TCDLA Texas Criminal Law Short Course - Voice For The Defense ...

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RICARDO FLORES Texas Bar No. 07166500 106 S. 12th Street, Suite 116 Edinburg, Texas 78539 (512) 383-0514 THE STATE OFTEXAS 5 COUNTY OP HIDALGO P BEFORE ME, the undersigned authority, appeared JOSEPHA. CONNORS III, who being by duly sworn did depose and state on his oath the following: My name is JOSEPH A. CONNORS 111. I am one of the appellant's counsel in the above styled and numbered cause. I have read the above and foregoing motion to amend and/or supplement appellant's P.D.R. I hereby swear that the facts contained therein are true and correct. JOSEPH A. CONNORS 111 SWORN TO AND SUBSCRIBED before me on this the 22nd day of June, 1988. ROSALBA GARZA Notary Public In And For The State of Texas Certificate of Service I, JOSEPH A. CONNORS 111, hereby certify that on this the 22nd day of June, 1988, a true and correct copy of the foregoing has been mailed to Hon. Theodore C. Hake, Assistant Criminal District Attorney, Hidalgo County Courthouse, Edinburg, Texas 78539; to the State Prosecuting Attorney, P.O. Box 1240, Austin, Texas 7871 1; and to appellant. JOSEPH A. CONNORS 111 Official Notice Court of Criminal Appeals RE: Case No. 1149-87 STYLE: Martinez, Emeterio On this day, the Appellant's Motion to Amend the Appellant's Petition for Discretionary Review was granted. The time for filing the Appellant's Amended Petition for Discretionary Review was extended to 6-28-88. Thomas Lowe, Clerk CDLPmCDLA IT88 Seminar Schedule and Tentative FY89 CDLPmCDLA Seminar Schedule September 2&30,1988 TCDIA Shod Course Fort Wonh - Hyart Regency October 1,1988 TCDIA Board IiMing Fort Worth-HyaU Regency October 12-14,1988 CDLPFderal Criminal Dallas November 18, 1988 CDLPSex Crinm Austin December 1-2, 1988 CDLPSkills Course Houston February 18, 1989 TCDMBoard Meetinpl - Las Vegas March 12-17.1989 CD1.P- LTAI Huntsville April 21, 1989 TOLABoardIileeling Austin May It-12, 1989 CDLPFderal Criminal Rio Grandc Valley June 1546,1989 Jury Selcetion Mlas or Fort Worth June2Wuly 1,1989 SBOT Convention San Antonio July 2&21,1989 CDLP-Skills Corn August 10-1 I, 1989 CDLP-Federal & State Appellate PMdice DallaVFort Won11 August 17-19, 1989 TCDLAShod Cow FEDERAL to be determined June 28, 1988 RE: Case No. 1149-87 STYLE: Martinez, Emeterio On this day, the Appellant's Amended Petition for Discretionary Review has been received and filed by this Court. Thomas Lowe, Clerk Batson Revisited In the "Worst Panel" category, I chose Garza I,. Stare, 739 S.W. 2d 374 Corpus Christi, 1987 where the case involved an offense in a bar and the DA had jurors who weren't taking the case seriously, or had a brother-in-law in the pen, or who "tended not to enforce the law," or who was a patron of the same bar, or was a relative of the Sheriff who would not investigate the case initially, or had served on an acquitting jury or, finally, knew the defendant from the racetrack. All this noted, remember the DA got a conviction. Well, where does all this leave a lawyer who finds himself with a jury panel which looks like either a meeting of a Mafia family (if you're a DA) or a KKK Klavern (if you're a defense lawyer)? Well, you can always holler "Shazam." 42 VOICE for the Defense / September 1988
TCDLA Committee Update by Jeffrey Hinkley Your column this month features the activities of the Amicus Curiae Committee, the Sentencing and Parole Commiltee, and the Mid-Year Meeting Con~mittee, as of the end of July 1988. AMICUS CURIAE COMMITTEE TI& year the Amicus Curiae Committee will be chaired by David L. Botsford of Austin, Texas. Mr. Botsford is with the law offices of Alvis, Carssow & von Kreisler, 800 Southwest Tower, Seventh at Brazos. Mr. Botsford is a 1977 graduate of the SMU School of Law, and a past briefing clerk for Judge Truman Roberts in the Court of Criminal Appeals. He practiced with Emmett Colvin from 1978 to 1982, and with Frank Maloney from 1982 to May 1988. He is a Board Certified Specialist in Criminal Law, a Director of TCDLA, and a member of the State Bar .of Texas Criminal Law Exanunation Commission for criminal law specialization certification. The Amicus Committee is currently working on two cases: (I) John Paul Pewy 1,. Lynarcglt, currently pending briefing and oral argument in the Supreme Court of the United States. Ed Mallett, Carolyn Garcia, Mark Stevens and David Botsford are coordinating with Dennis Balske and Nina Ginsberg, the cochairpersons of the Amicus Committee of NACDL, in an