Joseph A. Martinez

Joseph A. Martinez is the former long-time Executive Director of the Texas Criminal Defense Lawyers Association.

Editor’s Comment: The Age of Discovery – By Michael Gross

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The egregious cases involving Michael Morton and Anthony Graves resulted in the passage of the Michael Morton Act—Senate Bill 1611. Michael Morton was wrongfully imprisoned for nearly a quarter of a century as a result of a district attorney concealing evidence. The case of Mr. Morton was so egregious that the district attorney has been disbarred, fined, and jailed as a result. Anthony Graves spent 16 years on death row until the United States Court of Appeals for the Fifth Circuit recently overturned his case since prosecutors elicited false statements and withheld testimony. A special prosecutor reviewed the case of Mr. Graves and determined that he is an innocent man. The SB 1611 new discovery statute will provide a new evolution of discovery in Texas designed to eradicate such unconscionable actions by prosecutors. It is crucial, therefore, for those of us brothers and sisters in the criminal defense bar to be well-versed in this new discovery statute. What does the new discovery statute accomplish? How do we implement the discovery statute in our everyday practice? What are the possible pitfalls for us? What does the new discovery statute encompass?

Since the new discovery statute will take effect on January 1, 2014, the editorial staff of Voice for the Defense thought it necessary to devote an entire two-month edition to this new statute. Grant and I asked people with key insight on the statute to submit articles for this special edition of Voice. I am extremely grateful for the hard work and insightful articles submitted by (in alphabetical order) Mark Daniel, Keith Hampton, W. Troy McKinney, Allen Place, George Scharmen, and Randy Wilson. Each of these individuals has provided papers that delve into how this new discovery statute will apply to different criminal offenses and how we need to format and tailor our discovery requests under this new statute. This special edition of the Voice is intended to provide you with all the information you need to properly apply SB 1611 to your cases. Good luck to all of you with the new discovery statute, and I hope this special edition of the Voice proves to be a valuable tool for your practice.

Executive Director’s Perspective: The Business at Hand – By Joseph A. Martinez

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TCDLA will be posting on its website a one-hour CLE on the new Discovery law (SB 1611) that goes into effect on January 1, 2014. We ask all of our members to become knowledgeable of the rules they must follow.

The TCDLA Board of Directors met on Saturday, September 28, in Arlington. The following motions were passed:*

MOTION: Minutes, June 15, 2013

Approve minutes from June 15, 2013, TCDLA Board Meeting in San Antonio. Motion made by Bob Hinton, seconded by Sam Bassett—motion carries.

MOTION: Resolution implementation of the Fair Defense Act and a call for transparency in appointment of indigent counsel

Motion made by John Convery, seconded by Mark Snodgrass—motion carries.

MOTION: $54,296 to deposit into the (TCDLA) reserve account

It is recommended by the (TCDLA) budget committee that the Board move $54,296 from FY13 revenue to be transferred to reserve. Motion made by Scrappy Holmes, seconded by Emmett Harris—motion carries.

MOTION: FY2014 Budget

Motion to approve the FY2014 Budget made by Richard Anderson, seconded by Bob Hinton—motion carries.

MOTION: Executive Session

Bobby Mims moves to go into executive session, seconded by Mark Snodgrass—motion carries. Board comes out of executive session.

MOTION: FY13 Staff Bonuses

Motion by Bill Harris to approve $43,400 allocated for FY 2013 staff bonuses, seconded by John Convery—motion carries.

MOTION: Hire new (TCDLA) position—Governmental Relations Director

It is moved that the Board of Directors form a special subcommittee of President Bobby Mims, TCDLA Legislative Committee Chair Mark Daniel, Executive Director Joseph Martinez, and TCDLA Legislative Advisor Alan Place. This subcommittee shall solicit for and recommend the employment of a qualified individual to serve as a Governmental Relations Director for TCDLA. The position will be posted for public notice in accordance with the rules and bylaws of the association and applicable state and federal laws. The salary and benefits shall be commensurate with the experience and qualifications of the candidate. It is further moved that the Board of Directors delegate the final decision to employ such individual as may be recommended by the subcommittee to the TCDLA Executive Committee as it is constituted as of September 27, 2013.

Motion made by Sam Bassett, seconded by Marjorie Bachman—motion carries.

MOTION: Resolution for Louise and George Gilkerson

Whereas George Gilkerson, a charter member and the 4th president (1974–75) of the Texas Criminal Defense Lawyers Association, has shown his absolute commitment to service in the pursuit of justice and a professional excellence he has willingly shared with this Association in its basic mission. Be it therefore resolved that the Association would like to honor our beloved Louise and George Gilkerson on the occasion of their 70th wedding anniversary.

Motion made by Dan Hurley, seconded by Tim Evans—motion carries unanimously.

MOTION to adjourn at 12:17 pm

Made by Jason Cassel, seconded by Sarah Roland—motion carries.

FY 2014 TCDLA Budget

The total Income budgeted for FY 2014 is $1,417,203, which consists of revenue generated from membership dues ($421,000), seminar registration ($790,000), publications ($90,500), and other income ($80,120) (e.g., seminar exhibitors, donations, scholarships, sponsorships).

