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Hearsby Walter Boyd and Allen C. IsbellQuote of the Month: "It is difficult to Pennsylvania, but spent an extended weekspeakof anything as 'normal' that happens end inVermont. Rumor is she stayed at thein the 176th"-Judge WiIIh Hatten Stratford Inn and enchanted Bob New(176th Houston). True, Judge, true! hart with conversation .. David Zavoda,Interesting story about thee County who received a call from the 14th CourtCriminal Court Judges who played golf in of Appeals that his case had been affirmed,Galveston during the recent Judicial Con- was relieved when I explained that theyference. Judge Sherman Ross and Judge call everyone-He thought they wereDon Hendrix enjoy playing practical rubbing it in.. . CharlolteHarrfs sponsoredjokes -Ask Judge Neil Richardson about 3 movies on the death penalty at the Ricethe "explodimg golf ball" trick-I cannot Media Center . . . Carolyn Hebert andlearn whether there was a golf rematch Stefan Presser (Staff Counsel ACLU) rebetweenJudge Jack Treadway and Judge cently married.Bendpix ...Michael Guarino. Mr. D.A. in Don't get caught in Jefferson CountyGalveston County and father, Judge Joe since 72% of all felony cases end with penGuaribo (183rd Houston) visited during time-Ironically, JudgeGistfrom Jeffersonthe conferences.County is a frequent lecturer at our sem-If Diogenes had stumbled into the inars on "Creative Sentencing" . . . AHarris County Criminal Court House Statewide report on prison sentences indimaintenancebullding, he would have cates that whites, hispanics and blacksfound his honest man-MoNie Childs left receive comparable prison terms. Amongher purse in the 176th District Court males convicted of murder, blacks receiveroom-Clul Laird, from building mainten- an average sentence of 14.7 years, Hispanance,found it and returned it the follow- ics 23.1 years and whites 21.1 years.ing day with all the cash, credit cards, etc. Among males convicted of robbery, blacksintact.received an average sentence of 12.8 years,CDLP Executive Director Jeanne Kit- Hispanics 9.9 years and whites 11'9 years.dens toured New England during a fall Increasing numbers of first offenderssenvacation.The colors of changing foliage tenced to pnson. In 1980, 63.2% werewere brifliant. She headquartered m handed prison sentences; in 1983, 68.2%went to prison . . . Jefferson County hasexperimented with a "No plea bargainpolicy" fur all felontes-After a year,backing off policy to allow plea bargainingin 2nd and 3rd degree felonies-backlogof cases making docket unmanageable.Editor M.P. '2ususfy "DuncanlTlhas aprotective secretary-"Hearsay" diedand his secretary said he had a grievancecommittee meeting scheduled-learningwho was calling, she quickly added: "He'son the committee!!"-Wouldnot give"Hearsay" her name . . . Yours truly(A.C.I) had one "snatched from the jawsof victory" when the Court of CriminalAppeals accepted State's P.D.R. andunanimously held the evidence to be sufficientin a burglary case based on anidentification of a jar of pickled pig'sfeet-Unkindest part of all was that myco-author M7.B.) had told me it would beand should be &d that I owe him 9 jarsof this culinary delight-this case has becomewell-known in Harris County as"The Pickled Pigs Feet Case."Criminal defense lawyers are better inracquetball than civil lawyers-at least,they did very well in the "Battle of theCourts" racquetball tournament sponsoredby the UMCA-George Parnlurm won 2ndin the "Men Over 40" group, and 3rd inthe "Mens A" (category of highest expertise)-JacquelineTqytor won 1st in the'Women Over 30"-George and Jacquelineare partners, and their two person firmwon more trophies than any other lawfirm, including the "big" civil law firms.Clyde Williams and Cathy Greene Burnetrare organizing a criminal law institutefor the Hams County Criminal LawyersAssociation for November on representingpeople accused of homicide-H.P.D. homicide detectives will be on thefaculty, lecturmg on how they investigatehomicides . . . No news of events fromJackStrickland president of TarrantCriminal Lawyers Association . . . "Hearsay"has heard several names mentionedas president of the Dallas County CriminalLawyers Association-Please someonegive "Hearsay" a report from Dallas.Valerie Davenport has finished herduties as hriefw attorney for JusticeSam Bars (1st Court of Appeals) to enterprivate practice-Rumor is she prefers apersonal injury fum because she heardhow little cminal defense lawyers make
