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I
FALL 2008
HARRIS COUNTY CRIMINAL LAWYERS' ASSOCIATION
LookatwhatIhavedonetoseeifyou'd likewhatIwilldo
Began the178
th
CriminalDistrictCourt'sparticipationinCTI(ChangeThrough
Intervention)programthatcombinesclosercourtmonitoring,lowerprobationerto
officerratio, and progressivesanctionstoobtainbehaviormodificationfor
offenders;
Required compliancewiththeFairDefenseManagementAct(FDMA);
ExpandedtheGrandJuryselectionprocessastoethnicorigin and gender;
Providedgreateruseofmental healthresources;
Improvedcommunitysupervisionofficercommunicationwith CourtLiaison
Officer; and
Installedacomputerforaccessbymembersofthedefensebartohaveequal
accesstoHarrisCountyJIMSrecordsinthecourtroom.
On November4thVote
forJudgeRogerBridgwater
178
th
Criminal DistrictCourt
www.judgerogerb.com
AJudgewhowas inthetrenchesandwhoknows howyoufeel............ ..
Paid byJudgeRogerBridgwaterJudicialCampaign7941 KatyFwy,#140, Houston,TX, 77024
In voluntarycompliancewithJudicialCampaign FairnessAct
2 ................ . From the President
By Mark Bennett
3 .................Winning Warriors
5 ................ . From the Editor
By Shawna L. Reagin
7 ................ . Motions for New Trial
By Patrick F. McCann
1 0 ................ . Motion of the Moment
By Shawna L. Reagin
12.................Alternatives to Jai I
By Hon. Roger Bridgwater
14.................
Modification of Disposition or VOP
By JoAnne Musick
16.................The Dudes Abide
By Wendy Miller
1 .................Grace Notes
By Jeremy Sierra
19 ................ .
Welcome New Members
HCClA 2008-2009
PRESIDENT
Mark Bennett
PRESIDENT ELECT
JoAnne Musick
VICE PRESIDENT
Ni col eDeBorde
SECRETARY
T. BTodd Dupont II
TREASURER
Steven H.Halpert
PAST PRESIDENT
Patrick f. McConn
BOARD OF DIRECTORS
Staci Biggar
David Cunningham
Tyler fl ood
Tucker Groves
Mark Hochgloube
David Jones
Rondoll Kall inen
DavidKiotto
Marjorie Meyers
David Mitcham
Roland Moore III
Earl D.Musi ck
John Porras
Charles StanFi eld
oTat eWilliams
Sarah v. Wood
PAST PRESIDENTS
1971 2007
C. Anthony fri loux
Stuart Kinard
George Luquette
Morvin D. Teague
Dick OeGuerin
W.B.House, Jr.
DavidR. Bires
Woody Densen
Wi ll Gray
Edward A.Mollett
Carolyn Garcia
Jock B.Zimmermann
ClydeWill iams
Rober tPelton
Candelario flizondo
Allen C. Isbell
David Mitchorn
Jirn [ Lavine
Rick Bross
Mary[ Conn
Kent A.SchoPPer
Don Cogdell
Jim Skelton
GeorgeJ. Pornharn
Garland D. Mcinnis
Robert A.Moen
lloyd Dliver
Donny East erling
Wayne Hill
Richard fronkoPP
W. Troy McKinney
Cynthia Henley
Stanley G.Schneider
Wendell A. Odorn, Jr.