The total of expenses budgeted for the year is $1,417,161. The expenses budgeted help cover expenses associated with seminars ($412,578), membership sustainability ($134,300), operating expenses ($197,664), staff salaries and benefits, including a new government relations director position ($509,643), governance ($36,000), and other expenses ($126,976.33). The profit projected for FY 2014 is $42.

Specials thanks to course directors Tim Evans and Bob Hinton for the Voir Dire seminar held in Arlington in September. Thanks to their efforts we had 104 attendees.

Special thanks to our course directors, Carlos Garcia (Aus­tin), E. X. Martin (Dallas), Larry Renner (Santa Fe, New Mex­ico), and Rick Wardroup (Lubbock), for the 11th Annual Fo­ren­sics seminar held in Dallas in October. Thanks to their efforts we had 73 attendees.

Special thanks to course directors Natalie Roetzel (Dallas) and Nick Vilbas (Lubbock) for the Innocence Clinic seminar held in Dallas in September. Thanks to their efforts we had 41 attendees.

Special thanks to Todd DuPont II (Houston), President, and the leadership of the Harris County Criminal Lawyers Association (HCCLA) for allowing TCDLA, through the Criminal Defense Lawyers Project (CDLP), to co-sponsor the Indigent Defense seminar held in Houston in October. Thanks to the course directors, Carmen Roe (Houston) and Rand Mintzer (Houston), we had 141 attendees. Special thanks to Christina Applet, Executive Director of HCCLA, for her all of her support.

Special thanks to our course director, John Ackerman (Festival Beach), for the Round Top III Advanced Skills Training—Voir Dire and Opening held at the unique Round Top Festival Institute in the idyllic town of Round Top. Round Top is located 95 miles west of Houston and 75 miles east of Austin off Highway 290. The five-day/four-night training course is designed to improve counsel’s communication with members of the jury. Special thanks to our two psychodramatists, Kathryn Larimer (Omaha, Nebraska) and Don Clarkson (Baltimore, Maryland), and the 11 faculty members. This year 61 lawyers attended. Tony Vitz (McKinney) will be co-course director for Round Top IV, which will be held October 22–26, 2014.

Special thanks to our course directors, Linda Garza-Martinez (Laredo) and Michael Gross (San Antonio), for the Trial Strategies That Work seminar held in Laredo in October. Special thanks to Silverio Martinez (Laredo), President of the Laredo Webb County Bar Association, and their leadership for allowing TCDLA to co-sponsor this event.

The Trial Strategies That Work seminar will be held in the following cities and on these dates:

November 15Sugar Land
April 4, 2014Waco
April 11, 2014Beaumont
April 25, 2014Tyler
July 17–18, 2014South Padre Island

Please go to our website or call the Home Office for more information.

Are you interested in forming a local criminal defense bar? Need help getting organized? Please contact Susan Anderson (Dallas), , or Ray Rodriguez (Laredo), , co-chairs of the TCDLA Affiliate Committee.

Good verdicts to all.

Executive Director’s Perspective: Falling Forward – By Joseph A. Martinez

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TCDLA received notice from the Texas Court of Criminal Appeals of the following grant awards for fiscal year 2014 (September 1, 2013, through August 31, 2014).

Criminal Defense Lawyers Project$913,662
Innocence$100,000
Public Defender$33,035

TCDLA will maximize these grants and conduct over 42 seminars in the coming budget year. Seminars/events will be held in cities across Texas. Eight will be online on our TCDLA website. Working together with our public defender offices and our local criminal defense bars, we project we will train 5,500 lawyers in fiscal year 2014.

We thank the entire Texas Court of Criminal Appeals for having the trust and confidence in TCDLA to provide quality continuing legal education to the criminal defense bar. We thank, in particular, Judge Hervey, who is the judicial oversight for the Judicial and Court Personnel Training Fund.

TCLDA also received notice from the Department of Justice through the Texas Court of Criminal Appeals of awarding of the second round of funding for the Capital Case Litigation Initiative (CCLI). CCLI is specialized capital training for both criminal defense lawyers and prosecutors. TCDLA was awarded $99,875 for the next two fiscal years. The Center for American and International Law (CAIL) in Plano will do the prosecutor training.

We thank the Texas Court of Criminal Appeals for their partnering with TCDLA on this most important training as it relates to lawyers who take on clients facing the Texas death penalty. We especially thank Judge Hervey for having the foresight to apply for the funds.

Special thanks to Danny Easterling (Houston) and Grant Scheiner (Houston), our course directors for the 11th Annual Top Gun DWI seminar held in Houston in August. We thank Danny and Grant for their coming up with the idea for a DWI seminar in Houston and twice held in Austin. We thank them for their commitment to quality CLE for our TCDLA members. Thanks to their efforts we had 246 attendees.

Special thanks to Jorge Aristotelidis (San Antonio), President, and the Board of Directors of the San Antonio Criminal Defense Lawyers Association (SACDLA) for allowing TCDLA/CDLP to co-sponsor their Against All Odds: Winning Trial Tactics seminar held in San Antonio in August. Thanks also to Trisha Morales Padia, new SACDLA Executive Director. Thanks to everyone’s efforts we had 95 attendees.

