8/11/2019 2008 Fall Defender
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, ,
,
I
F 2008
HARRIS COUNTY CRIMINAL LAWYERS' ASSOCIAT
8/11/2019 2008 Fall Defender
2/24
Look
at
what
Ihave done
to
see if
you'd like what
Iwill
do
Began the 178
th
Criminal
District
Court's
participation
in CTI
(Change
Through
Intervention)
program
that combines closer
court
monitoring, lower probationer to
officer ratio, and progressive sanctions to obtain behavior modification for
offenders;
Required compliance
with the Fair
Defense Management
Act (FDMA);
Expanded the
Grand
Juryselection
process as to ethnic origin and
gender;
Provided greater use
of
mental health
resources;
Improved
community
supervision
officercommunication
with Court Liaison
Officer; and
Installedacomputerfor
access by
members
of
the defense
bar
to
have equal
access
to Harris County JIMS records in the courtroom.
On
November 4 th
Vote
forJudgeRoger Bridgwater
178
th
CriminalDistrictCourt
www.judgerogerb.com
A
Judge
who
was in
the
trenches
and
who knows how you
feel
............
..
Paid
by Judge Roger Bridgwater Judicial
Campaign
7941 Katy
Fwy, #140, Houston,
TX,
77024
In
voluntary compliance with Judicial
Campaign
Fairness Act
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3/24
2
From the President
y
Mark Bennett
3 ............... .
Winning Warriors
5
From the Editor
y Shawna L Reagin
7
Motions for
New
Trial
y
Patrick
F McCann
10
Motion
of
the Moment
y Shawna L Reagin
12
Alternatives
to
Ja i
y Hon Roger Bridgwater
14
Modification
of Disposition
or
VOP
y
JoAnne Musick
16
he
Dudes Abide
y
Wendy Miller
1 . . . . .
Grace
Notes
y
Jeremy
Sierra
9
Welcome New Members
8/11/2019 2008 Fall Defender
4/24
HCCl
~ ~ ~ ~ ~ ~ ~ ~ 2008-2009
PRESIDENT
Mark
Bennett
PRESIDENT ELECT
J
oAnne
Musick
VICE
PRESIDENT
Ni
coleDeB o
de
SECRETARY
T
BTodd
Dupont
II
TREASURER
Steven
HHa lpert
PAST
PRESIDENT
Patrick
f
Mc
Conn
BOARD
OF DIRECTORS
Staci Bggar
David
C
nningham
Tyler fl ood
Tucker Groves
Mak
Hochgloube
Dvid
Jones
Rondoll Kalli
nen
Dav
id
Kiotto
M
arjorie
Meyes
David Mtcham
Roland
Moore III
Earl DMu sick
John Porras
Charles
StanFie
d
o TateWilliams
Sarah
v Wood
PAST PRESIDENTS
1971 2007
CAnthony fri loux
Suart Kinard
George
Luque
tte
M
rvin
D
Teague
D
ck
OeGuerin
WB
House
Jr.
Dav idR Bires
Woody
Densen
Wi ll Gray
Edward AMollett
C
rolyn
Garcia
Jock B
Zimmermann
Clyde Wll iams
Rober t Pelton
Candelario flizondo
Allen C Isbell
David M
tchorn
Jrn [ Lavine
Rick
Bross
Mary [ Conn
Kent
A
SchoPPer
Don Cogdell
Jm
Skelton
Ge
org
e
J
Pornharn
Garland D Mcinnis
Robert AMoen
lloyd Dliver
Donny Eas
terling
Wayne Hill
Richard fronkoPP
W
Tr
oy Mc
Kinney
Cnthia
Henley
S
anley
GSchneider
Wendell
A Odorn J
Robert
J
fickman
Publisher
:
HCClA
Distribution 550 copies per issue_
Ed
i
torial
Staff:
Shawna L. Reagin
For
articles and other editorial
Ads &Distribution :
JoAnne
Musick Christina Appelt
contributions,
contact
Shawna L Reagin
DeSign &ayout:
Limb
Design
www.
limbdesign.com
at 713 -224-
1641-
To place an ad, call
Illustrator: Guillermo Cubillos
Shawna L Reagin at 713-224-1641
~ ~ @ I r ~ ~
PRESI ENT
My Friends, I'm writing this in the heat of a Hou ston summer,
but
by the time
you read it the kids will be back in
school
and temperatures will have started
to
conle
down. ie might even have turned off the air conditioning for a day or two.
(We also might have been threatened
or
hit by tropical storms
or
hurricanes
or
other life- and
practice-altering
events . Ah, the joy of writing this
message
with 3
one-month lead
time.)
If you're a fan of culture or sports, Houston's
got
it - pro
semi-pro, and
amateur. Sure, the
region
is
a little bit
short on
natural
splendor,
and
yes, ifyoll like mountains YOll ve got a long haul. And the
weather
well , there may
be places in the United
States
better
suited
to human habitation
than HOllston
.
Not
to mention that, from the point
of
view of lawyers who stand up for people, Texas's partisan system of
electing judges is a scabrous blight on Justice.
Notwithstanding
all of that,
Houston
is the Promised Land for criminal defense trial lawyers: the
fourth biggest city in the U.S. (with lots of business), with the lowest cost of living
of
any of
America's 20 largest metropolitan areas, and an aggressive and competent (and I don't care what Kelly
Siegler now says about that) prosecutor's office
that
sharpens us as steel sharpens steel.
Nobody wants this
work
to be easy (where'S the fun in that), but in Texas we
benefit ti
-
om
laws that favor the accused
(and
sometimes
the defense
bar) in ways that other states' laws wouldn't.
For example:
Except in very narrow circumst ,lnces , all defendants are entitled to reasonable bail (and their
lawyers can, even in those constitutionally defined circumstances, make it difficult
to
deny bail).
Defendants can have jury trials for anything. The U.S.
Constitution
doesn't require jur), trials for
petty offenses ,
but
the Tex ,ls Constitution
requires
them in all criminal cases. The benefit
to
the criminal defense bar should be as obvious as the benefit to the
accused.
Defendants
can't
be prosecuted for felonies except on the pres
entation
of a grand jury indictment.
As a result, we get an opportunity
to
head
off
fllrther litigation if we think we can persuade the grand
jury that prosecution is inappropriate.
Texas Code of Criminal Procedure Article 38.23, the statutOry exclusionary rule , gives juries authority
to
determine
suppression fact jssues.
Texas Code
of
Criminal Procedure Article 38.22 presents statutory obstacles to the admission of
sta
tements
made by an accused in response
to
custodial
interrogation.
Punishment
ranges
as
wide
as probation-to-life
and jury
punishment
allow us
to
bring our advocacy
skills more to bear to try to achieve some measure of justice instead of relying upon bureaucrats to
s
entence
by
the numbers.