. . . Criminal defense lawyers KenSpark Appeals, in its in-house C.L.E. program- for Sheriff of Harris County, debated atand Randy Schaffer took a 2-week h~atus Do other Courts of Appeals have in-house the October luncheonof the HarrisCountyto the Civil side of the street, trying a C.L.E. programs? Let "hearsay" know Crimmal Lawyers AssociationBenDwdntfalse arrest case-verdict for $575,000 00. EdPaynter (Ahdene) getsnationalpub- is chairman of the luncheon committee.The 1st and 14th Courts of Appeals licity for winning a "Burning Bed" case In Justice Ross Sears of the 14th Court ofhave moved from theu old locations to Abflene by successfully defending mother Appeals (Houston) has spoken recently tothe South Texas Law Building-nicer and daughter who poured gasoline on the Fort Bend and Galveston Bar Associafacdities,hut criminals are everywhere it sleeping husband ... Ask Ed Gray (Dallas) tionsJohn A. Convery ex-bnefing clerkseems-Maiy Jane Smt, Clerk of the and Randy Taylor (Dallas) the "joy" of for Judge Michael McCormick and coi4th,was mugged in broad dayfight at making an unscheduled landing in a private author of Judge McCormicVs recentarticle on fundamental error on jurythe facility-our good friend is back and plane at a mflitary base ... On their waydoing weU-culprit still at large . . . All to MeAllen for the recent DWI seminar, charges in Volume 15 of St. Mary's LawCourts of Appeals do not have the same the weather forced the unscheduled stopnumber of judges, so comparisons must -greeted by dogs, M.P.'s and other "con-Review has gone to work in Gerry Goldstein'sofficeJudge David Hittner's Sat-be on a "per judge" basis. For the past cerned" persons . .. Speakers at the sem urday morning in Court seminars havetwelve months, the lst Court of Appeals inar included Ed Gray (Dallas), Randy become so successful in Houston thatha come in ist the of cases Taylor (Dallas), I'rez "Scrappy" Holmes they aregoing statewide.disposed of per judge-thanks, in part, to (Longview), Dr. Ken Smith (Houston), Have you gotten a faster verdict? Gaptheir efficient central staff . . . The 1st Kerry FitzGerald (Dallas), and Gary land Mclnnis got a "Not Guilty" on aCourt also rendered the second largest Trichter (Houstontdespite last mlnute marijuana possession charge in 6 minutes.number of decisions, regardless of the size severe scheduling problems, Nance and Let us know what is happening in yourarea. We need moreinput fromareas otherof the Court-promised my source that I Laurie ran a good seminar ... Next Boardwould not say it was second in gross opln. meeting is December 15, 1984, in El Paso. than Houston. Write to us at 202 Travis,ions for the year . . . Bin Hobern is let- Charles CorreN, Repubhcan and John- Suite 208, Houston, Texas 77002, orturing to the staff of the 1st Court of ny Klevenhegan. Democrat, candidates call 7131236-1000 ...1.concerning the testimony about imprintsleft by prosthetic devices, and affmedthe conviction. Unfortunately, the opinionmore or less ignores th; compl&tForensic and judged all the evidence as sufficientto support the conviction.ScienceNewsThe question however remains, is testimonyabout prosthetic device imprintsscientifically reliable enough to be admissibleevidence? In Oklahoma, at leastaccording to this case it seems to he. See:Jones v. State, 660 P.26 634 (Okla. Crim.App. 1983).In an unrelated matter, on December8, 1983, the Georgia Supreme Court affirmedthe convictions of Wayne Williamswhich arose from the celebrated Atlanta\ " murder cases. On November 9, 1984, theIn a relatively recent Oklahoma case, the crime were found in the Defendant's Dallas County Criminal Bar Associationthe defendant, who wore an artificial leg, truck, and hair similar to the deceased's will present a crrminal law institute. Onewas convicted of a rape-murder. As a part hair was also found in the Defendant's of the speakers on the program is Larryof the State's evidence amedical examiner truck. In addition, a fiber was removed Howard who is the Director of thetestified that marks found in the mud frm the victim's fingernail that was sim- Georgia Crime Laboratory.around the vi~tim'~ body were marks that ilar to that which comprised the Defen- Mr. Howard was responsible for colcouldhave been left by someone with an dant's shirt. There was also an inculpa- lecting and testing the scientific and traceartificial leg. tory statement made to a cell mate in evidence that resulted in the convictionsAlso, other circumstantial evidence which the Defendant admitted that he of Mr. Williams. Larry Howard is trulysupported the State's assertion that the raped and killed the victim. one of the most noted authorities onDefendant was at the scene of the mur- On appeal, the Oklahoma appellate fiber evidence in the United States. Any-der. For example, soil samples connect- rejected the Defendant's challenge to the one who ininterested in scientific evidenceing the Defendant with the locatmn of State's evidence, including his complaint should not miss his presentation. INovember 19841VOICE for the Defense 17
Page 2 and 3: JOURNAL OF THE TEXASCRIMINALDEFENSE
Page 4 and 5: A recent Dallas Life Magwfile artic
Page 6 and 7: people destined for death row or al
Page 8 and 9: nity, is one: He is a member of Phi
Page 10 and 11: Crlmmal Appeals m Austin called the
Page 12 and 13: 1 U.S. v. LANE, NO. 83-1742, Revld,
Page 14: that the right of allocution was an
Page 17: On appeal, the Court held that the
Page 20 and 21: denying bail had been automatically
Page 22 and 23: and turned to the question of wheth
Page 26 and 27: However, in the case at bar, no tim
Page 30 and 31: Dear Rusty:RE: September issueInres
Page 32: NEW from Knowles Law Book Publishin

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