Special thanks to Janet Burnett (El Paso), our course director for the Indigent Defense and the Representation of the Mentally Ill Seminar held in El Paso. Special thanks to El Paso County Judge Veronica Escobar, who presented on El Paso County’s Vision and the Mentally Ill at the seminar. Thanks to everyone’s efforts we had 66 attendees.

Special thanks to Robyn Nance (Amarillo) and Kelly Pace (Tyler), our course directors for the Trial Strategies That Work seminar held in Amarillo. Thanks to their efforts we had 30 attendees.

The Trial Strategies That Work seminar will be held in the following cites and on these dates:

October 25, 2013   Laredo
November 15, 2013   Sugarland
April 4, 2014   Waco
April 11   Beaumont
April 25   Tyler
July 17–18   South Padre Island

John Ackerman is the course director for one of the most important training seminars TCLDA conducts—the 3rd Annual Roundtop seminar. The seminar will focus on Advanced Skills Training—Voir Dire and Opening. There are still openings for this seminar, though space is limited. Please go to our website or call the Home Office for more information.

Are you interested in forming a local criminal defense bar? Need help getting organized? Please contact Susan Anderson (Dallas), , or Ray Rodriguez (Laredo), , Co-Chairs of the TCDLA Affiliate Committee.

Good verdicts to all.

Executive Director’s Perspective: Summer’s End – By Joseph A. Martinez

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Special thanks to Alan Steele (Fort Worth) and Anthony Odiorne (Burnet), our course directors for our Mitigation in the Non-Capital Case held in Granbury in July. Thanks to them and our speakers we had 31 attendees.

Special thanks to Judges Herb Evans (Austin) and Leon Grizzard (Austin), our course directors for our Best of the Best: Capital Murder seminar held in Austin in July. Thanks to them and our speakers we had 86 attendees.

Special thanks to Jeff Blackburn (Amarillo) and Gary Udashen (Dallas), our course directors for our Freeing the Innocent in Texas: The Cutting Edge of Theory and Practice seminar held in Austin in August. Special thanks to Billy Smith, Johnny Pinchback, and Richard Miles, Texas exonerees who spoke at the dinner presentation. Thanks to everyone’s efforts we had 178 attendees. Special thanks to the Honorable Barbara Hervey, Judge, Texas Court of Criminal Appeals, who was our lunch speaker at the seminar. We also thank Judge Hervey for her extraordinary support of quality Innocence training in Texas.

 Special thanks to Constance Luedicke (Corpus Christi) and Sarah Roland (Denton), our course directors for the Gideon’s Trumpet seminar held in Corpus Christi in August. Thanks to them and our speakers we had 48 attendees.

Bobby Mims, TCDLA President has appointed Heather Barbieri (Plano), Michael Heiskell (Fort Worth), and Jason Cassel (Longview) as course directors for the 27th Annual Rusty Duncan Advanced Criminal Law Course, to be held June 12–14, 2014, in San Antonio. The theme will be “TCDLA Is All In.” The full agenda will be out by December.

The following is a complete list of the current TCDLA committees. Please call the chairs of the committees if you have any questions.

Committee

Chair

Co-Chair

Affiliates Committee

Ray Rodriguez

Susan Anderson

Amicus (Brief) Curiae

Angela Moore

Gena Bunn

Appeals Assistance & Review

Leonard T. “Butch” Bradt

Michael Mowla

Brief, Motion & Memo Bank

Vincent Perini

Theodore “Tip” Hargrove III
Michael Mowla

Budget and Finance/ Financial Development

David Moore

 

Bylaws

Coby Waddill

Adam Kobs

Capital Assistance

Katherine Scardino

Kathryn Kase

Criminal Defense Lawyers Project

Michael Gross

 

Client Mental Health

Carole Jean Powell

Jeanette Kinard

DWI Resource Committee

Mark Theissen

Deandra Grant

Ethics

Robert Pelton

Don Davidson

Federal Assistance

Jason Cassel

David Guinn

Hall of Fame

Clifton “Scrappy” Holmes

Tim Evans, Robert Hinton

Indigent Client Defense

Jim Bethke

 

Judicial Integrity

Troy McKinney

 

Lawyer of the Year

Tim Evans

 

Lawyers Assistance

Kelly Pace

 

Legislative

Mark Daniel

 

Membership Benefits

Danny Easterling

 

Nominations Committee

Emmett Harris

 

Corrections and Parole

David O’Neil

Nicholas Hughes

Past Presidents

Betty Blackwell

Dan Hurley

Prosecutor Misconduct

Sarah Roland

 

Public Defender Committee

Jo Ann Jacinto

 

Rural Practice

Clay Steadman

 

Strike Force

Reagan Wynn

Nicole DeBorde

Technology and Communications

Grant Scheiner

Troy McKinney

Veteran’s Assistance

Terr Zimmerman

John Hunter Smith

Young Lawyers & Law School Students

Josh Zientek

Frank Sellers

TCDLA appreciates its members’ support. We know you have a choice in whose CLE you attend. Thank you for support and attendance at TCDLA CLE.

