About

This bi-annual conference features members of the Court of Criminal Appeals and judges from the intermediate courts around Texas joining prosecutors and defense attorneys for discussions on current issues facing the criminal system including: eyewitness ID, DNA testing, the right to in-court confrontation, and the law of expert evidence.

Program highlights include: a robust session on writs with all perspectives represented; updates on recent CCA and Supreme Court decisions and their anticipated impact on law and procedures; and practical "how to" advice from experts on oral arguments, writing briefs and getting your case to the appellate and keeping it there.

Event Schedule

  • Time
    Credit
    Subject
    Speaker
  • Wednesday Afternoon, Apr. 29, 2009
  • 12:30 pm
    Registration Opens

  • 1:20 pm
    Welcoming Remarks

  • 1:30 pm
    0.75 hr
    Court of Criminal Appeals Update

    David C. Newell, Harris County District Attorney's Office - Houston, TX

    A look at significant decisions issued by the Court of Criminal Appeals between May 2007 and April of 2009.
  • 2:15 pm
    1.00 hr
    Process, Practice and Decision-Making in the Intermediate Courts

    Moderator:
    Hon. Catherine M. Stone, 4th Court of Appeals - San Antonio, TX
    Panelists:
    Hon. Molly M. Francis, 5th Court of Appeals - Dallas, TX
    Panelists:
    Hon. J. Woodfin "Woodie" Jones, Third Court of Appeals - Austin, TX
    Panelists:
    Hon. Patrick A. Pirtle, Seventh Court of Appeals - Amarillo, TX

    Practical insights into the operations of the intermediate courts in criminal cases throughout the state.
  • 3:15 pm
    Break

  • 3:30 pm
    0.75 hr ethics
    Judicial Ethics: Courtesy and Respect Between Bench and Bar?

    Hon. Michael Keasler, Court of Criminal Appeals - Austin, TX

    As a result of this segment you will be able to: trace the history of judicial conduct codes; define ethics; list causes of judicial misconduct; and explore ways to respond to judicial abuse.
  • 4:15 pm
    0.75 hr
    Writing Effective Briefs

    Jay Robert Brandon, Law Office of Jay Brandon - San Antonio, TX

    Advice primarily from the consumers of briefs, appellate judges, on what to emphasize and leave out of appellate briefs, as well as tips on style and achieving the effect you want. Included: writing petitions for discretionary review that have a chance to be granted.
  • 5:00 pm
    0.50 hr
    New Appellate Rules

    Hon. Paul Womack, Court of Criminal Appeals - Austin, TX

    A review of recent appellate rule changes.
  • 5:30 pm
    Adjourn

  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning, Apr. 30, 2009
    Presiding Officer:
    Hon. Cheryl Johnson, Court of Criminal Appeals - Austin, TX
  • 8:30 am
    Conference Room Opens

  • 9:00 am
    0.75 hr
    Process of Getting to Appellate

    Getting into the appellate process and staying there. How to avoid getting thrown out for late filings, incomplete pleadings, etc. for both prosecutors and defense counsel.
  • 9:45 am
    1.00 hr ethics
    OMG — Did I Leave That in the Brief?

    Richard Alan Anderson, Federal Public Defender Northern Distri - Dallas, TX
    Edward "Chip" L. Wilkinson, Tarrant County District Attorney's Office - Fort Worth, TX

    Ethical issues for appellate counsel and their supervisors, including relationship with the court and counsel.
  • 10:45 am
    Break

  • 11:00 am
    0.75 hr
    Eyewitness ID: Present Methods and Suggested Changes

    Hon. Barbara P. Hervey, Court of Criminal Appeals - Austin, TX

    A look at the issues related to eyewitness identification; an overview of methods currently used and how they could be improved.
  • 11:45 am
    0.50 hr
    Continuing Crawford Conundrums

    Hon. Cathy Cochran, Court of Criminal Appeals - Austin, TX

    Update on the current scope of Crawford and the right to in-court confrontation as well as the current exceptions to that right. Ending with a few crystal ball predictions for the future.
  • Thursday Afternoon, Apr. 30, 2009
    Presiding Officer:
    Hon. Cheryl Johnson, Court of Criminal Appeals - Austin, TX
  • Luncheon Presentation

  • 12:15 pm
    Pick up Box Lunch

  • 12:30 pm
    1.00 hr
    Preservation of Error

    Richard E. Langlois, San Antonio, TX

    A review of recent appellate case law to analyze preservation of error claims for appellate review.
  • 1:30 pm
    Break

  • 1:45 pm
    3.75 hrs
    Anatomy of a Texas Writ
    This session includes a 15 minute break for attendees.

    Moderator:
    Catherine G. Burnett, South Texas College of Law - Houston, TX
    Panelists:
    Hon. Cathy Cochran, Court of Criminal Appeals - Austin, TX
    Panelists:
    Robert A. Morrow III, The Woodlands, TX

    Post-conviction challenges from investigation and drafting to litigating in Texas trial and appellate Courts. Panelists explore the realities of Texas writ practice and recommend best practices.
  • 5:45 pm
    Adjourn

    NOTE:  time based on 4 hours of Writs presentations
  • Time
    Credit
    Subject
    Speaker
  • Friday Morning, May 1, 2009
  • 8:30 am
    0.75 hr
    Oral Arguments: A Toolbox of Suggestions

    Hon. Kerry P. FitzGerald, Fifth Court of Appeals - Dallas, TX

    "May it please the Court" ...and now what? How do you capture the appellate court's undivided attention at the very beginning and hold it? How do you control the direction of the presentation and focus the court's collective genes on what can make or break the case? Is it a matter of persuade or perish?
  • 9:15 am
    1.00 hr
    DNA Testing: Types, Issues and What's New