Robert J. fickman
Publisher: HCClA Distribution 550 copies per issue_
Editorial Staff: Shawna L.Reagin
For articlesand othereditorial
Ads &Distribution: JoAnne Musick &Christina Appelt
contributions,contactShawnaLReagin
DeSign &layout: Limb Design
www.limbdesign.com
at 713-224-1641- To placean ad,call
Illustrator: Guillermo Cubillos
Shawna LReagin at 713-224-1641
PRESIDENT
MyFriends,I'm writing this in the heatofa Houston summer, butby the time
you read it the kids will be back in school and temperatures will have started to
conle down. Vie might even have turned offthe 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 ofwriting this message with 3
one-month lead time.) Ifyou're a fan ofculture orsports, Houston's got it - pro,
semi-pro, and amateur. Sure, the region is a little bitshortonnatural splendor,and
yes, ifyoll like mountains YOll've gotalonghaul. And the weather...well , there may
beplaces in the UnitedStates bettersuited tohuman habitation than HOllston.Not
to mention that, from the pointofview oflawyers who stand up for people, Texas's partisan system of
electingjudges is a scabrous blight on Justice.
Notwithstanding all ofthat, 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 ofliving ofany of
America's 20 largest metropolitan areas, and an aggressive and competent (and I don'tcare what Kelly
Siegler nowsays about that) prosecutor'soffice thatsharpens us as steel sharpenssteel.
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.
Forexample:
Except in very narrow circumst,lnces , all defendants are entitled to reasonable bail (and their
lawyers can, even in those constitutionallydefined circumstances, make it difficult to deny bail).
Defendantscan have jurytrials 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 barshould be as obvious as the benefit to the accused.
Defendants can't be prosecuted for felonies except on the presentation ofa grand jury indictment.
As a result, we getan opportunitytohead offfllrtherlitigation ifwe thinkwecan persuade thegrand
jury that prosecution is inappropriate.
Texas Codeof Criminal ProcedureArticle 38.23,thestatutOryexclusionaryrule ,givesjuriesauthority
todeterminesuppression fact jssues.
Texas Code ofCriminal Procedure Article 38.22 presents statutory obstacles to the admission of
statements made by an accused in response tocustodial interrogation.
Punishment ranges as wide as probation-to-life and jury punishment allow us to bringouradvocacy
skills more to bear to try to achieve some measure ofjustice instead ofrelying upon bureaucrats to
sentenceby the numbers.
An accusedhasarighttoalawyernomattertheoffense;an indigentaccused hastherighttoappointed
counsel, nomattertheoffense.
Texas Code of Criminal Procedure Article 38.14 provides that nobody can be convicted on the
uncorroborated word ofan accomplice, and Texas CodeofCriminal Procedure Article 38.141
thatnobodycan beconvictedon tJle uncorroboratedwordof apoliceinformant.
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 ofthese factors - as well, probably, as some that I haven't thought
of - contribute tomakeTexas an interesting, profitable, and lively place to be acriminal defense trial lawyer.
A friend ofmine who practices in Manhattan claims that NewYork criminaldefense lawyers whotry lots of
cases try one every three years orso. I don't know how many trials is "a lot" for Houston criminal defense
lawyers, but I know thatthe halfdozen orsothat 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
freedommightkeep the trainsfrom runningon time. Theyfear thatifwe are free toplyourtrade,and ifour
clients receiveduecourse oflaw,societywill bemore chaoticand less safe .Theyare entirelycorrect: jf wedo
Ollr jobsproperly,societywill beless ordered. Freedom is neither tidy norsafe.
What we do is mueh larger than merely trying to keep peopleoutofjail. We have one ofthe few jobs
thatthefounders of ourcountry- whose primaryconcernwas preventingthe resurgence oftyranny- thought
importantenough tomemorialize in theC"(mstitution. \Ve have asacred duty notonly toourclients butalso to
the liberties that made America free. HCCLAstands with you, its members, on tJle front line ofthe struggle to
makeadecentliving, todefend yourclients,and topreserveliberty for ourchildren and tJleir children.
Yourboardof directors meetson thesecondThursdayof everymonthat 11:30a.m. on the7thfloor of
the Criminal "Justice"Center. This is yourorganization,and you are alwa)'s welcome at its board meetings.