Are you interested in forming a local criminal defense bar? Need help getting organized? Please contact Susan Anderson (Dallas), , or Ray Rodriguez (Laredo), , Co-Chairs of the TCDLA Affiliate Committee.

Good verdicts to all.

Executive Director’s Perspective: Rusty Duncan and Summer Fun – By Joseph A. Martinez

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Special thanks to Betty Blackwell (Austin), Kerri Anderson-Donica (Corsicana), Brent Cahill (Navasota), Leslie Starr Barrows (Colleyville), Warren Wolf (San Antonio), and Ray Rodriguez (Laredo), our course directors for this year’s 26th Annual Rusty Duncan Advanced Criminal Law Course. Thanks to all our 26 speakers, our board member’s support, and staff, we had over 870 attendees. This year 31 exhibitors participated in our Exhibit Hall.

We raised $9,145 from the 54 items donated by board members, hotels, and various other sponsors. These funds will be used for scholarships for lawyers in the coming year.

Thanks to Rick Wardroup (Lubbock), course director for our Capital Update held on June 13 in San Antonio. Thanks to Jody Lynee Madeira, our speaker, we had 33 attendees.

Bill Trantham (Denton) organized a group of lawyers to take the Amtrak train to and from San Antonio. It was inexpensive, hassle-free, and no driving was required. The Amtrak train station is less than a mile from all the hotels in downtown San Antonio. We are going to arrange for a Rusty Flyer from the Metroplex and possibly Houston for next year’s 27th Annual Rusty Duncan Advanced Criminal Law Course, scheduled for June 2013. More information to follow.

The TCDLA Board and Members met for the 43rd Annual Members Meeting in San Antonio on Saturday, June 15, 2013. The following motions were passed:*

MOTION: Minutes

Approve minutes from March 9, 2013, TCDLA Board Meeting in Dallas. Motion made by Mark Snodgrass, seconded by Sam Bassett—motion carries.

MOTION: Bylaws Changes

Adopt proposed challenges as published to the general membership listed below. Mo­tion made by Adam Kobs, seconded by Gary Trichter—motion carries (2 opposed).

MOTION: Williamson County Affiliate

A motion to accept Williamson County as an affiliate of TCDLA made by Vincent Perini, seconded by Gerry Goldstein—motion carries.

MOTION to approve the 2013–2014 officers, new and reappointed Board Members

Motion made by Coby Waddill, seconded by Gerry Gold­stein—motion carries.

MOTION: Voice for the Defense Magazine Editor and Assistant Editor

A motion was made to have Michael Gross as the editor and Grant Scheiner as assistant editor. Motion made by Bobby Mims, seconded by Danny Easterling—motion carries.

Special thanks to our course directors, Carlos Garcia (Austin) and Rick Wardroup (Lubbock), for our second annual Training the Trainers seminar held in South Padre Island. We are putting special emphasis on preparing speakers for our CDLP CLE for the coming year. Presentations included adult learning principles and effective PowerPoint presentations. We had 25 current and future speakers.

Special thanks to our course directors, Sarah Roland (Den­ton), Bobby Lerma (Brownsville), and Sheldon Weisfeld (Brownsville). Thanks to their efforts we had 62 attendees.

Thanks to Bill Trantham (Denton), Bobby Lerma (Brownsville), and Mel Bruder (Denton)—plus TCDLA staff and Pepe Flores, staff spouse—for putting together the 8th Annual Beach Bar-B-Que. Thanks to everyone’s help, we had close to 100 persons enjoy the barbecue, shrimp, and beach and sun.

We held our annual TCDLA/CDLP/TCDLEI board orientation at South Padre Island. Board members were oriented to their duties and responsibilities and given an overview of TCDLA/CDLP/TCDLEI. We also had a Sunset Bay Cruise and a Hawaiian Luau. A good time was had by all.

Bobby Mims, TCDLA President (Tyler), discussed his challenging goals for the coming year

We want to thank the TCDLA members who were the local organizers of the July 4, 2013, Readings of the Declaration of Independence in 51 cities in Texas. Robb Fickman, TCDLA board member (Houston), started the readings in Houston with the Harris County Criminal Lawyers Association (HCCLA) in 2011 and expanded throughout Texas. This year there were readings in 12 states and the District of Columbia, as well as a reading in London.

Thank you Robb for your dedication and patriotism and for helping us remember why we are so fortunate to be Americans.

Summer is upon us. Please join us for CLE throughout the coming months.

July 26AustinBest of the Best IV: Capital Murder
July 26GranburyMitigation in Non-Capital Case
August 8–9AustinInnocence for Attorneys
August 9Corpus ChristiGideon’s Trumpet
August 23Houston11th Annual Top Gun DWI
August 30San AntonioAgainst All Odds: Winning Trial Tactics

Please go to our website for more information and to register online.

TCDLA appreciates its members’ support. We know you have a choice in whose CLE you attend. Thank you for supporting and attending TCDLA CLE.

Are you interested in forming a local criminal defense bar? Need help getting organized? Please contact Susan Anderson (Dallas), , or Ray Rodriguez (Laredo), , co-chairs of the TCDLA Affiliate Committee.

Good verdicts to all.


*The minutes from the June 14, 2013, members meeting have not been approved by the TCDLA Board.