effort to file an amicus brief on the issue of whether, as interpreted by the Court of Criminal Appeals, Article 37.071 is unconstitutional by virtueof the failure to allow the jury to "really" consider mitigating circumstances. The right to an individualized application of all mitigating circumstances and consideration of a discretionary grant of mercy by a jury in a capital case is essentially negated by virtue of the special issue submission under Article 37.071. The Amicus Committee was contacted in regard to Pewy in mid- July, and the brief is due August 15, 1988. (2) SIrera Swope 11. State, currently pending briefing and oral argument in the Court of Criminal Appeals. Merrilee Harmon and David Botsford are currently working to provide amicus support. The case involves the issue of whether a defendant, indicted strictly as a party by having "solicited," "encouraged," "directed," "aided," or "attempted to aid" the primary actor, is entitled, via a motion to quash, to notice of the manner and means whereby the defendant became a party (i.e., a specification of the act($ andlor statement($ [oral and/or written] which the defendant allegedly performed or made that allegedly constituted the party conduct). SENTENCING AND PAROLE COMMITTEE For those of you who keep abreast of the TCDLA committees, please note that the previous Corrections and Rehabilitation Committee is now entitled the Sentencing and Parole Committee. This year the Committee will be cochaired by William T. Habern of Sugar Land, Texas, and Steve Martm of Austin, Texas. Mr. Habern is most pleased to have Steve Martin with the Committee and TCDLA. Mr. Martin recently joined the Association and plans are that Mr. Martin and Mr. Habern will be doing some seminar work for the Association and Project. As many members koow, Mr. Martin was a General Counsel for T.D.C. during the latter part of the Ruiz litigation, and has co-authored and published TEXAS PRIS- ONS (And The Walls Came Tumbling Down), published by the Texas Monthly Press. If one is engaged in the defense of persons accused of crime in Texas and has not read that book, then Mr. Habern suggests it is "must" reading. Being involved in the Ruiz litigation as a witness, having lived in Huntsville during most of that case, and being employed by T.D.C. during the early stages of Ruiz, Mr. Habern assures us that the hook is not pro-T.D.C., and is as near 100% accurate as he can recall. Both gentlemen plan to take an active role in dealing with activities of the Iegislature. They feel that, in the past, TCDLA has not been as active as it could and should have been. One area of concern is pending legislation on our state sentencing structure. There is a need to alter portions of the State parole statute. Many matters involving prison considerations always come before the legislature, and Greg Morris with his committee will be hearing from both men regarding these matters. Mr. Hahern and Mr. Martin believe that the T.D.C., Parole Board and Probation people now know that our organization at times shares many mutual interests, and working together is one way to attempt to affect positive change. MIDYEAR MEETING COMMITTEE Bill Wischkaemper, a partner in the law firm of Wischkaemper & Martinez, Lubbock, Texas, was appointed to chair the Midyear Meeting Commiltee. Mr. Wischkaemper informs me that he and President Mallett have formulated a tentative plan to stage the mid-year program in Las Vegas. The concept is to set aside Wednesday, February 15, 1989, through Saturday, February 18, 1989, for the Past Presidents' Seminar, and the Board of Directors and Executive Committee meetings. Mr. Wischkaemper is in contact with various hotels and travel agents in an attempt to secure the best lodging and travel at a minimal cost to our Association niembers. Once the mid-year meeting plan is foqalized, an angouncement will be made to $11 TCDLA members. September 1988 / VOICE for the Defense 43
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Page 10 and 11: The Top Ten Most Common Areas of Im
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Page 22 and 23: App. 1986) and Ex pane Bracelet, 70
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Page 26 and 27: White Collar Defense The Money Laun
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Page 37 and 38: New Publications by Don Adurns 1987
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TCDLA Texas Criminal Law Short Course - Voice For The Defense ...

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