-----------------------____MarkBennett

THEDEFENDER]FALL 08
+
DANNY EASTERLING beat the State on 3 out of4 theft indictments
after a grueling 1 O-day trial in the 337th District Court, where
his client was charged with computer repair fraud over a 2-year
period. One case was dismissed and the jury acquitted on two
others, but convicted on the remaining 1st degree theft. The
prosecution urged the jury to start at 25 years in considering
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 a
70-year sentence from the 262nd District Court and remand for
a new punishment hearing in Lair v. State, 2008 WL 2611879
(Tex.App. -- Houston [1st Dist.]' No. 01-07-00414-CR,
delivered July 3, 2008), PDR filed 8/15/08. Justice Terry
Jennings once again chastised the majority in a 27-page dissent
to its decision to reject an insufficient links argument. BRIAN
plans to appeal that issue and the failure to find harm in the
prosecutor's fmal argument that was a direct comment on the
accused's failure to testif)l.
+
This same prosecutor's improper argument caused a CCA
reversal the day before in York v. State, 2008 WL 2677368
(Tex.Crim.App. 2008) [unpublished], on a brief authored by
TROY MCKINNEY. Maybe some of tllis recidivist misbehavior
would be curtailed if the courts would publish the reversals
and name the offending prosecutors - Thomas Pheiffer, in
wese cases.
+
The jury took only an hour to find ALEXANDER GUREVICH'S
17-year-old client Not Guilty of aggravated sexual assault of a
child in the 176th District Court. The 4-year-old complainant
claimed anal penetration in a delayed outcry. Dr. Carmen
Petzold testified for the defense and greatly helped to neutralize
me testimony of the State's experts.
+
In a one-week personal record, ROLAND MOORE had three cases
dismissed in tllree difkrent courts on Monday - a murder and
two robberies, a felony MRP dismissed on Wednesday and then
tllree felony dope cases dismissed against one c\jent on Friday.
THE DEFENDER * 3
+
LEE GUERRERO ofGUERRERO &BIGGAR 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 arri s 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 - KATHERINE SHIPMAN 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 LAW FIRM just keeps on doing it:
EARL MUSICK and KYlE VANCE won a trial day dismissal on an
assault case in CCCL#7after announcing ready; EARLannihilated
the technical supervisor in Guadalupe County, resulting in a
non-DWI offer; and JOANNE MUSICKsecured separate dismissals
in a drug case and an assault, after announcing ready for tri al.
+
AMANDA 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 of felony tampering with
evidence. Multi-talented JIM also reversed an aggravated
kidnapping conviction out of the 179th District Co urt in
Hudnall 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 the State
was permitted to call before the jury a previously convicted
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 ri ght
not to testif)l. This is an important issue that raises a question
over the Court's decision not to publi sh the opinion.
+
Another grateful client can thank TOM STICKLER for being
found Not Guilty of burglar y of a building, enhanced , in
the 212th District Court of Galveston County.
+
Thirteen minutes was all it took for the 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'Scross-examination of the complainant,
but the prosecution rolled the dice, anyway.
+
CASIE GOTRO and HEATHER MORROW too k another trophy in
Washington County by garnering a Not Guilty ofaggravated
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 possession of a
firearm, except it had failed to recover the alleged 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-kickback 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 government witnesses who testifi ed
about her client's bank records . This victory was even
sweet er 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 violations engaged in
by the AUSA - justice , in the guise of VIVIAN KING on thi s
occasion, prevailed!
CONGRATULATIONS TO ALL THESE WINNING WARRIORS
future

warrIors
AMBER and MATTHEW SKillERN produced an absolutely
gorgeous baby girl on July 17,2008, when GWENDOLYN MARIE
weighed in at 6 lbs., 10 oz., measuring 20.5 inches long.
Welcometotheworld!
THE DEFENDER * 4

TOR
Fro
E
By 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 to 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 comes to 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 to 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 to 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 from
an unrepresented, mentally fragile man. The other judge,
whose identity remains undisclosed due to an agreement
with the then-president of thi s organization, quickly
proved herself to be a recidivist offender once the original
complaint was summarily dismissed, notwithstanding her
tearful promises .