Executive Director’s Perspective: Summer Schedule – By Joseph A. Martinez

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Special thanks to David Burrows, Larry Boyd, and Deandra Grant, our course directors for the DWI Defense Project: More Silver Bullets CLE held in Arlington in May. Thanks to David, Larry, Deandra, and our speakers, we had an outstanding program with 185 attendees.

The 83rd Texas Legislature drew to a close on May 27, 2013. Governor Perry has called for a Special Session. Please follow our TCDLA Legislative team of Allen Place, Kristin Etter, and David Gonzalez on the TCDLA legislative listserve. Please call the Home Office (512-478-2514) if you need to know how to sign up for the TCDLA Legislative listserve.

TCDLA Board of Directors invites you to attend the TCDLA Annual Members Meeting on Saturday, June 13, 2013, immediately following the adjournment of the 26th Annual Rusty Duncan Advanced Criminal Law Course. This should be approximately at 11:30 am in Ballroom B of the Henry B. Gonzalez Convention Center in San Antonio.

Summer is approaching and we invite you to plan a summer of family, friends, and quality CLE all across Texas. The following is our outstanding CLE summer schedule:

July 10–14South Padre IslandMembers Trip
July 10South Padre IslandTraining the Trainers
July 11–12South Padre IslandGideon’s Trumpet
July 26AustinBest of the Best: Capital Murder
July 26GranburyMitigation in the Non-Capital Case
August 8AustinFreeing the Innocent in Texas: The Cutting Edge of Theory and Practice
August 9Corpus ChristGideon’s Trumpet
August 23Houston11th Annual Top Gun DWI
August 30San AntonioSummer Seminar co-sponsored with SACDLA

Please go to our website for more information and to register online.

We updated our TCDLA website. We thank the TCDLA board for their support. We thank Grant Scheiner, Chair of the TCDLA Technology Committee, for his guidance in the project. We thank Melissa Schank, Assistant Executive Director, for her masterful work on the project. We also thank Miriam Rendon and Craig Hattersley for their exhaustive work on the project. Please let us know if you have any suggestions for improving the website.

 TCDLA appreciates its members’ support. We know you have a choice in whose CLE you attend. Thank you for supporting and attending TCDLA CLE.

Are you interested in forming a local criminal defense bar? Need help getting organized? Please contact Susan Anderson (Dallas), , or Ray Rodriguez (Laredo), , co-chairs of the TCDLA Affiliate Committee.

Good verdicts to all.

Executive Director’s Perspective: Rusty Countdown – By Joseph A. Martinez

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Special thanks to our Dean of Students and Faculty, respectively, Lydia Clay-Jackson (Conroe) and Tim Evans (Fort Worth), for the 37th Annual Texas Criminal Trial College held in Huntsville. Very special thanks to our 46 faculty members who participated in the College. We had 77 students from all parts of Texas attend the college. A list of the graduates of this year’s College is on page 22 of this issue of the Voice and on our website. We would ask our members to review the list and make it a point to congratulate these lawyers.

We thank the TCDLEI board for paying for the Hostility (Hospitality) Room at the College for the students, faculty, and staff. We thank the Law Firm of Habern, O’Neil and Pawgan, LLP, for sponsoring a Reception at the Stardust Room. We also thank the Dean Yarabeck of the Sam Houston State University for providing us with a great environment for training lawyers. We also thank Ms. Ann Broussard, Administrative Assistant to the Dean, for taking care of us throughout the week of the College. We thank A. K. Khan, General Manager of the University Hotel, for his and his staff’s cooperation as well. We would not be able to put on the College without everyone’s assistance, guidance, and cooperation.

Special thanks to Mimi Coffey (Fort Worth), Troy McKinney (Houston), Doug Murphy (Houston), and Gary Trichter (Bandera), our course directors for the 20th Annual Mastering Scientific Evidence in DUI/DWI Cases held in New Orleans. TCDLA does this event as a co-sponsorship with the National College for DUI Defense (NCDD). This year marks the eighth year of this unique working relationship between NCDD and TCDLA.

Troy McKinney is the Dean of NCDD. Special thanks to Rhea Kirk, Executive Director for NCDD, for all of her cooperation in the past year. Thanks to everyone working together we had 197 attendees.

Special thanks to the Honorable Senator Rodney Ellis and the Texas Indigent Defense Commission (TIDC), who co-sponsored with TCDLA the Texas Commemoration of the 50th Anniversary of Gideon seminar. The event was held at the Texas Legislature in March. Thanks to Jim Bethke, Executive Director of TIDC, for his guidance and cooperation. Thanks to everyone’s support, we had 74 attendees.

Special thanks to Andrew Kerr, President of the San Antonio Bar, for allowing TCDLA/CDLP to co-sponsor the 50th Annual Criminal Law Institute, in honor of District Judge A. A. Semaan. Our moderators were John Convery and Robert Price. Thanks to everyone’s efforts we had 208 attendees. This is the oldest continuing legal education in the state. TCDLA congratulates the San Antonio Bar for 50 years of dedication to educating the bar.