An accused has a right to a lawyer no
matter
the offense; an indigent accused has the right to appointed
counsel, no matter the offense.
Texas
Code of Criminal Procedure Article 38.14 provides that nobody can be convicted on the
uncorroborated word
of
an accomplice, and Texas
Code of
Criminal Procedure Article
38.141 p r o \ ~ d e s
that
nobody
can be convicted
on tJle
uncorroborated word
of
a police informant.
It
occurs
to
me
that
I've just given
the pro-government
reactionaries a wishlist for
the
next legislative
session.
The point,
though, is that
all of
these factors -
as
well, probably, as
some that
I
haven't
though
of -
contribute to make
Texas an
intere
s
ting,
profitable, and lively place
to
be a criminal defense trial lawye
r
A friend
of
mine
who
practices in
Manhattan
claims
that
New
York criminal defense lawyers
who try
lots
of
cases try
one
every
three
years or so. I
don't know how
many trials
is
a
lot
for Houston criminal defense
lawyers, but I know that the halfdozen or
so
that I have been trying annually is not "a lot.
We live among a populace that has been
conditioned to
be terrified
that
our efforts
to
secure their
freedom might keep the trains from running on time.
They
fear
that
if we are free
t
ply our trade, and
ifour
clients receive
due
course oflaw, society will be more chaotic and le ss safe . They are entirely correct: jf we do
Ollr jobs properly, society will be less
ordered. Freedom
is neither tidy nor safe.
What
we do
is
mueh larger than merely trying to keep people out of jail. We have one of the few jobs
that
the founders
of
our
country
- whose primary concern was preventing the resurgence
of
tyranny -
though
important enough to memorialize
in
the C"(mstitution. \Ve have a sacred duty not only to our clients
but
also to
the liberties that made America free.
HCCLA
stands with you, its members, on tJle front line
of
the struggle to
make a decent living,
to
defend your clients, and to preserve liberty for
our
children and tJleir children.
Your
board
of
directors meet
s
on the second Thursday
of every
month
at 11
:30 a.m.
on
the
7th floor
o
the Criminal Justice Center. This is your organization, and you are alwa)'s welcome at its
board
meetings.
Mark Bennett
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5/24
THEDEFENDER] F LL 08
+
DANNY EASTERLING
beat the State on 3
out of
4 theft indictment
after a grueling 1O-day trial in the
337th
District
Court,
wher
his
client was charged with
computer
repair fraud over a 2-yea
period.
One
case was dismissed and the jury acquitted
on
tw
others,
but
convicted
on
the remaining 1st degree theft.
Th
prosecution urged the jury to start at 25 years in considerin
punishment, but DANNY
persuaded them
to
return much less
his
client should be free in a little more than a year.
+
BRIAN WICE
convinced the First Court
of
Appeals
to
set aside
70-year sentence from the
262nd District Court and remand fo
a new punishment hearing in air v
State
2008 WL 261187
(Tex.App.
Houston
[1st Dist.] No.
01-07
-00414-CR
delivered July 3,
2008),
PDR
filed
8/15/08.
Justice Terr
Jennings once again chastised the majority
in
a 27 -page dissen
to its decision to reject an insufficient links argument. BRIA
plans to appeal that issue and the failure to find harm in th
prosecutor s fmal argument that was a direct comment on th
accused s failure to testif)l.
+
This same prosecutor s improper
argument
caused a CC
reversal the day before in
York
v
State
2008
WL
267736
(Tex.Crim.App. 2008) [unpublished],
on
a brief authored
b
TROY MCKINNEY.
Maybe some
of
tllis recidivist misbehavio
would be curtailed if the courts would publish the reversa
and name the offending prosecutors -
Thomas
Pheiffer,
wese cases.
+
The
jury
took
only an
hour to
find
ALEXANDER
GUREVICH
17-year-old client
Not
Guilty
of
aggravated sexual assault
of
child
in
the
176th
District
Court. The
4-year-old complaina
claimed anal penetration
in
a delayed outcry. Dr. Carme
Petzold testified for the defense
and
greatly helped to neutraliz
me
testimony
of
the State s experts .
+
In a one-week personal record,
ROLAND
MOORE had three case
dismissed in tllree difkrent courts on Monday - a murder an
two robberies, a felony
MRP
dismissed
on
Wednesday and the
tllree felony dope cases dismissed against one c\jent on Friday.
THE
EFEN
8/11/2019 2008 Fall Defender
6/24
+
LEE
GUERRERO of GUERRERO BIGG R LLP worked diligently with
the prosecution for several
months
before finally obtaining a
dismissal of the criminaJly negligent homicide charges against
her client,
who
was involved in a car crash with a H arris
County
Sheriff's deputy found to be driving while intoxicated at the
time of his death.
+
Once she educated the prosecution about a particular DPS
trooper's career-long habit of stopping African-Americans with
out-of-state plates - in this case, for following too closely
on U.S. 59 - K THERINE SHIPM N got her habitualized client
charged with 3rd degree possession of cocaine and possession
of
marijuana a mere 120 days in jail under Sec. 12.44(a) , Tex.
Penal Code .
+
The amazing MUSICK L W FIRM just keeps
on doing
it:
E RL
MUSICK
and
KYlE
V NCE won a trial day dismissal
on
an
assault case in CCCL#7 after announcing ready; E RL annihilated
the technical supervisor
in
Guadalupe County, resulting
in
a
non-DWI offer; and JO NNE MUSICK secured separate dismiss
als
in a
drug
case and an assault , after announcing ready for tri al
+
M ND DOWNING persevered until she gained a dismissal
on
an
assault case
in CCCL
#3 .
+
JIM LEITNER
and
CLINT
GREENWOOD
battled
to
an acquittal
for a Precinct 4 captain accused o f felony tampering with
evidence.
Multi-talented
JIM also reversed an aggravated
kidnapping conviction
out
of the
179th
District Co
urt in
udnall
v State
2008 WL 2985435 (Tex.App. - Houston
[1st
Dist.] No.,
01-07-00858-CR
, delivered July 31,
2008)
[unpu blished]. Reversible error
occurred
when th e State
was permitted to call before th e jury a
previou
sly c
onvicted
co-defendant
who everyone knew
was going to invoke
the 5th , then question him in a manner that inculpated
the defendant. This
error was compounded by
the
trial
court ' s failure to instruct
the
jury that it could not infer the
defendant's guilt from
the
witness 's
invocation
of his right
not to testif)l.
This
is an important issue th at r aises a
question
over the
Court's
decision not to publish the opinion .
+
Another grateful client
can
thank TOM STICKLER for being
found Not Guilty of burglary of a building, enhanced , in
the
212th
District Court
of
Galveston County.
