Said & Done



Congratulations to Tracy Cluck of Austin on his PDR win. In December of last year, Tracy filed a PDR alleging four points of error. One of the points of error was that the 13th COA failed to address a properly raised and briefed point of sufficiency of the evidence to support a conviction for one of the two felony convictions. Tracy filed a Motion for Rehearing and Reconsideration en banc at the 13th to address the fact that the 13th failed to address the sufficiency of the evidence. The 13th denied his Motion for Rehearing and Reconsideration. The CCA denied Tracy’s PDR in April, and he filed a Motion for Rehearing and Reconsideration En Banc at the end of April. In his Motion for Rehearing, he stated verbatim and with emphasis: “Appellant specifically points out to this honorable court, that a properly raised and briefed point of error has never been reviewed, discussed, or even acknowledged, by an appellate court.” The CCA finally granted Tracy’s PDR after he knocked on their door twice. Seems the second time is a charm. Tracy was court-appointed from the very beginning on this case. Kudos, Tracy, on a job well done.

Congratulations to Betty Blackwell of Austin, former TCDLA president, who has been awarded the Warren Burnett Award by the Texas Bar for her decades of commitment to indigent defense, culminating in her outstanding leadership as chair of the Capital Area Private Defender Service board. Named for late legendary Texas lawyer Warren Burnett, the award recognizes Betty’s contributions to improving the quality of criminal legal representation for indigents in Texas. The award honors either an individual or organization for work in the courtroom, legislature, or in the public arena. Kudos, Betty, for a lifetime spent fighting the good fight.

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