What we have learned through the tIling of these
complaints is that the extent of an SCJC "investigation"
appears to be perhaps obtaining some sort of denial from
the accused judge, then dismissing the complaint without
comment. Interestingly, although the judge is provided
copies of all documents in the complaint against him or
her, the complainant is never allowed to see any part of
the response. This is akin to sending the prosecution out
of the courtroom while the defense presents its case, then
expecting it to come in and effectively argue for a conviction.
Although this might still result in numerous Harris County
convictions, the fact remains that this procedure is grossly
unfair to the citizens who have suffered at the hands of
judges who don't know the law, refuse to follow the law and
distort the law to accomplish their own unconstitutional
ends. Citizens should have tbe right to rebut claims or
affidavits that are demonstrably false.
///////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////
CitizensSHOULD HAVE THE RIGHT TO REBUT CLAIMS
THE DEFENDER 0(( 5
How DOES THIS PROMOTE PUBLIC CONFIDENCE IN THE JUDICIARY?
///////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////
AIl 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 is tbe actual impeachment 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 doubt 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. It 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. If 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 purel y personal , and in no way reflects the viewpoJnr
or position ofrhe Harri s County Criminal Lawyers' Association.
THE DEFENDER 1:< 6
THEDEFENDER]FALL 08
Motions
FOR NEW TRIAL:
The authoris a past President ofthe Harris
County Criminal Lawyers Association,
an adjunct professor at Texas Sout hern
University, and practices locall y here in
Houston and Fort Bend county,
CHANCE AT SENTENCING
By PatrickF. McCann
1\(I.' l'1l1 L'h.lIlg;(s 10 Tn.1S 1\1Ik ofApp(l\.ltl' I'nKl'dur( 21, L\'(I'\'llll( of LIS h.1s SOl11( horror slol'\' of hoI\' .1 (Ii(lll
"Ili(hcmlTS :-"\oliolls tilr Tri.11, h.1\,( lll.1dL' il possihle tilr rl'(L'i\ 'nl, till' .1 millor d1.1t'!!.(, ,\,11.11 s(nllL'lf .1
Ihl' tri.11 (Ollrt III g.r.lIll rdirt'Oil S(IlI(lleill!!. iSSlI(S 0111\-. This is disI1t'oportiOIl.11l: 1(1'111 ofilllprisoll1l1l'llt, \'k Il(l'd 10 h(!!.ill 10
.1 Si!!.l1itil'.1I11 (il.lIlg.(, .1l1d lll1( "hid1 111.1\' lWlldil \'our dil'1l1. look .11 !tuk 21 1I'.1Y 10 tilrcL' rC-C\.lI11ill.lIillll lIt' th.lI,
1.1111 !!.oill!!. 10SlIg.g,l'sl ourh.1r h(!!.ill 10look.lI Ihiseh.1I1!!.( "h(thct' ti'Ol11 .1 PSI, .1 jut'1' SClltCIlCl', or C\ 'L'Il, ill SOI11l' 1.'.lSI.''>
.ls.1 "'.1\' 10 rl' L' \.lllliIlC or(orrcLI .111 ulljust SL'lltl'IlL' l', "hnl'I hL' illl'Cstig..1IiOIl dOIl( ,, '.lS slHldl.h', Oil .1 plu,
THE DEFENDER -(( 1
\\'c ll , fir'>t, \\hcthl'l' onc i'> ,Ippointcd ()n ,If)peli, or
" c()ntinulng t() rcprocnt ,I (Iicnt ,Iftcr tri,11 ()r
'>c lltcn(ing, onc nccds to I:\\TSTIl; ,\TF, ,\sk I'm
,Ind file ,I Ill()ti()n illllllcdi,ltch' ,Iftcr '>cntcn(ing ti))'
,111 il1\'otig,ltor if it ,Ippell's th,lt thc ,>clltcn(e nccds ,I
'>cc()nd I()ok, If \'()u d()n ' t gct ()nc , ohjcct , then find
,11.1\\ studcnt or cnlist ,I \\illing Llinih' Illcillher ()f thc
(Iicnt \\ho ( ,In gct ,I((OS to f.lInih- IllcdicII, s(hool ,
,Ind ()thl'l' rc(ords th,lt n1.I\' help \'OU , Ohtain ;1 (Op\'
()f thL' PSI if one \\ ',IS donc frol11 the pri()r ,ltt())'nL'\',
f()rlll \'()ur dicnt , ())' pctition thc Coun t() h;1\ 'c it
nl.ldc ,1\ ,Ii 1.1 hie if it \\';IS n()t fikd in thc post tri,Ii tile
())' thL' nl.lin file ,It the District ( ' krk 's ()ffi(e, Thcsc
.lrL' .Ii\\,I\"> ,I g()od '>Llning p()int.