+
Thirteen minutes was a ll
it
took for th e jury to acquit
STEVE
HALPERT'S client
of an alleged family violence
assault
in CCCL
#1.
The judge was reportedly convinced of the
verdict after STEVE'S cross-examination of the complainant,
but
the prosecution rolled the dice, anyway.
+
CASIE GOTRO and HE THER MORROW to o k
another troph
y in
Wa
shington
County
by
garnering
a
Not Guilty ofaggravat
ed
assault with a deadly
weapon
for their
habitualized
client
after onl y 45
minutes
of
jury deliberation
.
The State then
threatened
to
prosecute him
for felon in
pos
s
ession of
a
firearm,
except
it
had
failed
to reco
ver
the
a lleged
firearm,
so
had
to dismiss tha
t case as wei I
+
And last,
but
by no means least:
VIVIAN
KING
fought
a
3-week, 3-codefendant
federal trial in
Austin
to
6
counts of Not Guilt
y involving conspiracy to violate
the Medicare anti-kickb
ack
statutes
and
other
substantive
counts of
fraud.
VIVIAN'S accounting degree and 9 years
as a banker before becoming a
lawyer
allowed her to
chew
up the many go v
ernment
witnesses who testifi ed
about
her client's bank records . This victory was even
sweeter due to the many underh anded tactics [such
as
declaring one of VIVIAN'S
witnesses
an
un
indicted
co
conspirator, prompting
her to plead the 5th and making
her
suddenly
unavailable] and Brady v
iolations
engaged in
by
the
AUSA - justice , in
th
e guise of VIVIAN KING
on
thi s
oc casion, prevailed
CONGR TUL TIONS
TO LL
THESE WINNING WARRIORS
future
warrIors
MBER and M TTHEW SKillERN
produced
an absolutely
gorgeous baby girl
on
July
17,2008,
when GWENDOLYN
M RIE
weighed in
at
6 lbs.,
10
oz., measuring 20 .5 inches long .
Welcome
t
the world!
DEFENDER 4
8/11/2019 2008 Fall Defender
7/24
T R
Fro
E
y Shawna L Reagin
According
to
the offIcial website
of
the State Commission
on Judicial Conduct [SCJc] the mission of the
SCJC is
to
protect the public promote public confidence in
the
integrity
independence, competence and impartiality
of the judiciary and encourage judges
to
maintain
high standards
of conduct
both
on and off the
bench.
The Commission allegedly
accomplishes
this mission
through investigations
of judicial
misconduct
or incapacity
and in cases
where
a
judge
is
found
to
have
engaged
in
misconduct or to be permanently incapacitated, the Texas
Constitution authorizes the SCJC
t
take appropriate
disciplinary action, including issuing sanctions, censures,
suspensions or
recommendations
for
removal
from office.
Lofty goals to be sure. Would that these words had
the
slightest meaning when it
omes t
judicial abuses
of
the
criminally accused. In the past few years
HCCLA
has filed
complaints against two judges for illegally jailing
defendants
who either have not hired a lawyer t suit the judge'S
timeline,
or have committed the
mortal
sin of being unable
to hire a lawyer after making bond . One of tbe judges,
Woody Densen, in addition to
jailing
an
African-American
woman who had not been able
t
hire a new lawyer over
the weekend as commanded by
Judge
Campbell, also
publicly berated an injured
young
war veteran for being
indigent and then later the same week took a plea fro
an unrepresented, mentally fragile man.
The other
judg
whose identity remains undisclosed due to an
agreeme
with the then-president of
th i
s organization quick
proved
herself
to be a recidivist
of f
ender once the origin
complaint was summarily dismissed notwithsta
nding
h
tearful promises
.
What we have learned through the tIling of the
complaints
is
that
the
extent
of
an
SCJC
investigation
appears to
e
perhaps obtaining some
sort of
denial fro
the
accused
judge,
then dismissing
the
complaint witho
comment. Interestingly, although the judge is provide
copies
of all documents in the complaint against him
her the complainant is never allowed to see any part
the response. This
is
akin to
sending
the prosecution
o
of the
courtroom while
the
defense presents its case the
expecting it to come in and effectively argue for a convictio
Although this might still result in numerous Harris Coun
convictions,
the fact remains that this procedure is gross
unfair t
th
e citizens who have suffered at
the
hands
judges who
don't know the
law refuse t follow the law an
distort the law to accomplish
their
own unconstitution
ends.
Citizens
should have tbe right
t rebut
claims
affidavits that are
demonstr
ably false.
///////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////
itizens SHOULD
HAVE
THE RIGHT TO REBUT CLAIMS
THE EFEN
8/11/2019 2008 Fall Defender
8/24
How DOES
THIS
PROMOTE
PUBLIC
CONFIDENCE IN THE JUDICIARY
/ / / / / / / / / / / / / / / / // / / / / / / / / / / / / / / / // / / / / / / / / / / / / / / / / // / / / / / / / / / / / / / / / // / / / / / / / / / / / / / / / / // / / / / / / / / / / / / / / / // / / / / / / / / / / / / / / / / // / / / / / / / / / / / / / / / // / / / / / / / / / / / / / / / / // / / / / / / / / / / / / / / / / // / / / / / / / / / / / / / / / // / / / / / / / / / / / / / / / / // / / / /
Il three claims against Densen were dismissed without
a single affiant or witness
being
contacted by the SCJe.
Even when the decision was
appealed,
an essentially
meaningless process in itself, no
one
on the Commission
bothered to
make a
phone
call in
attempt
to
verify the events.
This happened despite the fact
that
Judge Densen has a
history
with the
SCJC,
having
once been sanctioned
for
soliciting political contributions on the courthouse
grounds
.
Rest assured, however,
that
the SCJC does
not sit
completely
idle. Indeed, it would be less dangerous ifit did
not instead strike at random, issuing sanctions that seem
to be totally
disproportionate
to the alleged
misconduct
.
Our own
infamous
example s tbe
actual
impe hm nt
of
Judge Jim Barr for making a few off-color remarks to female
prosecutors
and incorrectly
issuing a writ of attachment for
a sheriff s deputy.
In
re Barr 13 S.W.3d
525
(Tex.Rev.Trib.
1998). The lesson inherent in the Barr case seems to be that if
judges wish
to
misbehave, they
should do
so with defendants
and criminal defense lawyers, not prosecutors and police.
In re Barr
is
instructive also in
that
it
decided the
three circumstances under which
legal error by a
judge
may
constitute grounds for a finding
of
judicial
misconduct:
(l) commission of egregious legal error;
(2)
commission
of a
continuing pattern
of legal
error; or
(
3) commission
of
legal
error
which
is
founded on bad faith. Id.
at
544.