Thanks to course directors Sarah Roland (Denton) and David Moore (Longview) for the Gideon’s Trumpet held in Long­view in April. Thanks to their efforts we had 58 attendees. We also thank David and his wife Pam for hosting a speaker dinner and reception at their home in Longview.

Special thanks to course directors Sarah Roland (Denton) and Stan Schwieger (Waco) for Gideon’s Trumpet in Waco in April. We also thank the McLennan County Criminal Defense Lawyers Association for their support. Thanks to everyone’s help we had 91 attendees.

The 83rd Texas Legislature is drawing to a close on May 27, 2013, unless Governor Perry calls for a special session. Please follow our legislative team on the TCDLA listserve. Please call the Home Office (512-478-2514) if you need to know how to sign up for the TCDLA Legislative listserve.

The 26th Annual Rusty Duncan Advanced Criminal Law Course is rapidly approaching. A fun bike ride will be part of the healthy lifestyle options that will be available. Please pre-register at our TCDLA website and make your hotel reservations as early as possible. The deadline for the hotel rooms at the Hyatt Regency, Menger Hotel, and La Quinta is May 14, 2013, or until full, whichever occurs first.

Please help us get the word out on the 17th Annual TCDLA Golf Tournament to be held on Wednesday, June 13, at the beautiful Silverhorn Golf Club course. Prizes are awarded for the top three teams. Registration fee includes lunch at 11:30 am. Shotgun start at 12:00.

The TCDLA Board of Directors invites you to attend the TCDLA Annual Members Meeting on Saturday, June 13, 2013, im­me­diately following the adjournment of the 26th Annual Rusty Duncan Advanced Criminal Law Course. This should be approximately at 11:30 am in Ballroom B of the Henry B. Gonzalez Convention Center in San Antonio.

Are you interested in forming a local criminal defense bar? Need help getting organized? Please contact Susan Anderson (Dallas) at or Ray Rodriguez (Laredo) at , co-chairs of the TCDLA Affiliate Committee.

Good verdicts to all.

Executive Director’s Perspective: TCDLA in Motion – By Joseph A. Martinez

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The TCDLA Board of Directors met in Dallas on Saturday, March 8. The following motions were passed at the TCDLA Board Meeting.

MOTION: To approve minutes from the December 8, 2012, TCDLA Board Meeting in Houston. Motion made by Michael McDougal, seconded by Sarah Roland—motion carries.

MOTION: Not allow counter cash withdrawals with Wells Fargo checking account. Motion made by John Convery, seconded by Bobby Mims—motion carries.

MOTION: Pass Resolution presented by TCDLA Legislative Committee. Motion made by Mark Daniel, seconded by Bill Harris—motion carries.

MOTION: Add Brady Reform and revise wording regarding Texas Defender Service (TDS) to TCDLA Resolution just passed by board. Motion made by Mark Daniel, seconded by Lance Evans—motion carries.

MOTION: TCDLA Executive Board to look at and approve revised resolution. Motion made by Mark Daniel, seconded by Carol Powell—motion carries.

MOTION: Nominated Jani Maselli for the Charles Butts Pro Bono Award. Motion made by Tony Vitz, seconded by Emmett Harris—motion carries.

MOTION: Adjourn meeting. Motion to adjourn at 12:05 pm. Motion made by Bobby Mims, seconded by Coby Waddill—motion carries.

The following information was reported at the board meeting:

Special thanks to Carlos Garcia (Austin) and Rick Wardroup, Capital Assistance Lawyer (Lubbock), our course directors for the Capital Case Litigators Initiative (CCLI) held in San Antonio in February. Thanks to their efforts and our speakers we had 41 attendees. CCLI was a Department of Justice grant submitted by the Texas Court of Criminal Appeals. Special thanks and acknowledgment to Judge Barbara Hervey for her advocacy for TCDLA in this most important capital training.

Special thanks to Rick Wardroup (Lubbock), course director for the Capital Trial Seminar, and Melissa Shearer, course director for the Mental Health seminar held in San Antonio. Thanks to their efforts and our speakers we had 122 attendees.

Specials thanks to the Hidalgo County Bar Association and Sharon Almaguer, president, who allowed Criminal Defense Lawyers Project (CDLP) to co-sponsor the Constitutional Warriors: Hidalgo County Bar Association Criminal Law Conference 2013, held in McAllen in February. Thanks to Reynaldo Merino (McAllen), TCDLA board member, for bringing this opportunity to TCDLA. We had 47 attendees.

Special thanks to Rick Wardroup (Lubbock) and Lynn Richardson (Dallas), course directors for the Dallas Indigent Defense seminar. Special thanks to Mike McCollum, TCDLA board member (Dallas), and Professor Chris Jenks (Dallas), course directors for the Veterans’ Justice: Serving Those Who Served Us seminar held in Dallas in February. And special thanks to Stephanie Gonzales, attorney at SMU, for all her coordination and efforts behind the scenes. Thanks to all their efforts and our speakers we had a total of 187 attendees.

Special thanks to Troy McKinney (Houston), course director for the Public Defender DWI seminar held in Dallas in February. Thanks to him and our speakers we had 54 attendees. This was a co-sponsored seminar with the National College for DUI Defense. Troy McKinney is also the current Dean of the College.

