journal of the texas criminal defense lawyers association

President's ReportTHOMAS G. SHARPE, JR.At the time I took the oath of offtceas your president I was immediatelyconfronted with Stanley Weinberg's commentin the "Editor's Corner" of theJune issue of the VOICE. His concernrelated to the problem regatding theinvasion of an attorney's office byfederal enforcement officers in California.Even though no formal charges werelevied against the attorney, he obtainedan order from the federal court enjoiningfurther inspection and copying of documents,After enduring a court appointmentregarding a misdemeanor murder case inthe federal court in San Antonio, Texas,I was not shocked by the conduct of thefederal gwebent in California. In theSan Antonio case, we were faced withTitle 111 ordw of wiretaps and conversationsbetween attorneys and clients,husbands and wives, and recording ofconversations from the attorney interviewroam at the Harris County Jail.There also exists a movement inthis country by fedeml prosecutors toattempt disqualif~cation of criminal defwe lawyers on the premise that they areeither witnesses, unindicted cwonspirators,or parties to the offense. I supportthe position that the Association hastaken of enlisting our Strike-Force tocome to the aid of lawyers who findthemselves being steam-rolled by overzealous agents of both federal and stategovernments.If the privilege of attorney-client Barefoot. The decision, which touchesis to he more than a rule of evidence, at least 1,200 condemned murdererswe must obviously seek legislation at across the nation, establishes a shortcutthe state led to insure the safepards for the federal courts in speeding alongof confidentiality as it relates to those the handling of cases which attempt tofjles and documents we hold in mst for postpone exemtions. It must be notedour clients.that all of the executions scheduledAfter leaving the onnual meeting in are for violations of state law and thatFort Worth I sought higher ground in those persons seeking federal reviewColorado for a few days of rest and re- are clinging to the apron of the Concuperation.On July 1, 1983, a copy of stitution for relief.the Rocky Mauntain News' lead srov Fortunately, out civilization as it presceughtmy eye. It was entitled, "ODDS ently exists on fhis planet has ceasedFAVOR SLAY SUSPECTS IN JURY to eut off the hands of burglars as aTRIALS." The article involved a survey deterrent and no longer removes thewhich included dl homicide cases from tongues of the obscene and profane.1977 through 1982 filed in the Denver When you analyze the decision in theDistrict Court. Of the 79 cases that Barefoot case and compare it to thewent to jury trial, 28 resulted in acquit- statistics from Color& courts, themt&. In 23 of the cases the jury found may be some suggestion of light at thethe suspects guilty of lesser charges end of the turmel.than those brought by the district attor- The statesmustnowdeterminerhfirughney's office. In only 28 cases was the their respective governors and legialatotsdistrict atsorney succe8sful in ohtag if we are going to pay stihwe, te life wa guilty verdict on the chargeshe sought. to death. If we arc to mrpq &e,&The survey concluded that proof beyond of the eoademnea in a peried wfa @&a reasonable doubt was most difficult we would 6xecute at legst &w a-d#pid the majofity of these cases and that The~e k some s-tiotr th& &?fre'gda&jurors were not willing to take a chance of this countr~ WIU do? @Sf@ WSby inferring guilt where an element allow- &65~~-.1pild@k@~~kof the offense was not proven. ity. We nosf-cied PA le~%~~&$is'oaI recall the quote from Lbfd BamtG, the fe$ed cWS5 &e i$+ & &B ps"A jury can do justicewhereajudge d o only h& a Id, wi& sm&q @dPahas to follow the law may not." Q~L adequate safeguards at the $lab SWednesday, July 6th, the Suprema Court, protey our citizens &on& t h d+B~iitein a 6-3 vote, decided the ease of Thomas plinishment.August I9&3/VOICO for the Defm 3