The examples
cited
in
the
opinion
fall far
short of
illegally
jailing a
regular citizen
or
taking
a plea without a lawyer
present. Indeed, Judge Barr was faulted by the
tribunal
for admitting that
prior
to taking
the
step of depriving
a
citizen
of his individual
freedom,
he had not researched
the law regarding writs
of
attachment or witness bonds.
Id.
at 546. Although we
do
not know
what defense
Densen
may have raised, if any, Barr clearly
precludes
a sustainable
claim
that
he acted as he did
out
of ignorance.
More
recently, we have
seen
the
SCJC
publicly
avenge
the granting
of
Chris tmas leniency in eviction cases
and
the
off-hours,
out-of-court,
consensual derriere-patting by a
male judge on a female lawyer who was not herself in any
way offended and who did not file the complaint.
There
was also a public spanking for a civil court judge
who made
some awkward comments concerning slavery
to
an African
American lav.ryer
appearing
before
him. This
is
amazing
when you consider the rudeness and condescension to
which criminal
defense
lawyers
and the
criminally accused
are
subjected
in some courts on a daily basis. The message
is, it
is
okay to jail an African-American woman
with
all
the due process accorded a slave, but for God's sake, don't
mention
slavery to an Mrican-American male lawyer in a
money case. How does this
promote public
confidence in
the judiciary?
The
Commission does occasionally find it within itself
to
step
in
once
a
judge
has actually
been indicted
for
or
convicted of
a
crime
. Given its usual performance, though,
one has
to
wonder how many complaints were probably
swept
under the rug
for
years until the
misconduct
rose
to the level
of
a
criminal
offense. HCCLA has a pending
complaint against former
Montgomery County District
Court Judge
James
Kee shan,
sitting
by assignment, who
illegally,
and deliberately so,
jailed one of
our
members.
A grand jury has already declined to indict this learned
jurist
for offlcial oppression, but the fate
of
the
grievance
has yet to be revealed.
Key
to the SCJC's
willingness
to
act against
a
judge
is the
amount of
publicity
attendant to the fding
of
the
complaint. Therefore, there
is
nothing
to be gained by
entering into
future secrecy
agreements
with
the targets of
valid
complaints.
Our desire to always give the benefit of
the dou
bt
sometimes leads us
to
a
dangerous
nalvete.
We are not advocating
draconi
an
attacks
on the
judiciary for every perceived
slight
or
good
faith mistake.
Rather, we seek reliable
consistency
and transparency in
the dealings of the Commission. One hopes that judges
would
also welcome
such
a change. t must be
exceedingly
uncomfortable
to constantly wonder
what peccadillo
may
lead to public sanction or even impeachment, while knowing
that one's
colleague
can safely
act
like a raging
maniac.
Are
the decisions purely political? Does the SCJC exi st merely
to
protect the visitation rights
of
former judges?
Why
hide
the response
to a complaint unless it fails to exonerate
the
accused
judge or
contains easily disprovable claims?
It
is
time
for
the
sCJe to put
some
legs
on
its mission
statement and start
protecting
the
citizens of
this state
from serious abuses of judicial power. The
Code ofJudicial
Conduct is not particularly
onerous
in its behavioral
requirements.
f
the SCJC
cannot
manage
to
enforce it,
perhaps
we need a sunset review
and
a new beginning.
Correction: Due to
an
editing
error photo credit
to Cynthia Henley
for
the
social pictures from
the
HCCLA
banquet was inadvertently omitted.
The Editor s opinion is purely perso nal, and in n o way reflects the viewpoJnr
o r position ofrhe Harris County C riminal Lawyers Association .
EFEN ER
:< 6
8/11/2019 2008 Fall Defender
9/24
THEDEFENDER] F LL
08
otions
FOR NEW
TRIAL
The author is
a past President of the Harris
County
Crimina l Lawyers Association,
an adjunct professor at Texas
Sout
hern
University, and practices loca lly
here
in
Houston
and
Fort
Bend county,
CH NCE
AT SENTENCING
By
Patrick
F.
McCan
1\(I.' l'1l1 L'h.lIlg;(s 10 Tn.1S 1\1Ik
of
App(l\.ltl'
I 'nKl 'dur(
21,
L\'(I'\'llll(
of
LIS h.1s SOl11(
horror
slol'\'
of
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cmlTS
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tilr
Tri.11, h.1\,( lll.1dL' il possihle
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rl'(L'i\ 'nl, till' .1 r d ~ l i \
y
millor d1.1t'!!.(, ,\ ,11.11 s(nllL'lf
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III g.r.lIll rdirt ' Oil S(IlI(lleill!!. iSSlI(S 0111\-. This is
disI1t'oportiOIl.11l: 1(1'111
of
illlprisoll1l1l'llt, \ k Il(l'd 10 h(!!.ill
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"hn l '
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THE DEFEND
8/11/2019 2008 Fall Defender
10/24
\\
'c
ll
, fir'>t,
\\hcthl'l' onc i'> ,Ippointcd
()n ,If)peli,
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pr(
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DEFENDER :( 8
One can also try
to
disprove the errors in the PSI, if they are
present , Sometimes criminal history
is
misstated or overstated,
so providing affidavits as
to
the accuracy
of
the history and
obtaining some out
of
county
or
out
of
state records may
be needed, Mfidavits from family
members
are key
to
both
the medical/psychological portion of this MNT presentation
AND
to
the factual issues the trial court considered,
If one
has new facts
to
present,
then
the trial
court
will hopefully be
willing
to
listen, Again, here the services
of
an investigator
who
can locate and obtain records and affidavits is invaluable,
As the attorney,
one is
tr ying
to change
the factual face
of the client before the court , Even if one
does
not obtain a
complete re-sentencing, remember that, if eligible,
one
may
help the client's case for SHOCK PROBATION
or
for bail if a
persuasive story can be told , The facts you present in
court
may also be persuasive to other claims brought in, such as
a failure
to
investigate claim
on punishment,
or perhaps a
competency claim ,
There
are also times when the
court
may
with to exercise mercy, such
as
on multiple enhancements on
cases
of
prostitution or petty theft, where the complete story
of
the client, their difficult family situation, drug addiction,
or mental illness
\-vas
never truly brought
out, What
you are
preparing is essentially a supplemental or amended sentencing
memorandum
for
presentation to
the trial
court,
asking for
sllch relief as
you
think appropriate,
A word of caution here;
as
the Hippocratic Oath says,
FIRST, DO NO
HARM,
If
the client received a light sentence or
a SWEET DEAL please do
not
think
of
this as an advocation
for
reopening that door
,
Nor
am I
suggesting that
a
judge is
always going
to
change his or
her
mind, nor reverse a jury
decision ,
What
I am
suggesting
is that the
new
changes provide
a second chance for those clients
who
need it, It
is
a tall order
to
get on a case, get an investigator, obtain releases for records,
get
the records via requests, Open Record, or subpoenas, and
do
the family interviews and client interviews necessary
to
obtain affidavits in the
short
time one has
to
file a Motion
for New TriaL I am suggesting that if one makes an initial
review and concludes the sentence may have been too harsh
or inappropriate, then having a plan to
treat
the punishment
portion
of
the MNT as a way
to
educate the court and provide a
reason
to
give a more just sentence may benefit one's client. Eke
much
of our
efforts, and like chicken soup, it
couldn't hurt
,
8/11/2019 2008 Fall Defender
11/24
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mailto:[email protected]:[email protected]:[email protected]:[email protected]8/11/2019 2008 Fall Defender
12/24
ot on
OF
THE
Moment
By
Shawna L
Rea
gin
CAUSE NO. _
STATEOFTEX
AS
IN THE
DISTRICT
COURT
VS
HARRIS COUNTY
TEXAS
EMMABOV
ARY
178
TH
JUDICIAL DISTRICT
MOTION IN LIMINE
Prohibit
Prosecutor
From
Advising
Venire The State Has
Equal
Right
To
A
FairTrial
TO
THE
HONORABLE JUDGE OF SAID COURT:
COMES NOW EMMA OV
AR
Y Defendant in the above-styled and numbered cause, and files this
Motion
to Prohibit the
Prosecutor from Advising Venire the
State
has an
Equal Right
to a Fair Trial , and in
support thereof
she would show the
following:
I
Harris County prosecutors frequently advise felony venires that they want to be sure that the State gets a
fair
trial,
just
like the
Defendant deserves. However, the State
is
not entitled to due process
of
law; the rights created by the Fourteenth
Amendment
are, by
its very terms, guaranteed to the individual. The rights established are personal rights. COLLIER V. POE 732 S.W.2d 332, 342 (Tex.Crim.
