gditor - Voice For The Defense Online

Dear Rusty:RE: September issueInresponse to your rhetorical question,"what's wrong . w~th the picture?': myguess is:-Tim Evans has shaved his legs.Thank you.Sincerely,JACK V. STR~CKLANDAttorney at LawFort Worth, TexasDear Mr. Duncan:What's wrong with the cover pictureon the September issue?There are too many pictures of CliffHolmes-two too many!Yours truly,DOUGLAS TINKERTinker, Tor & BrownCorpus Wisti, TexasDear Rusty:I saw with interest our reprint of DavldHershel's article entitled "What we canLearn from the Eaglish Approach to theProblem of Illegally Seized Evidence." Ienclose my reply to Mr. Hershelpublishedin that publimt'in.I would humbly suggest that if theEnglish approach to protection of the Cltizen's+ts to privacy had been as hot asMr. Hershel suggests, we would not haveneeded a revolution to escape the abusesof that despot King George.Sincerely,GERALD H. GOLDSTEINFor Goldstein, Goldstein & HilleySan Antonio, TexasDear Rusty:I thought you might fmd the followingamusing-After a burglary with intent to comrnit18 VOICE for the ~eferrse/November 1984rape trial in Dallas County, the punishmenthearing was before the trial court.The following is a complete transcriptof the evidence and the prosecution'sopening argument:The Court: Call your first witness.The Pmseeutor: State will rest onpunishment.The Defem Counsel: Defense wouldrest.The Court: Let's have the recommendationof the State of Texas.The Prosecutor: Time and fme, allof It.Result-50 years T.D.C.Sincerely yours,RONALD L. GORANSONAttorney at LawDallas, TexasDear Rusty:RE: Death Watch CommitteeEnclosed please find a letter fromRichard Brody of the NAACP Legal Defenseand Education Fund concerningactivity on the Texas Death Row. I amadvised by Mr. Brody that there are theecases of immediate need arising in the verynear future, with particular need, one outof Galveston and one out of Amarillo.1 would appreciate your including thisletter in the next available issue of theVOICE for the Defense.By copy of this letter I am notifyingNance and Laurie that any calls thatcome in in response to the letter shouldbe forwarded to me.Thanks for your help.Sincerely,RICHARD A. ANDERSONAttomev at LawDallas, TexasDear Attorney:The State of Texas houses the secondlargest death row populat~on in the nation.Though most of the inmates undersentence of death have so far found legalcounsel, we have to find new attorneys torepresent capital defendants in their postconvictionappeals. If this trend continues,inmates with valid legal and constitutionalIssues may go to their death becausecounsel was not available to press theirclam In court.Regardless of one's views on capitalpunishment, defense lawyers surely knowthe importance of rasing effectlve appealsin criminal cases. This is even more vitalin capital cases. Indeed, out of all capitalcases affirmed on dzrect appeal, close to60 percent have been reversed by the federalcourts due to error of constitutionalmagnitude. Clearly there are valid issuespresented by all capital defendants whichdeserve the assistance in court of competentappellate counsel. Allowing theseissues to escape judicial scrutiny wlll notonly cost lives, but will result in bad legalprecedent affecting all criminal cases.We therefore ask your assistance involunteering to represent eapltal defendantsas the need arises. With the increasingpace of capital sentencing and theburgeoning death row population, yourassistance as criminal defense lawyers isabsolutely vital.If you wish to volunteer your servicesas counsel or wish to assist in any othercapacity, please contact the Texas CrimmalDefense Lawyers Association as soonas possible.Smcerely,RICHARD BRODYDirector of ResearchCapital Punishment Project