You)' L' liclll, likc 111,111\ ' of thc souls \\110 \\,lIldl'l' hcti)'c
thc hcnL' II , in 1ll.1I1\' L',ISO \\ill h,1\'c ,I di,lgn()s,lhk IllClll ,11
illnc,>,>, 1 In ,I rCL' cnt (,ISC \\C \\ 'erc ,Ihk t() ohtain tcsting
Ii))' rCLlI'd,lli()n, \\hi(h, ,lltllOugh Ul1suL'(essful , did in LI((
c,>uhlish ,I \cJ'\' I()\\ 10t()r ,I (liL'lll tl1,ll \\,l'> put hcli)rc thc
c'()urt I, I',-"l inl.llcs LlIlgC hct\\'cc n ten ,Ind t\\cnt\' pcr(cnt
()f thc fi)II,,> \\h() (()I11C hcti)'c thc (J'illlin,11 justice sYstelll
11 ,1\c ,>()nlC dis()rder, ,Ind Ii.lITi,> ( ' ()lInt\ ' 1,lil st.ltisti(s hel),
tlli'> Ilut, ()nL' (,111 ()ht.lin j,liI rL'(()rd,>, in(luding l11L'lli L'.I I
rccorel'>, \\ith rL' k ,I'>CS fr()1ll \'our (Iicnt, ()r \'i,1 SUhp()L'll.l
if \(HI ,lrL' gctting ,) hClring, T,llk t() \'()ur client ,1I1d ,I,k
thcln If tlIC\' h,l\'c hccn LIking ,U1\' IllcdiL'.lti()ns ()r hccn
Ilmpiulilcd, Y()U III ,1\ ' \\ 'cll hc suq))'isL'li that \'()ur c1icnt
tcl" \'Oll thn' .I rl' t,lking I ,ithiulll ,1Ild this nc\'L'I' ;If)pc,lrs
,ul\\\IILTl' on thc rcc()rd n()r d()cs thc prn'i()us ,ltt()rtll'\' kn()\\
tll,ll thi, \\,l'> thl' C,l'>C hCC.lll'>C n() (1IlL' nL'l' I11Cllti()llL'li it. ThL'
LlInil\ ,>h() uld ,Ib() hc (()n'>ltitL'li, ,1Ild thn \\ill ()licn P)'()\C .1
I"Icll '>Ollr(L' of infi, rtn.ltiOII ,lh()lIt orl,'..lnl( hr.lin injlln', P,lst
,lhlN', drul,'. prohlellls, or 1e,ll"Ilinl,'. dis,lhilit ic' s, ()nc ,llso 1lL'L'lt...
til h,IH' ,I Ill()ti()n ()Il file t() ohuin ,1Il opcn if this sh()uld
pr( )H' nc(css;u'\'.