App. 1987),
citing SHELLEY
V.
KRAEMER
334 U.S. 1, 68 S.Ct. 836, 846,92 L.Ed. 1161 (1948). Likewise, the word person in the context
of
the due process clause of the 5
th
Amendment cannot, by any reasonable mode
of
interpretation, be expanded to encompass the States of the
Union. COLLIER ante, citing SOUTH CAROLINA V. KATZENBACH 383 U.S. 30 I, 86 S.Ct. 803 , 816,
15
L.Ed.2d 769 (1966). Neither the State nor any
agency of the State is entitled to due process oflaw. COLLIER at 342 [cites omitted . Due process and due course
of
law are guarantees to citizens
and not governments or their agents. Id.
II.
Defendant submits that the right to a fair trial stems from both the 5
th
and 14th Amendments of the U.S. Constitution and their counterparts
in Art.
I
Sees. 13 and 19 of the Texas Constitution, and thus
is
not a right that inures to the State of Texas or its agencies. She requests therefore
that the prosecutors acting on behalf of the State of Texas be prohibited from advising the venire that the jurors who serve in this trial will be
required to give the State the same right
to
a fair trial as they accord Defendant.
WHEREFORE
PREMISES
CONSIDERED
Defendant prays this Motion be GRANTED
and that
the Court issue its order accordingly.
Respectfully submitted,
Shawna L. Reagin TBN 16634900
1305 Prairie , Suite 300 1Houston , Texas 770021713.224.1641
Atto rney For De fend ant
DEFENDER * lD
8/11/2019 2008 Fall Defender
13/24
CERTIFICATE OF SER VICE
I hereby certif)' that a true and correct copy of the foregoing Motion was hand-delivered to an Ass istant District Attorn
e
assigned to this case
on
this the 19
th
day ofAugust, 2008.
Shawna
L
Reagin
STATE OF TEXAS
IN
THE
DI ST
RICT C
OURT
VS
HARRI
SCOU
NT
YTEXAS
EMMA
BOVARY
78
TH
JUDICIAL
DISTRICT
ORDER
On
this the
day of ,
2008
came on to be heard Defendant's Motion in Limine to Prohibit th
Prosecutor from Advising the State Has an Equal Right to a "Fair Trial," and having duly considered same, this Court is of th
opinion
sa
id
Motion
should be:
Granted
I
Denied
Signed and entered this day of , 2008.
Judge Presiding
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THE DEFEND
http:///reader/full/www.copydotcom.comhttp:///reader/full/www.copydotcom.com8/11/2019 2008 Fall Defender
14/24
y
Hon.
Roger Bridgwater
THEDEFENDER]
F LL
8
LTERN TIVES
One Judge s Perspective
The
Honorable
Roger Bridgwater
is Judge
of
the 178
th
District
Court
.
Along
with this Borgman
cartoon,
appearIng the (HCCSCD). This perhaps
is
one more indication reflecting the
November 10,2007 Chronicle were three letters
to
the editor change in philosophy towards
more
of a corrections mindset
about the defeat
of
the county jail bond issue. One wrote, and away from that
of
social worker .
Confusion
abounds.
The
defeat
of
the jail
bond
baffles Harris
Rehabilitation has always been a consideration in
County
officials
who
have begun blaming each
other
for its
determination
of
sentencing
imposed by the District
Court
failure. Political analysts cite late campaign efforts. Not one of Judges trying criminal cases and a lack of jail space may
the post-election articles
quotes
a voter. The writer
then
opined encourage a closer look at other options.
that
with
. . . escalating imprisonment rates, it
is no wonder
Sentencing
alternatives
to
incarceration have been
that the voters have spoken. Will the deciders understand developed in a number of areas to address violations of
that ill-timed direct mail is
not
their biggest problem? probationers swiftly and appropriately using a system
of
Another said, Instead
of expending
taxpayer dollars graduated sanctions and incentives.
Among
the first such
for family counseling, education, job
treatment
and drug alternatives was the creation of the STAR (Success Through
treatment, taxpayers spend tens of
thousands
of dollars per Addiction Recovery) program, also known as Drug Court .
year
to
house an
inmate. The
goal
there is to
assist non-violent offenders in overcoming
While I don't
support
the accuracy
of
the
drawing
or
of
serious drug
addictions. The Judges serving
in
the
Drug
all the comments, I am concerned
that
this may accurately Courts do so on a
volunteer
basis
and
in addition
t
their
reflect many of the public'S perspective as well, if not at least a regular criminal
court
docket.
Defendants
from any of the
modicum
of the problem . 22 Criminal District
Courts
can be
referred
t
the Drug
Certainly
locking
them up S
not
the only answer Court
and, those
fitting the criteria are provided intensive
and the District Court Judges trying criminal cases realize substance abuse treatment with the aid
of
innovative court
that.