Special thanks to Anthony Haughton (Houston) and Alex Bunin (Houston), course directors for the 2nd Annual Honorable Craig Washington and Senator Rodney Ellis Seminar held at the Thurgood Marshall School of Law in Houston in February. Thanks to their efforts and our speakers we had 157 attendees. TCDLA wants to give special recognition to Dean Dannye Holley of the Thurgood Marshall School of Law for allowing TCDLA/CDLP to co-sponsor this event. Specials thanks to Ms. Prudence Smith who helped put on the event and was instrumental in making it a success.

Special thanks to Troy McKinney (Houston), course director for the Public Defender DWI seminar held in El Paso in February, with help from El Paso’s Janet Burnett. Thanks to their efforts and our speakers we had 75 attendees.

Special thanks to Randy Wilson (Abilene) and Tyrone Moncriffe (Houston), course directors for the Cross-Examination seminar held in Dallas. Thanks to their efforts and our speakers we had 94 attendees.

The 83rd Texas Legislative Session has been an extremely busy session for TCDLA. Bills have been filed and our TCDLA Legislative Team has been actively following their progress through the Senate and House Committees. Please follow our legislative team on the TCDLA listserve. Please call the Home Office (512-478-2514) if you need to know how to sign up for the TCDLA Legislative listserve.

The 26th Annual Rusty Duncan Advanced Criminal Law Course is rapidly approaching. Please pre-register at our TCDLA website and make your hotel reservations at the Hyatt Regency host hotel as early as possible.

Please help us get the word out on the 17th Annual TCDLA Golf Tournament to be held on Wednesday, June 13, at the beautiful course in Silverhorn Golf Course. Prizes are awarded for the top two teams. Registration fee includes lunch at 11:30 am. Shotgun start at 12:00 pm.

The TCDLA Board of Directors invites you to attend the TCDLA Annual Members Meeting on Saturday, June 13, 2013, immediately following the adjournment of the 26th Annual Rusty Duncan Advanced Criminal Law Course. This should be approximately at 10:30 am in Ballroom B of the Henry B. Gonzalez Convention Center in San Antonio.

Good verdicts to all.

Executive Director’s Perspective: A Busy Spring – By Joseph A. Martinez

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Special thanks to Nathan Miller (Denton) and Tony Ross (Denton), our course directors for the 5th Annual Hal Jackson Memorial Jolly Roger Criminal Law Seminar held in Denton in December. Thanks to their efforts and our speakers we had 89 attendees.

Special thanks John Ackerman, our course director for our Psychodrama Program, an intense five-day program held at the Round Top Institute in Round Top, Texas. Thanks to John, our psychodramatists, and faculty, we had an outstanding program with 35 attendees. This program is being moved to October 23–27, 2013, at the Round Top Institute. We already have seven pre-registered participants.

Thanks to David Guinn (Lubbock), our course director for the Nuts ’n’ Bolts seminar held in Lubbock in January. Thanks to David and our speakers we had 33 participants.

And special thanks also to David Guinn for being course director for the 32nd Annual Prairie Dog seminar held in Lubbock in January. Thanks to the Lubbock Criminal Defense Lawyers Association and our speakers we had 188 participants. This was the 32nd year LCDLA has put on this major event. TCDLA/CDLP is honored to support LCDLA’s efforts. Special thanks to all of the LCDLA members who contributed to all of the events and to Texas Tech Law School for sponsoring lunch Friday. Thanks to the Outlaw Grillers, guided by Bill Trantham (Denton), for the wonderful barbecue Saturday. There were no major fires and no one was seriously injured.

Special thanks to William Habern, David O’Neil, and Gary Cohen, our course directors for the Post-Conviction seminar held in Houston in January. Thanks to our them and our speakers we had 77 attendees.

Special thanks to Troy McKinney (Houston), our course director for the Public Defender DWI seminar held in Edinburg in January. Thanks to him and our speakers and Jaime Gonzalez, Public Defender (Edinburg), we had 55 attendees.

Special thanks to Rick Bunch (Wichita Falls), James Rasmussen (Wichita Falls), and Michael Gross (San Antonio), our course directors for the Gideon’s Trumpet seminar held January 25 in Wichita Falls. Thanks to their efforts we had 34 attendees.

The TCDLA lobby team of Allen Place (Gatesville), David Gonzalez (Austin), and Kristin Etter (Austin) are down at the State Capitol ensuring that the rights of the accused in Texas are protected. Here is list of the issues TCDLA is actively working on:

  1.   To support a viable and meaningful exculpatory evidence statute
  2.   Minor amendments to the expunction and nondisclosure statute
  3.   Possible revision of public intoxication statue
  4.   Actively engage on all bills that unfairly make changes to the criminal justice system.

Please sign up and follow TCDLA’s legislative efforts on the TCDLA Legislative listserve. Please call the Home Office if you have any questions regarding how to sign on (512-478-2514).

Please join us at the Crowne Plaza in downtown Dallas for the TCDLA Cross-Examination seminar March 7–8, 2013. The seminar course directors are Randy Wilson (Abilene) and Tyrone Moncriffe (Houston), and they have put together an outstanding lineup of speakers. Please go to our website for the entire two-day schedule.