THE 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 trying 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,
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otlon
OF THE Moment
By Shawna L. Reagin
CAUSE NO. ___
STATE OF TEXAS IN THE DISTRICT COURT
VS. HARRIS COUNTY, TEXAS
EMMABOVARY 178
TH
JUDICIAL DISTRICT
MOTION IN LIMINE
Prohibit Prosecutor From Advising Venire The State Has Equal Right To A"Fair Trial"
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW EMMA BOVARY, 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 ofthe 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 Defendant
THE DEFENDER "* lD
CERTIFICATE OF SERVICE
I hereby certif)' thata true andcorrectcopyofthe foregoing Motion was hand-delivered to an Assistant DistrictAttorney
assigned tothiscase onthis the 19
th
day of August,2008.
Shawna L. Reagin
STATE OF TEXAS IN THEDISTRICT COURT
VS. HARRISCOUNTY,TEXAS
EMMA BOVARY 178
TH
JUDICIALDISTRICT
ORDER
Onthis the dayof_______,2008,cameontobe heard Defendant's Motion in Limine toProhibitthe
Prosecutorfrom Advising theState Hasan Equal Right to a"FairTrial," and havingdulyconsidered same, this Courtis ofthe
opinionsaid Motionshould be:
__Granted I__Denied
Signedandentered this __day of ______,2008.
JudgePresiding
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THE DEFENDER *11
By Hon. Roger Bridgwater
THEDEFENDER] FALL 08
ALTERNATIVES

One Judge's Perspective


The Honorable Roger Bridgwater
is Judge of the 178
th
District
Court .
Along with this Borgman cartoon, appearIng 111 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 to 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 to the Drug
Certainly "locking them up IS 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 .
THE DEFENDER * 12
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 with
sentence to state jailor Texas Department of Corrections
Institutional Division.
While there are no hard statistics at this time to show
the direct impact of progressive sanctions to the reduction of
revocations of probation, in 2007 there was a 14% decrease
for all of HCCSCD.
There are several other alternative programs, but they
are all limited by funding and, as the legislature allots more
funds towards these programs, it is the belief that mOre
Sllccess can be seen in this area. The cost of alternative
programs is much less than the cost to incarcerate .
Realize that I do not speak for any court other than the
178th District Court; other judges are as much or more
interested and knowledgeable in alternatives then I am.
Be creative, be aware of the community supervision options
available to the court, learn the court's philosophy, your
client's needs and bring options to the Judge other than
revoca tion.
Lives are being changed and that goal must remain
among the top priorities for attorneys representing offenders,
just as it is for the court considering case dispositions.
DRUG
COURT
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 to the 4 regional offices throughout
the county. There is even a CTI Mental Health caseload were
supervision is 1 :25 officer to 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 DEFENDER *13
Modificationof Disposition
orViolationof Probation(VOP)
Part 2 I By JoAnne Musick
Any disposition, except a commitment to TYC, may be
modified by the juveni Ie court until the child reaches his
18th birthday or the child is earlier discharged by the court
or operation of ~ a w 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
THE DEFENDER * 14
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
When the State seeks to modi!,)' because ofan alleged
violation ofprobation, it is clear the juvenile is entitled to
notice ofthe 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 ofprobation the child is aJleged to
have violated and the mannerand 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 ofthe 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.
Thecodestates onlythatreasonable noticeshall be given,
but it does notspecify what is reasonable.
6
This has resulted
in a split among the courts, ranging from 8 days notice to at
least 10days notice ? Untilthis conflict is resolved, the proper
remedy is to file a motion for continuance where counsel
believes he has not been given adequate notice ofthe issues
and time to prepare a defense. Ifthe 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 ofthe notice requirement,
properobjections 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 thatthe petition can be amended ifthat
can be done without substantial prejudice to the juvenile
respondent.
9
Interestingly, in modifications otherthan 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 toaviolation ofprobation is a two-step
process: first, thecourtmust determine whetherornotthe
child violated a conditionofprobation;second, ifthecourt
found the violation to be true, the court must determine
whattodoabouttheviolation. ThecourtwiJl bepermitted
to review social history reports from probation officers,
professional courtemployees,or professional consultants in
addition to the testimony ofother witnesses to determine
the appropriate modi fication.II
Further, where the modification seeks confinement,
the juvenile is entitled to an attorney.12 A court making a
finding ofindigence shall appoint an attorney to represent
the child on or before the fifth working day after the
petition or motion has been filed.