The probation department is now
known as the Harris supervision and
community support
services .
The
success rate
County
Community
Supervision and Corrections
Department
has been impressive .
DEFENDER
12
8/11/2019 2008 Fall Defender
15/24
LOCKING
THEM
UP
IS
NOT
THE ONL I
ANSWER
JAIL
THERAP't
PLACEMENT
IN
AN
IN-PATIENT
NEED-BASED FACILlT'I,
OR REMOVAL FROM
THE PROGRAM
or
removal
from the program ) other than revocation
wit
sentence to state
jailor
Texas
Department
of
Correction
Institutional
Division.
While there
are no
hard
statistics at
this time to sho
the direct
impact
of
progressive
sanctions to the reduction
o
revocations
of probation, in 2007
there
was a 14 decreas
for all
of
HCCSCD.
There are
several other
alternative
programs, but the
are all limited by funding
and,
as the
legislature
allots mor
funds towards these
programs, it is
the belief
that mO
Sllccess can
be seen
in
this
area.
The cost of
alternativ
programs is much
less
than the cost to incarcerate
.
Realize that I do not
speak
for any court other
than
th
178th
District
Court; other
judges
are
as
much
or
mor
interested and knowledgeable
in
alternatives then
I am
Be
creative, be aware of the
community
supervision option
available
to the
court, learn
the court's philosophy, you
client's needs and bring options to the Judge other tha
revoca
tion.
Lives are
being changed
and that goal
must
remai
among
the
top priorities for attorneys representing
offender
just
as
it is for
the
court
considering
case
dispositions.
DRUG
OURT
Change
Through Intervention
(CTI)
is another supervision
tool available to all Criminal Court District Judges, although
only in practice in 18 of the
22 courts.
CTI is available for
use in
drug
cases
as
well as for
other
offenses where it is
determined to
be appropriate. Being designed for high and
high-medium
risk/ needs
probationers there
is a 1 :35 officer to
probationer
ratio.
Currently there
are 20 CTI officers and
12
Aftercare officers assigned t
the
4 regional offices
throughout
the county.
There is
even a
CTI
Mental
Health
caseload were
supervision is 1:25 officer t client ratio.
These
programs
al low supervision to be
much more
intensive, with phase I of CTI requiring a minimum of three
face to face visits a month . Officers also maintain regular
contact
with
treatment
providers to
monitor treatment
issues
and progress throughout the
program.
The
Criminal
District Court Judge in
which
the case was filed also
meets
personally with the CTI
probationers every
90
days
to evaluate the participants and to provide praise
and incentives where appropriate as well as addressing
non-compliance issues with sanctions ( that may include
a supervisor admonishment, Court admonishment,
jail
therapy , placement in an in-patient need-based facility,
THE DEFENDE
8/11/2019 2008 Fall Defender
16/24
Modification of isposition
or Violation of Probation (VOP)
Part
I
By
JoAnne
Musick
Any
disposition,
except a commitment to
TYC,
may be
modified
by
the juveni e court
until
the child
reaches his
18th
birthday or the
child
is earlier discharged
by
the court
or
operation of Except
for
commitment to TYC,
all
dispositions automatically
terminate when the
child
reaches
his
18th
birthday.
A
hearing to
modify
disposition
shall be
held on the
petition
of the child and
his
parent, guardian, guardian
ad litem,
or attorney, or on the
petition of
the
state, a
probation
officer
or the court
itself.
Reasonable
notice
of
a
hearing to
modifY
disposition
shall be
given to aJl
parties. S4.04 d). Because any
party
may
petition
for a
modification,
the
court
is
given flexibility
to
reward
good
behavior
as
well
as
address negative
behaviors.
Typically it
is the
State seeking
to
modifY disposition
because
the
juvenile
is
alleged
to
have violated
the
terms and
EFEN ER
*
4
conditions
of their probation;
however any party may
petition
the court
for a modification.
And,
modifications
need not
always seek additional punishment; a juvenile in compliance
may seek
to
lessen his
probation burden or
otherwise
change
his conditions.
If the
term
of probation
will expire before
the
18th
birthday
the
probation may be
extended.
A
motion or
petition
must
be filed seeking extension
before
the
probation
term
expires
otherwise,
the
court
loses jurisdiction
to
modifY.
Further,
if
the petition to extend is
timely filed
the
court must
act
on
the petition
to
extend
before
the
first anniversary
of
the
date on which
the
period
of probation
expires.
2
And, similar
to adult
court
and motions
to
revoke
probation or
proceed
to
adjudication
of
a
deferred probation, the
juvenile
is not
entitled
to
a
jury
determination
on
a modification issue
3
8/11/2019 2008 Fall Defender
17/24
When the State seeks to modi ,) because of an alleged
violation of
probation,
it is clear the juvenile is entitled to
notice of the alleged violation. Though
the
family
code does
not specify what must be included in a petition to modi ,),
disposition, the juvenile
attorney should object when the
State does
not
follow the general requirements for a petition
for adjudication
or
transfer. The petition to modify
should
articulate the conditions
of
probation the
child is aJleged
to
have violated
and
the
manner and
means in which
the
child
is
alleged to have acted in the violation.
4
Notice
of
the
motion
to
modify
must
be given to all
parties including the child and at least
one of
the adults in
his
or
her life .
5
Where the State files the motion,
the
child is
entitled to notice; where the child files a motion, the State
is
entitled to notice.
The code states only
that
reasonable notice shall be given,
but it does not specify
what
is reasonable .
6
This has resulted
in a split among the courts, ranging from 8 days notice to at
least
10
days notice ?
Until
this conflict is resolved,
the
proper
remedy
is
to
file a
motion
for
continuance where
counsel
believes he has not been given
adequate
notice
of
the
issues
and time to prepare a defense.
If
the record does
not
show
when the child was given notice, but the child's
attorney
announced
ready, did not file a
motion
for
continuance, and
the child
and
his parents were
present and
fully advised by
the court as to the issues before the court, reasonable notice
is presumed.
s
To
avoid a waiver of the notice
requirement,
proper
objections are required.
Once filed, can the
petition
to
modify
be
amended?
Though
the
code is
silent
as to
the circumstances
under
which a petition for modification can be
amended,
the
general principle is that the petition can be amended
if
that
can be done
without
substantial prejudice to the juvenile
respondent.
9
Interestingly,
in
modifications
other than for placement
in a secure facility for a
period longer
than 30 days or
commitment to
TYC,
the
child
and
the child 's
parent or
attorney may waive the hearing in
accordance
with
Section
51.09 .
10
However, to place
the
juvenile in a
secure
facility,
the
court must
hold
a hearing
which
cannot be waived.
