Features

Robert Kelly Pace
Saturday, December 15th, 2018
Robert “Kelly” Pace was born in 1949 in New Orleans, Louisiana, to William and June Pace. His father was an admiral in the Navy, and they lived in numerous places around the country until they settled in Virginia Beach. He fell in love with the water and aspired to follow in his father’s footsteps.
Reflections on a Memorial Service for Robert Kelly Pace
Saturday, December 15th, 2018

n November 11, 2018, I went to a memorial service for Robert Kelly Pace, an outstanding lawyer who loved and supported the Te

Footsteps in Our Souls
Saturday, December 15th, 2018

 cannot adequately express how saddened I was when I learned that Kelly Pace had passed away. He was a truly good man. As I sit here, I am somewhat bothered that I cannot remember the first time that I met him.

Michael Morton & Attorney-Client Privilege
Saturday, December 15th, 2018

On September 24, 2018, the Attorney General of Texas issued an opinion, Tex. Op. Att’y Gen. KP-0213 (Sept.

Shout Outs
Saturday, December 15th, 2018

Kudos to Gerry Goldstein and Cynthia Orr, two of our storied ex-presidents, for their big NGs in a recent federal jury trial on charges of bribery and conspiracy to commit money laundering. D faced up to 25 years on the two charges, stemming from his involvement with former state senator Carlos Uresti and a West Texas county official—both convicted in the case.

Saturday, December 15th, 2018

I thought that I had some understanding of restitution issues in federal criminal cases until I was appointed to represent Doyle Randall Paroline on the restitution issue in a possession of child pornography case. For more than five years, I lived with the issue until the Supreme Court resolved it in Paroline’s favor. Paroline v. United States, 134 S.Ct. 1710 (2014). Stanley Schneider was with me for almost all of those five years, and Casie Gotro joined us later on.

Saturday, December 15th, 2018

There have been several calls to the hotline from lawyers faced with a dilemma when they find themselves with evidence or knowledge of evidence in a criminal case. For instance, a client may bring in a bloody knife and tell you they just stabbed someone. A client could bring in a gun and tell you they just shot someone in a robbery. A client may tell you their cell phone contains pornography or other bad information. What do you do?

Saturday, December 15th, 2018

From Thanksgiving through Christmas until the first of the New Year is always a time when things seem to slow down around the courthouse. Generally, everyone—judges, prosecutors, even jurors—seems to be affected by the spirit of the season. It’s hard this time of year not to get a bit sentimental and reflect on the past year—the wins, the losses and everything in between—and how we can make the coming year even better professionally and personally.

Saturday, December 15th, 2018

“In ordinary life, we hardly realize that we receive a great deal more than we give, and that it is only with gratitude that life becomes rich.”

—Dietrich Bonhoeffer

Saturday, December 15th, 2018

It is hard to believe that 2018 is coming to an end. We are just a little over a year from turning the page to 2020. It seems like only yesterday we were ringing in the new millennium. Doomsday prophets were foreshadowing all sorts of gloom and doom. I was spending that particular New Year’s Eve in Laredo and attending various festivities across the border with old childhood friends. Unlike previous New Year’s Eves, the streets of Nuevo Laredo were almost eerily quiet.

December 2018 Complete Issue - PDF Download
Saturday, December 15th, 2018
Features
21 | Michael Morton & Attorney-Client Privilege: Attorney General Opinion KP-0213 - By Janet Burnett
25 | Footsteps in Our Soul - By David E. Moore
27 | Reflections on a Memorial Service for Robert Kelly Pace - By Buck Files
28 | Robert Kelly Pace - By Brian Rollings & Jeff Wood
Why You Must Find Something to Love About Your Client
Tuesday, November 6th, 2018

A jury of 6 or 12 will decide the fate of this human life you have in your hands. “Yeah, but the charge is Continuous Sexual Abuse of a Child, and I have children. I can’t get past the charges.” If that is the inner voice you hear, get to know your client—not just a little bit, but a lot.

Mental Illness and Criminal Defense
Tuesday, November 6th, 2018

Twice during my years practicing law, situations arose in other parts of the country, and were reported nationwide, in which it became public knowledge that a lawyer representing someone accused of abduction and murder knew quite literally where the body could be found and did not disclose it.

Pat Priest: A Profile in Judicial Courage
Tuesday, November 6th, 2018

A. Just call Priest.

The following scenario played out hundreds of times in the Bexar County Courthouse over the last four decades: Some thorny issue of substance or procedure would arise during a trial or hearing, and the judge would call a brief recess to solve the problem.

When Does a Driver Have to Submit to a Law Enforcement Officer’s Request to Take a Breath or Blood Test? What Every Driver Should Know
Tuesday, November 6th, 2018

In Texas, there appears to be significant confusion among citizens, law enforcement, and even lawyers as to when it is proper for a law enforcement officer to ask for a breath or blood specimen.

Shout Outs
Tuesday, November 6th, 2018

A big shout out to Reagan Wynn and Gary Medlin of Fort Worth and the entire team at the Innocence Project (and particularly Nina Morrison) for giving an innocent man back his life after 20 years of being labeled a murderer. In Reagan’s words:

Tuesday, November 6th, 2018

On June 28, 2018, the Supreme Court granted Terance Martez Gamble’s Petition for Writ of Certiorari. The question presented: whether the Court should overrule the “separate sovereigns” exception to the Double Jeopardy Clause. Gamble was involved with two sovereigns—the State of Alabama and the United States. He had been convicted of a robbery in an Alabama state prosecution in 2008. Some seven years later, he was prosecuted again in an Alabama state court as a prohibited person in possession of a firearm in violation of Ala.

Tuesday, November 6th, 2018

Many lawyers are faced with dealing with incompetent clients. Rules 1.02(a3) and 1.05(c4) deal with some of those issues. As we know from the Supreme Court’s McCoy v. Louisiana, 138 S.Ct. 1500 (2018), the client is the final decision-maker on most issues. Many times, there is not a perfect answer that guides the lawyer on what to do when you have a client who is not playing with a full deck. This article deals with some of the answers from our Ethics Committee that may guide you in the ethical route that is in the best interest of your client.

Tuesday, November 6th, 2018

Reconstruction is the act of reconstructing. To reconstruct is to establish or assemble again.

Tuesday, November 6th, 2018

Technology is a useful servant but a dangerous master.

—Christian Lous Lange

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