Forthejudgetomodifyadispositionandassessadditional
punishment, the court must find by a preponderance
of the evidence that the child violated a reasonable and
lawful order ofthe court .
13
Where the court modifies the
disposition, the court shall specifically state in the order its
reasons for modifying the disposition and shall furnish a
copy ofthe order to the child,l4
IN A SIGNIFICANT RECENT CHANGE TO
THE STATUTE, JUVENILES MAY NO LONGER BE
COMMITTED TO TYC ON A MODIFICATION, regardless
of their past referral history, unless the underlying case
being modifi ed is equivalent to a felony offense.IS
Thelegislatureeliminatedthepossibilitythatamisdemeanor
disposition can be modified to include commitment
to TYC.
And finally, the juvenile has the right to appeal
underSection 56.01(c)(1)(C) and challenge the revocation
decision . Afindingof asingleprobationviolationsupported
by evidence is sufficient to uphold a revocation.L6
I FC5405.
2 FC54.05(1).
3 FC54.05(c).
4 See Te.xas Juvenile Law, Roben O. Dawson (6th Ed. 2004) and In the
MatterotR.A.B., 525 S.W.2d 892 (Tex.Civ.App. 1975), statingapetition to
modify dispOSItion IS notunlike amotion to revoke probation in adultcases.
5 FC54.05(d).
6 FC 54.05(d).
7 See In the Maner ofI. e., 556 S.W.2d 119 (Tex.Civ.App.- 'Vaco 1977)
and In the Matter ofM.L.S., 590 S.W.2d 626 (Tex.Civ.App. - San Antonio
1979).
8 In the MatterofO.E.P., 512S.W.2d 789 (Tex. Civ.App. 1974).
9 Texas Juvenile Law,RobertO.Dawson (6th Ed. 2004).
)0 FC54.05(h).
11 FC 54.05(e).
12 FC 51.101(e).
13 FC54.05(f) .
14 FC 54.05(i).
LS FC 54.05.
16 In re T.R.S., 115S.W.3d 318 (Tex.App. 2003).
JoAnne Musick is a Houston attorney handling primarily criminal and juvenile defense matters. She is Board Certified in
Juvenile Law by the Texas Board of Legal Specialization. JoAnne is a partner with Musick & Musick LLP and a legal analyst
for various national news programs. JoAnne chairs the HBA Criminal Law & Procedure Section and is president- lect of the
Harris County Criminal Lawyers Association.
THE DEFENDER * 15




t ~
uti
d
es
. A BID

. ..-.- ..
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 rai 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.
Withoutintervention, 700/0 ofchildrenof
prisonerswillfollowtheirparentintoprisonthemselves.
One-t<H>ne mentoringwithchildrenwhohaveaparentorrelativein
prisoncanhelpbreakthecycleofincarceration.
Helpusbreakthechain. BecomeaBig Brotheror BigSistertoday, or
recommendustothefamilyofachildwhoneedsalittleguidance.
BIg 8rotMrsBigSIsters
of Greater Houston
www.gobighouston.org
(713) 271-5683
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 REPUBLICAN 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 Curl
Neal Davis
Ni cole 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
RobertPelton
Danalynn Recer
Carmen Roe
Mary Samaan
Kyle Sampson
Katherine Scardino
Josh Schaffer
Grant Scheiner
Patty Segura
Norm Silverman
AmberSkillern
MatthewSkillern
Aimee Solway
James Spradlin
Chuck Stanfield
David Suhler
Jim Sullivan
Sunshine Swallers
Mark Thering
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 COUNTYAFL-CIO, GLBT CAUCUS, HARRlS COUNTY DEPUTIES' ORGANIZATION, HARRIS
COUNTYWOMEN'S POLITICALCAUCUS AND THEASSOCIATION OFWOMEN ATTORNEYS
(The only Democrat for a criminal district court bench endorsed by AWA)
Pol. Adv. paid for by the Shawna L. Reagin for Judge Campaign, in compli ance with the Judicial Campaign Fairness Act.