Once a
petition
is filed and hearing date is set, a
modification related to a violation
of
probation
is
a two-step
process: first, the court must determine whether or
not
the
child
violated
a
condition
of
probation; second, if the court
found
the violation to be true,
the
court
must
determine
what to do about the violation. The
court
wiJl be
permitted
to
review social
history
reports from probation officers
professional court
employees,
or professional consultants i
addition to the testimony of other witnesses to determin
the appropriate modi fica tion. II
Further, where
the modification
seeks
confinemen
the juvenile
is
entitled to an attorney. 12 A
court
making
finding
of indigence shall
appoint an
attorney
to
represen
the child
on or
before the fifth working da y after th
petition or
motion
has
been
filed.
For the
judge to
modify a disposition and assess additiona
punishment,
the court must find by a preponderanc
of
the
evidence
that
the
child violated
a
reasonable an
lawful order of the
court
.
13
Where the
court
modifies th
disposition, the
court shall specifically state in the order i
reasons for modifying the disposition and shall furnish
copy
of the order
to the
child,l4
IN
A SIGNIFICANT
RECENT
CHANGE TO
THE
STATUTE JUVENILES MAY NO
LONGER
COMMITTED
TO
TYC
ON
A
MODIFICATION
regardles
of
their past referral history, unless the underlying cas
being mod
ified is equivalent t a
felony offense.
The
legislature
eliminated the possibility that a misdemeano
disposition
can be
modified
to
include
commitmen
to
TYC.
And
finally,
the
juvenile has
the
right to appea
under
Section 56.01 (c)( 1 )(
C
and challenge the revocatio
decision
. A
finding
of a single probation
violation
supporte
by
evidence
is
sufficient to uphold
a
revocation. L
I
FC 5405.
2
FC 54.05(1).
3
FC 54.05(c).
4
See Te
.xas
Juvenile
Law, Roben
O. Dawson (6th Ed. 2004) and In th
Matter ot R.A.B., 525 S.W.2d
892
(Tex.C
iv
.App. 1975 ), stating a petition
modify dispOSItion IS not unlike a motion to revoke probation in adult cases.
5 FC
54.05(d ).
6
FC 54.05(d).
7
See In the
Maner of I.e., 556
S.W.2d 119 (Tex.Civ.App. - 'Vaco 1977
and In the Matter of M.L.S., 590 S.W.2d
626
(Tex.Civ.App. - San Anton
19
79 ).
8
In the Matter ofO .E.P., 512 S.W.2d 789 (Tex.Civ.App. 1974).
9 Texas Juvenile Law, Robert O . Dawson (6th Ed.
2004
).
0 FC
54.05(h
).
11
FC 54.05(e).
12
FC
51.101(e
).
13 FC 54.05(f) .
14 FC 54.05(i).
LS FC 54.05.
16
In re T.R.S.,
115
S.W.3d 318
(T
ex .Ap
p.
2003).
JoAnne Musick
is
a Houston attorney handling
primarily
criminal and juvenile defense matters She
is
Board Certified i
Juvenile Law by
the Texas
Board of Legal
Specialization. JoAnne
is
a
partner
with
Musick Musick LLP and
a
legal analys
for various national
news
programs
JoAnne
chairs
the HBA Criminal
Law
Procedure Section and is president lect of th
Harris
County
Criminal Lawyers
Association.
THE DEFENDE
http:///reader/full/court.13http:///reader/full/court.13http:///reader/full/court.13http:///reader/full/court.138/11/2019 2008 Fall Defender
18/24
u
d
es
A ID
.
..
Team HCCLA triumphed again at
the
Big
Brother
/
Big Sister benefit
at
Palace Lanes on Jul y
12,
2008. HCCLA
soundly beat the
numbers
posted by Team
HBA
in both games
Out of the 4-team rivalry of
HCCLA, HBA,
HYLA and the
Justice League, HCCLA bowler Jim Woodward posted
the
second-highest score in
the
first
game
with a masterful 172
Steve
Halpert
racked up
the
best score
out of the
HCCLA
and
HBA teams in the second game with an impressive 169.
The 2008 HCCLA team included Mark Bennett , Steve
Halpert, Chuck
Stanfield ,
Jim Woodward,
Tom Zakes and
head cheerleader, Wendy Miller. Generous sponsors and fans
ere Jennifer, Veronica and Eric Bennett, Staci Biggar, Troy
cKinney, Scott Markowitz and
JoAnne
Musick.
With
the
incredible support
of HCCLA
fans
and
our
Exec utive Board , our team r i sed $885.00 for BBBS Amachi Texas
Mentor
Program , which exceeded
the 2007 total of $500
.00.
It's not too
early
to start
practicing
to
join
Team HCCLA
2009
Everyone is
welcollle.
Without intervention, 700/0
of
children
of
prisoners will follow their parent into prison themselves.
One tne mentoring with children who have a parent or relative in
prison can help break the cycle of incarceration.
Help us break
the
chain. Become a Big Brother or Big Sister today, or
recommend us to the family of a child
who needs
a little guidance.
Ig rotMrs Big SIster
of
Greater
Houston
www.gobighouston.o
(713)
271-5683
http:///reader/full/www.gobighouston.orghttp:///reader/full/www.gobighouston.org8/11/2019 2008 Fall Defender
19/24
THE
FOLLOWING
HARRIS COUNTY CRIMINAL DEFENSE LAWYERS
JOIN HER CAMPAIGN STEERING COMMITTEE
JACK
B. ZIMMERMANN, GENE JONES, STANLEY SCHNEIDER,
ROBERT
SCARDINO,
CHRIS
TRITICO,
KENT SCHAFFER, DAN
COGDELL,
GEORGE McCALL SECREST, TROY McKINNEY, JAY W.
