CONTENTS v01. 18, NO. 10 FEATURE ARTICLES - Voice For The ...

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JOURNAL OF THE TEXAS CRIMINALDEFENSE LAWYERS ASSOCIATIONVOICE for Ilte Defeme (ISSN 0364-2232) i!published monthly by the Texas CriminaDefense Lavers Assaciatian, 600 W. 13thAustin, Texas78701, (512)478-2514, Annuasubscriplion rate for members of the assaciation is $100, which is included indues. Secancclass postage paid at Austin, Texas. POST.MASTER: Scnd address changes to VOICE foiIlzeDefnre. 600 W. 13th. Austin, Tems78701.All articles and other editorial contribution:should be addressed lo theeditor. Kerry P. Fin.Gerald, Reverchon Plazaat TurtleCreek, Suilt1350.35W Maple Avc., Dallas, Tcxas75219.Advenising inquiries and mntracls sent to Allerdonnaliy, Arfforms, Inc., 6201 Guadalupe,Austin, Texas 78752 (512) 451-3588.EDITORSEditor, VOICE fortlie DefeweKerry P. FitzGeraldDllllaskwciate EditorJackV. StricklandFblf WorthBusiness EditorF.R. "Buck" Files, Jr.TylerFAitor, Significant Deeisiom ReportCatherine Greene BumcltHoustonOFFICERSPresident1.A. "Jim" BobaOdessaPresidenl-EleetTimEvansFort WorthFirst Vice-F'msidentRichard Alan AndenonDallasSecond ViceResidentGerald H. GoldstcinSan AntonioSecretarymeasurerDavid R. BiresHowtonAssistant Secwtary/lka~urerRonald L GoransonDallasSTAFFExecutive DlmetorJohn C. BostonAdnlinistrative AssistantLillim SummarellSeerffaryShannon MclntoshBwkkeeperEecretaryLinda Shurnate@ 1989 TEXAS CRIMINAL DEWNSELAWYERS ASSOCIATIONJune 1989 CONTENTS v01. 18, NO. 10FEATURE ARTICLES6 Star Wars in the Courtroomby Justice Charles Bleil. Sixth Corrrt ofAppeuls andArdge Charles F. Campbell, Jr., Texas Court of Crinrirml Appealswit11 assisiarrcefro~n Joan Chachere14 Opening the Door to Extrinsic OffensesThrough Misleading Blanket Statementsby Prof: Frederick C. Moss20 The TCDLA Speakers Bureauby Tim Evans23 The Texas Law of Deadly Weawnsby Kevin Wilson25 Killer Mistakes by the Prosecutor in Adjudication and Transfer Proceedingsbv Robert 0. Duwsori27 DWI Litigation Part IVby J. Gary TrichterCOLUMNS3 President's Column 33by J.A. "Jirrr " Bobo4 Editor's Columnby Kerry P. FitzGeraldSDR1-8 Significant Decisions Report3826 The Federal Comer 40by F. R "Buck" Files, Jr.42Motion Practice: Motion for Juryat Guilty/Not Guilty Stageby Joseplr A. Corrnors, IIIAppellateDevelopmentsby Walter M. Reaves, Jr.A View from the Benchby Chief Justice Craig T. EIIOCIIIn and Around Texasby Jo111r Boston5 Lawyers' Assistance Conunittee 43 Memorandum to All Attorneys7 Index to Advertisers Arguing Before the Court17 Publications for Sale of Criminal Appeals35 CDLP/TCDLA Senunar ScheduleEduard A. hlalletl, Hourton (1988-I9891Charles 0. Butts. San Antonio, (1987-88)Knar Jones, McAllen (1986-87)Luuir Dugas. Jr., Orange (1985-861Clinon L. "Scrappy" ~otmes. hngview (1984-85)Thomas G. Sharpe, Ir., Bra~~~niville (1983-84)Clilford W. Brawn, hbbock (1982.83)Charles M. McDonald, Wac0 (1981-82)Rhrt 0. Jones, Auslin (1980-81)DIRECTORSWebb Bid, PairIfavidL Bot~fonl.A"~tinWiltianl A. Bratton.111, DallaStanBrorn,AbilcncCharlaL~~~on.DullaDick DeCuerin. H-tmFR. "BacYFdc;r,TylcrR d d "Rmty" Cuycr, Sam Antonio\Wllim"Bill"THabem, Sugarlandhlul C. Hd1,LubbockJohnHmah,TylerHarry R. Heard. langvicwIcky Hinkley, MiJlanlRobenC.Hiaon, DallasFdhckson,DdlorJeRKemy, Fon W dLynn hsalone. WarnPAST PRESIDENTSEAgarA, hlas~",miltasIohnH. Mller,lr, SintonB. G. ''&my Morris. AustinRobcrt A. Prim. 1V. San Antonio.. .MarkSteww. San Antoniolack V. trickl lad. Fort WMhI. hglas Tinker, CaplsChris,iR&rt Gqwy nmr, HmtonStanlev I. \Veinbere. DaIIacVinem Walker Perini, Dallas (1979-80)George F. Luquette. Hwrton (1978-79)Emmett Colvin. Dallas (1977-781C. Anthony Frilour. Ir., Hauston (1972-73)Frank Maloney. Austin (1971-72)mules Lanehan. LubbockDavid Mitrhan~HounonIhonw S. Berg. HouitonBetty BlacL?\~ll.AurlinhfichaelP. Hcislell. Fort Wonhlun WooJwrd Fox, HoustonMark G. Dmiel. Fm \VMh
A new year is about to begin for TexasCriminal Defense Lawyers Association.Ed Mallett is ready to retire and pass thereins of leadership to me. Ed has workedhard and tried to do many things for theAssociation this past year. Please let himknow how much you appreciate the time,work, and effort he has expended for theAssociation and its members.Each time a new president takes office,he has grand ideas on how to run the Association,and many goals he wants to attain.There are many things I would like tosee the Association accomplish. Two mainareas are membership and our financialstatus. Those two areas go hand in hand.We are approximately 1,200 membersstrong at this time. We really need to be2,5W members strong to enablens to havea large impact on things that occur in thelegisTatureand to ha~eistron~ voice in theStateBar. The Association, togrow, needsto be responsive to our members' needsanddesires. As a whole, I think theassociationdoes a good job in educating ourmenlbersthrough the Voice for the Defetise andcontinuing legal education. The Sig-~@caiit Decisions contained in each issueof the Voice is the best update on the Courtof Cnminal Appeals that anyone can obtainshort of reading each and every publishedopinion of the court.The area that I feel the Associationneeds to improve upon is members andtheir needs. I