Mark Bennett,Treasurer, 735 Oxford Street, Houston,Texas 77007
THEDEFENDER] FALL 08
~ r c e
NOTES
By Jeremy Sierra
'
ConsUl G
Carlos General ofM
Onz;i/ez AA 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
THE DEFENDER * 18
'V1agalJo
n
Recer leads the crowd in
Danalynn GRACE staff members
thankIng
its sincerest gratitude to Danalynn Recer and the entire staff
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.
-
Welcome
NEW Members
Yong J. An
Al an J. Baer
Sheila Burnett
Jacquelyn R. Carpenter
Wilvin J. Carter
Clint Davidson
Paul Doyle
Zachary B. Fertitta
Ramona
Franklin -Williams
Terrence Gais er
Marissa Garcia
J.J. Gradoni
Willard J. HaJl J r.
R.K. Hansen
Ronald B. Helson
Jacob Henderson
George Jacobs
Joaquin Jimenez
J ules Johnson
Hope Knight
-
Rand y Martin
Carl Moore
Sarah Mueller
Richard K. Oliver
J. Reid Perry II
Frank M . Pisano
Lenno n Prince
Silvia V. Pubchara
Javier M . Ramos
Gary A. Roth
Kimberly J. Samman
Matthew D . Sharp
Edward P. Sillas
Matthew A. Skillern
Monique C. Sparks
Gregor y Tsioros
Jane Scott Vara
Kurt B. Wentz
Michael F.
Westbrook II
Bob Wicoff
CENSORED
.....--.1 CENSORED ...--
CENSORED
CENSORED,aI_ _
REASONABLE DOUBT
TODD DUPONT
THEDEFENDER] FAll 08
Notes
OF Interest
advertising rates:
FUll INSIDE PAGE [NON-COVER] - $700.00 per issue I $2,520.00 per year
INSIDE FRONT COVER - $800.00 per issue I $2,880.00 per year
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213 PAGE - $600.00 per issue I $2,160.00 per year
1/2 PAGE - $500.00 per issue I $1,800.00 per year
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1/4 PAGE - $250.00 per issue I $900.00 per year
BUSINESS CARD SIZE - $125.00 per issue I $450.00 per year
THE DEFENDER *: 20
IN BECOMING AMEMBER?
HCClA
-+ Promotesaproductive exchange ofideasand encourages
bettercommunication with prosecutorsand thejudiciary.
-+ Providescontinuinglegal education programs for improving
advocacy skills and knowledge.
-+ Promotes ajustapplicationofthe court-appointed lawyer
system for indigentpersons charged with criminal offenses.
-+ Files amicuscuriae briefsinsupportoffreedom and
human rights.
APPLICATION
Applicant:
Mailingaddress:
Telephone:
Fax:
Email:
Website:
Firm Name:
Date admitted tobar:
Law school:
Professional organizationsin which you are amemberin good standing:
Typeofmembership:
o Student($25 annual fee)
Expected graduation date: ____
o Newly licensed (first year) attorney($75)
o Regular membership ($150)
Date:
Signatureofapplicant:
Endorsement:
I,amemberin goodstandingofHCCLA, believe this appLicant
to be a person ofprotcssional competency, integrity and good
moralcharacter.Theapplicantis actively engaged in thedefense
ofcriminal cases.
Date:
Signatureofmember:
Member name:
MAILTHIS APPLICATION TO:
HeCLA
P.O.Box 924523,HOllston,Texas 77292-4523
713.227.2404
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HCI!...I::; rClr1 T::-:
PRESORTED STANDARD
U.S. POSTAGE PAID
HOUSTON, TEXAS
PERMIT NO. 11500
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770
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PKWY E STE 325

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