BURNETT
and
FORMER
REPUBLI CAN PRIMARY CANDIDATE
MICHELE
SATTERELLI
ONCKEN
Geraldo Acosta
Jaime Acosta
Sam
Adamo
James Ardoin
III
John Armstrong
Mack Arnold
Juan ita Barner
Karen Barney
Jennifer
Bennett
Mark
Bennett
Dean Blumrosen
Nancy
Botts
Gerald Bourque
Lott Brooks
Sean Buckley
Dick
Burr
Yolanda
Coray
David Cunningham
M. Fox Cu
rl
Neal Davis
Nicole
DeBorde
Emily Munoz
Rick DeTotO
Chris Downey
Todd Dupont
Danny Easterling
Rosa Eliades
James T Fallon III
Ami Feltovich
Robert Fickman
David Fleischer
Tyler Flood
Phyllis R. Frye
Trent
Gaither
Greg Gladden
Lana
Gordon
Tucker Graves
Heather H,
Hall
Steve Halpert
Robyn Harlin
Cynthia Henley
Mark Hochglaube
Bennie
House
Olivia Jordan
Jennifer Kahn
John Kahn
Kathryn Kelber
David Kiatta
Vivian King
Richard Kuniansky
Tommy LaFon
Jim Lavine
Robert
Loper
Blanca Lopez
Amy Martin
Melissa Martin
Farrah Martinez
Janie Maselli
Patrick
McCann
Ken McLean
Dee McWilliams
Jim Medley
Sherra Miller
Wendy Miller
Rand
Mintzer
Mark
L
Mitchell
Tyrone Moncriffe
Morris Moon
Robert
Morrow
Earl Musick
JoAnne
Musick
Tad
Nelson
Alvin
Nunnery
Sandy Oballe
Kim
Ogg
Kirk
Oncken
Nancy Oncken
George Parnham
Dale Pasc hal
Richard Patterson
Daphne Pattison
Robert Pelton
Danalynn Recer
Carmen
Roe
Mary Samaan
Kyle
Sampson
Katherine Scardino
Josh Schaffer
Gran t Scheiner
Patty Segura
Norm Silverman
Amber Skillern
Matthew Skillern
Aimee Solway
James Spradlin
Chuck
Stanfield
David
Suhler
Jim Sullivan
Sunshine Swallers
Mark Th ering
Shandon Tonry
Ted
Trigg
Amanda Webb
Russell Webb
Mandy Welch
Brian Wice
Cornel Williams
Enid Anne Williams
Q.
Tate
Williams
Sarah
V.
Wood
Mark Yanis
Terri Zimmermann
ALSO ENDORSED BY:
HARRlS COUNTY AFL-CIO,
GLBT
CAUCUS, HARRlS COUNTY DEPUTIES' ORGANIZATION, HARRIS
COUNTY
WOMEN'S
POLITICAL
CAUCUS
AND THE
ASSOCIATION
OF WOMEN ATTORNEYS
(The only
Democrat
for a crim inal district co urt
bench
endorsed by AWA)
Pol. Adv. paid for by
the
Shawn a
L
Reagin for
Judge Campaign,
in
com
pli ance with
the
Judicial
Campaign
Fairness Act.
Mark Bennett, Treasurer, 735 Oxford Street, Houston, Texas 77007
8/11/2019 2008 Fall Defender
20/24
THEDEFENDER] F LL
8
~ r c e
NOTES
By Jeremy Sierra
ConsUl
G
Carlos eneral
Onz;i/ez A
A
exico
Danai nn recounts all of GRACE 's
accon7plishments for the past year
n
June 26 2008
the
Gulf
Regional Advocacy Center [GRACE] held its
annual fundraiser benefit dinner at Trinity Episcopal Church.
The
evening's
special
guest
was
Mexico's
Consul
General,
Carlos 1
Gonzalez
Magall6n, who
presented Danalynn
Recer and
GRACE with
an award commending
them
for
their work through the Mexican Capital Legal Assistance
Program. Danalynn and GRACE were
fresh
off their victory
in
the
Juan
Quintero
case, where
they succeeded against
all
odds
in securing a life sentence for Mr. Quintero, whose
wife was also
present
at the event.
The
award
is
a
plaque that
reads:
TEPANTLATOANI
-
In
honor
of
the
6th
anniversary
of
the
Gulf Region
Advocacy Center the Consulate General of Mexico expresses
DEFENDER
18
V agalJo
n
Recer leads
the
crowd in
Danalynn GRACE staff members
thankIng
its
sincerest
gratitude to Danalynn Recer and the entire staf
of GRACE for
their
tireless efforts in protecting the lives
of
Mexican
nationals. Tepantlatoani
means
la'A'Yer in
Nawatl, an indigenous language of
Mexico.
GRACE also wishes to
announce
that it is
becoming
licensed as fact investigators, due to Harris County's
singular interpretation of a statute making this a necessary
step for
GRACE
to continue providing its services as
mitigation specialists. [No other county in the state
has implemented such a
requirement,
and even in
Harris County it is not being applied to all mitigation
specialists.] GRACE expects the license to be issued by
the end of
September.
8/11/2019 2008 Fall Defender
21/24
Welcome
NEW embers
Yong J.
An
Alan J Baer
Sh
eila
Burn
e tt
R. Carpenter
Wilvin J Carter
Clint
Da v
idson
Paul
Doyle
Za chary B. Fertitta
Ramona
Fr
a
nklin
Williams
Te
rrence
Gais e r
Marissa
Garcia
J.J. Gradoni
Willard J HaJl J
r
R .K Hansen
Ronald
B.
Helson
Jacob
Henderson
George Jacobs
Jo aquin
Jimenez
Jules
Johnson
Hope
Knight
Rand y
Martin
Carl
Moore
Sarah Mueller
Richard K Oliver
J
Reid
Perry
II
Frank
M .
Pisano
Lenn
o n Prince
Silvia V Pubchara
Javier M . Ramos
Gary
A .
Roth
Kimberly J. Sam man
Matth ew D . Sharp
Ed w
a
rd
P. Sillas
Matthew A. Skillern
Monique C Sparks
Gregor y Tsioros
Jane
Scott
Vara
Kurt
B.
Wentz
Michael
F.
Westbrook II
Bob Wicoff
ENSO
1
ENSORED
ENSO
NSOR
aI_ _
REASONABLE DOUBT
TODD
DUPONT
8/11/2019 2008 Fall Defender
22/24
THEDEFENDER] FAll
8
Notes
O Interest
advertising rates
Ull
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P GE [NON COVER] 700.00 per
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DEFENDER : 20
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23/24
IN BECOMING MEMBER?
HCCl
-
Promotes
productive exchange of ideas
and
encourages
etter communication with prosecutors
and
the judiciary.
-
Provides
continuing
legal education programs for
improving
advocacy
skills
and
knowledge.
-
Promotes
ust
application
of
the court-appointed lawyer
system for indigent persons
charged
with criminal offenses.
-
Files amicus curiae
briefs in support of freedom
and
human rights.
APPLICATION
Applicant :
Mailingaddress:
Telephone:
Fax:
Email:
Website:
FirmName:
Dateadmitted t bar:
Lawschool:
Professionalorganizations
in
whichyou are amember in goodstandin
Typeof membership :
o Student ($25annual fee)
Expectedgraduationdate: _
o Newlylicensed (firstyear) attorney ( 75)
o
Regularmembership($150)
Date:
Signatureof applicant:
Endorsement:
I,amemberingood standing
of
HCCLA,believethis app ic
tobe a personof protcssional competency, integrity and go
moralcharacter.The applicantis activelyengaged
in
thedefen
of criminalcases.
Date:
Signatureof member:
Membername:
MAIL THIS
APPLICATION
TO:
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P.O.Box
924523,
HOllston,Texas 77292-4523
713 .227.2404
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