know our Association hasbeen very helpful to a number of attorneysin the recent past; and I know we have beenhuman and dropped the ball a few times.I'm honest enough to admit amistake whenit's made; and I'm forthright enough toassure you that the Association willtoughen up and make sure our members arereally helped and that any mistakes whichare made ai-erectified. In short, Icanassnreyou that the Association can and will reactto our members' needs.The Association has a good staff. Thoseof you who do not know them personallywill hopefully get to know them throughthis column. Shannon McIntosh is oursecretary who deals primarily with membershipapplications. In reality, Shannon isPresident's ColumnImportance of Membership to TCDLAa jack-of-all-trades. She does a little bit ofeverything 'om answering the telephoneto handling our most important senunars.She is adistinct asset to our Association.Lillian Summarell, our administrativeassistant, is a transplanted Bronx/Bostonian.Lillian has the heart of alioness andthe connections and experience of a wellseasonedtracker and guide. She handlesthe matter we have with the State Bar,handles our accounting, plans our housingarrangements for seminars, communicateswith our speakers, coordinates the hideswith the printer, attends almost every oneof our seminars, attends and records all ofthe minutes of the board meetings and executivesessionsfor the Association, TexasCriminal Defense Lawyers Project and theEducational Institute. In her spare time sheis the administrative assistant fortheTexasCriminal Defense Lawyers Project, andlast hut not least, because she was a childbride is now a very busy grandmother.John Boston is your executive director.Not only was he a flying member ofSemper Fi, but he handles recruiting ofnew members, helps plan our programs forseminars, coordinates our activities withthe State Bar, answers to the executivecommittee and officers, and attends allsenunm and board meetings whiie keepingabreast of political developn~ents inAustin as well as the rest of the state.During his spare time, John is executivediector of the Defense Lawyers Projectand a practicing attorney.As each of you can see, our small staffhas lots of jobs and responsibilities. Eachof them has a job because of you. Pleasecall upon them when yon need them. Iwouldask, however, that younot give thema lot of "busy work" that could easily beacconlplished by your own staff. Whenyou need help, call any of these people atthe home office and they will be back intouch with you as soon as possible. Eachone of them wants to aid and assist all ofour members that they possibly can. Manytimes ourstaffis travelingand yourrequestneeds to be put on our answering machineso that they can get back to you when theycall in to get messages off the machine.J. A. "Jim" BobnMany times we have members or officersand directors who call up and say"make my reservations," which is somethingthaicouldveryeasilybedoneby eachpractitioner's oftice staff. When you needhelp in any legal matters or any Associationmatters,thestaffwants tohelp youandwill help you as fast as can possibly beaccomplished.In discussing membership, I would beremiss ifIdid not state that the Associationis failing to reach a huge potential of membersin the Dallas and Hanis County area.I know that therearegood lawyers in thoseareas that are members of their criminalcounty bar associations and not membersof Texas Criminal Defense Lawyers Association.To beeffectivein thelegislatureand the State Bar, we need all the lawyersacross the state as well as those in thespecific areas I have just mentioned. Weneed each and every lawyer who handlescourt appointments across the state. Theattorney who gets an occasional court appointmentprobably has a greater need forour Association than an attorney who isboard certified in crininal law. The solepractitioner can benefit greatly if in noth-June 1989 1 VOICE for the Defeme 3
Page 4 and 5: The Voice is privileged to honor on
Page 6 and 7: Star Wars in the Courtroomby Justic
Page 11 and 12: attack to the police and submitted
Page 13 and 14: in which she said that she was afra
Page 15 and 16: with later proof. The term "collate
Page 17 and 18: tendencies, and, on cross, he gratu
Page 19 and 20: ANNOUNCING THE 1989 EDITIONS OF THE
Page 21 and 22: C. Concern about the crime problems
Page 23 and 24: ISIGNIFICANTDECISIONS .REPORT Edito
Page 25 and 26: ~~ ~ ~-~~~~opportunity to cross exa
Page 27 and 28: court would find Ws testimony true
Page 29 and 30: d,< -tive "issues of ultimate fact"
Page 31 and 32: The Texas Law of Deadly Weaponsby K
Page 33 and 34: Killer Mistakes by the Prosecutor i
Page 35 and 36: Table of ContentsXXIV. Jury Charges
Page 37 and 38: (Tex.App. -Dallas, 1983).-held'~t i
Page 39 and 40: Note: The court noted at 407 thatap
Page 41 and 42: Motion Practice: Motion for Juryat
Page 43 and 44: ot an opportunity to be heard and t
Page 45 and 46: 559. 561 ITex.Civ.Ann. - Fort Worth
Page 47 and 48: or the potential error, and put a c
Page 49 and 50: strangely, theattomey failed to see
Page 51: specific allegation then under cons

CONTENTS v01. 18, NO. 10 FEATURE ARTICLES - Voice For The ...

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