TCDLA Board of Directors invites you to attend the next quarterly board meeting on Saturday, March 9, at 10:15 am. The board meeting will be at the Crowne Plaza Hotel in downtown Dallas. Scholarships are available.

Good verdicts to all.

Executive Director’s Perspective: TCDLA in Motion – By Joseph A. Martinez

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TCDLA thanks their 3,200+ members for their support throughout the past year. TCDLA is a stronger, more relevant organization because of its members. We wish all of you and your families a safe and enjoyable holiday season.

November 12, 2012, was the first day bills could be filed by Texas legislators in anticipation of the Texas Legislative Session. TCDLA’s Legislative Committee, chaired by Mark Daniel (Fort Worth), has been preparing for the session. The TCDLA lobby team of Allen Place (Gatesville), David Gonzalez (Austin), and Kristin Etier (Austin) are prepared to ensure the rights of the accused in Texas are protected.

Here is list of the issues TCDLA will be actively working on:

  1.   To support a viable and meaningful exculpatory evidence statute
  2.   Minor amendments to the expunction and nondisclosure statute
  3.   Possible revision of public intoxication statue
  4.   Actively engage on all bills which unfairly make changes to the criminal justice system.

Please sign up and follow TCDLA’s legislative efforts on the TCDLA Legislative listserve. Please call the Home Office (512-478-2514) if you have any questions regarding how to sign onto the Legislative listserve.

The TCDLA Board of Directors met on December 8, 2012 in Houston. The following are motions passed by the board:

MOTION: Minutes, September 15, 2012

Motion to approve minutes from September 15, 2012, TCDLA Board Meeting in Galveston. Motion made by Ray Rodriguez, seconded by Carole Powell—motion carries.

MOTION: Online Payments

Motion to approve making online payments. Motion made by John Convery, seconded by Susan Anderson—motion carries.

MOTION: New Account—Building Expenses

Motion to approve new account in TCDLA budget for building expenses. Motion made by John Convery, seconded by David Moore—motion carries.

MOTION: Suspend Bylaws Rules Regarding Associate Director Terms

Motion made to suspend rules of bylaws to allow two associate directors to expand their terms from two terms to a third term. Motion made by David Moore, seconded by Jani Maselli—motion carries with four opposed.

Motion made by Carol Powell, seconded by ________ to recommend to membership in June all proposed amendments except Robert’s Rules be recommended to membership—motion carries with two opposed.

Motion made by Craig Jett, seconded by John Ackerman, to accept Robert’s Rules of Order—motion carries with six opposed.

Motion by Carole Powell, seconded by Ray Rodriguez, for the following members to be inducted into the TCDLA Hall of Fame in June 2013: C. David Evans, George F. Luquette, and Richard Anderson—motion carries.

Motion made by David Moore, seconded by Susan Anderson, to induct C. David Evans, George F. Luquette, Richard Anderson, and Roy Minton into the TCDLA Hall of Fame—motion carries.

Special thanks to course directors Gary Trichter (Bandera), Troy McKinney (Houston), Doug Murphy (Houston, and associate course directors John Fox (San Antonio) and George Scharmen (San Antonio) for the Stuart Kinard Memorial Advanced DWI seminar held in San Antonio in November. Thanks to their efforts we had ___ attendees.

Special thanks to our course director, Stanley Schneider (Houston), for the Defending Those Accused of Sexual Assault held in Houston in December. Thanks to Stan and the speakers we had ____ attendees.

At Lydia Clay-Jackson’s direction, TCDLA developed a new Defending Clients Accused of Sexual Assault cheat sheet. Attendees at the Defending Those Accused of Sexual Assault seminar received a complimentary copy of the cheat sheet. The cheat sheet is now available at the TCDLA website.

TCDLA/CDLP will have five days of Capital training Feb­ruary 4–8, 2013, in San Antonio. February 4–6 will be the second Capital Case Litigation Initiative (CCLI), where criminal defense lawyers will bring their own capital case(s) to the training. February 7–8 will be a Capital/Mental Health seminar. Both seminars will be held at the historic Guenther Hotel in downtown San Antonio. So please make plans to come and enjoy the San Antonio Riverwalk and attend the outstanding capital seminars.

Please make plans to attend the Psychodrama training in Round Top January 9–13, 2013, at the unique Round Top Festival Institute. John Ackerman is our course director for the training.

The TCDLA Board of Directors invites you to attend the next quarterly board meeting on Saturday, March 9, at 10:00 am. The seminar and board meeting will both be at the Crowne Plaza Hotel in downtown Dallas.

The 37th Annual Texas Criminal Trial College (TCTC) will be held March 17–22, 2013, on the Sam Houston State University campus in Huntsville. Lydia Clay-Jackson (Conroe) and Tim Evans (Fort Worth) are Deans of Student and Faculty, respectively. Eighty lawyers will be accepted to the TCTC. Please help us recruit lawyers to attend. The application is on page 19 and on the TCDLA website at www.tcdla.com, or you can call the Home Office and have one faxed to you (512-478-2514). The deadline for the submission of the applications is noon, January 18, 2013.

A safe and enjoyable Holiday Season.

Good verdicts to all.

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