ROSE SCHILHAB The University of Texas School of Law Law Office of Ronald Goranson Texas Court of Criminal Appeals Special rate $129 Austin, TX Dallas, TX Austin, TX (subject to availability) DIANE BURCH BECKHAM* CYNTHIA HAMPTON* SCOTT SEGALL* good through April 9, 2007. TDCAA Attorney at Law El Paso County Public Defender Austin, TX Austin, TX El Paso, TX Self-Parking: $5 day; JEFF BLACKBURN KEITH S. HAMPTON RICHARD J. SEGURA, JR. $13 overnight (subject to change) Attorney at Law Attorney at Law Attorney at Law Lubbock, TX Austin, TX Austin, TX DAVID A. SHEPPARD* ••••••••••••••••••••••••• HON. JOHN T. BOYD* HON. BARBARA P. HERVEY - CO-CHAIR* Law Offices of David Sheppard Seventh District Court of Appeals Texas Court of Criminal Appeals Austin, TX Austin, TX KEY DATES Amarillo, TX STEPHANIE L. STEVENS* JAY R. BRANDON HON. CHERYL JOHNSON - CO-CHAIR* Registration & Cancellation Texas Court of Criminal Appeals Saint Mary’s School of Law Law Office of Jay Brandon San Antonio, TX San Antonio, TX Austin, TX May 2, 2007–5 p.m. HON. TIM TAFT CATHERINE G. BURNETT HON. W. KENNETH LAW last day for early registration Third Court of Appeals First Court of Appeals South Texas College of Law add $50 for registrations Austin, TX Houston, TX Houston, TX received after this time MARCOS LIZARRAGA* GARY A. UDASHEN HON. DAVID WELLINGTON CHEW Office of the District Attorney Sorrels, Udashen & Anton Eighth Court of Appeals May 4, 2007–5 p.m. Thirty-Fourth Judicial District Dallas, TX El Paso, TX last day for full refund El Paso, TX ENRICO VALDEZ HON. CATHY COCHRAN* LISA MCMINN Bexar County District Attorney’s Office May 7, 2007–5 p.m. San Antonio, TX Texas Court of Criminal Appeals Office of the State Prosecuting Attorney Austin, TX last day for partial refunds Austin, TX ALEX WATHEN $50 processing fee applied Kubosh & Associates HON. KERRY P. FITZGERALD* ERIK NIELSEN* Houston, TX Fifth Court of Appeals TDCAA May 9, 2007–1:30 p.m. Dallas, TX Austin, TX ROE MEREDITH WILSON conference begins DAVID B. FRANK Harris County District Attorney’s Office MATTHEW W. PAUL* Houston, TX Attorney at Law Texas State Prosecuting Attorney Austin, TX Austin, TX HON. LINDA REYNA YAÑEZ JEFFREY S. GARON* Thirteenth Court Of Appeals A b o U T T H E C O V E R JOHN R. ROLATER, JR. Edinburg, TX Collin County District Attorney’s Office “Improv 101” is by David Collin County District Attorney’s Office McKinney, TX McKinney, TX KEVIN YEARY Newman. For more informa- Bexar County Criminal District Attorney’s Office STACEY GOLDSTEIN RANDY SCHAFFER tion, call 512-293-1482 or visit San Antonio, TX Texas Court of Criminal Appeals The Schaffer Firm www.artworksbydavid.com Austin, TX Houston, TX *planning committee

2007 NON-PROFIT-ORG U.S. Postage Paid UTCLE Robert O. DAWSON The University of The University of Texas at Austin CONFERENCE ON CRIMINAL APPEALS Texas THE UNIVERSITY OF TEXAS SCHOOL OF LAW School of Law P.O. Box 7759 • Austin, TX 78713-7759 May 9-11, 2007 • Radisson Hotel & Suites • Austin, Texas

This program is not printed or mailed at state expense.

M This course has been approved for Minimum Continuing Legal Education C credit by the State Bar of Texas Committee on MCLE in the amount L of 13.50 hours, of which 2.25 credit hour will apply to legal ethics/ E professional responsibility credit.

E-mail us at [email protected] or call us at 512-475-6700 for more information