    Marjorie I Bachman, Law Office of E.G. Morris - Austin, TX

    An overview of the types of DNA testing available, case examples demonstrating the advantages and drawbacks of each kind of testing, emerging technologies, and issues related to retesting of samples subjected to early forms of DNA testing.
  • 10:15 am
    0.75 hr
    Supreme Court Update

    Gary Alan Udashen, Sorrels, Udashen & Anton - Dallas, TX

    A review of Supreme Court cases and their impact on criminal law and procedures.
  • 11:00 am
    1.00 hr
    Current Developments in the Law of Expert Evidence: Daubert and Beyond

    David L. Faigman, University of California Hastings College of the Law - San Francisco, CA

    Explore current trends and issues in the law of expert evidence. A brief review of the basic standards associated with the Daubert test, both in how it was described in the trilogy of cases of Daubert, Joiner, and Kumho Tire, as well as its operation in Texas courts. Particular focus on how the Daubert test has been applied in criminal cases and recent controversies regarding the admissibility of certain of the forensic identification sciences. Other issues discussed: the applicability of Daubert to the so-called "soft social sciences," the use of court appointed experts and technical advisers, and what standard of appellate review should apply to expert evidence admissibility determinations.
  • 12:00 pm
    Adjourn

Conference Faculty

Richard Alan Anderson

Federal Public Defender Northern Distri
Dallas, TX

Marjorie I Bachman

Law Office of E.G. Morris
Austin, TX

Jay Robert Brandon

Law Office of Jay Brandon
San Antonio, TX

Catherine G. Burnett

South Texas College of Law
Houston, TX

Hon. Cathy Cochran

Court of Criminal Appeals
Austin, TX

David L. Faigman

University of California Hastings College of the Law
San Francisco, CA

Hon. Kerry P. FitzGerald

Fifth Court of Appeals
Dallas, TX

Hon. Molly M. Francis

5th Court of Appeals
Dallas, TX

Hon. Barbara P. Hervey

Court of Criminal Appeals
Austin, TX

Hon. J. Woodfin "Woodie" Jones

Third Court of Appeals
Austin, TX

Hon. Michael Keasler

Court of Criminal Appeals
Austin, TX

Richard E. Langlois

San Antonio, TX

Robert A. Morrow III

The Woodlands, TX

David C. Newell

Harris County District Attorney's Office
Houston, TX

Hon. Patrick A. Pirtle

Seventh Court of Appeals
Amarillo, TX

Hon. Catherine M. Stone

4th Court of Appeals
San Antonio, TX

Gary Alan Udashen

Sorrels, Udashen & Anton
Dallas, TX

Edward "Chip" L. Wilkinson

Tarrant County District Attorney's Office
Fort Worth, TX

Hon. Paul Womack

Court of Criminal Appeals
Austin, TX

Planning Committee

Hon. Barbara P. Hervey—Co-Chair

Court of Criminal Appeals
Austin, TX

Hon. Cheryl Johnson—Co-Chair

Court of Criminal Appeals
Austin, TX

William P. Allison

University of Texas School of Law
Austin, TX

Marjorie I Bachman

Law Office of E.G. Morris
Austin, TX

Diane Burch Beckham

Texas District & County Attorneys Association
Austin, TX

Hon. Cathy Cochran

Court of Criminal Appeals
Austin, TX

Hon. Kerry P. FitzGerald

Fifth Court of Appeals
Dallas, TX

Jeffrey S. Garon

Collin County Criminal District Attorney's Office
McKinney, TX

Cynthia Hampton

Attorney at Law
Austin, TX

Hon. J. Harvey Hudson

Fourteenth Court Of Appeals
Houston, TX

Hon. Michael Keasler

Court of Criminal Appeals
Austin, TX

Erik Anthony Nielsen

Texas District & County Attorneys Associ
Austin, TX

Lindsey Charles Roberts

Williamson County District Attorney's Office
Georgetown, TX

Stephanie L. Stevens

Saint Mary's School Of Law
San Antonio, TX

Credit Info

MCLE Credit
A Texas MCLE Reporting Form will be included in your course materials. Please complete and return to the registration desk and UT Law CLE will report credit on your behalf to the State Bar of Texas, or you can self-report your credit directly to the State Bar of Texas at texasbar.com. A Certificate of Attendance will be provided at the conference to keep for your records.  
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. Self-report your CLE credit directly to the State Bar of California at calbar.ca.gov. You will receive a Certificate of Attendance at the conference to keep for your records. UT Law CLE will maintain Attendance Records for four years.  
Note on Self-Reporting Your Credits in Another State
If you wish to satisfy MCLE or other professional education requirements in another state for a program offered by the University of Texas School of Law, please check with the state bar or other licensing authority in that state before taking the program to ensure it will qualify for self-reporting your credits.
Other Credit
The University of Texas School of Law (Provider #250) live conferences are presumptively approved by The Texas State Board of Public Accountancy for Texas Accounting CPE credit based on a 50-minute credit hour. Approved for general CPE credit only.

At the conference, you will need to sign in on the Accounting CPE Record of Attendance form at the registration desk. You will receive a Texas Accounting Certificate of Completion at the conference for your records. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.  

Contact Laura Tolin, ltolin@law.utexas.edu, if you have additional questions.

Key Dates

Austin – Apr 29 - May 1, 2009 – Radisson Hotel and Suites on Town Lake
Conference Concluded
Buy
Austin
Last day for Standard Registration early registration: Apr 22, 2009

Add $50 for registrations received after this time

Last day for cancellation (full refund): Apr 24, 2009
Last day for cancellation (partial refund): Apr 27, 2009

$50 processing fee applied

Venue

speaker

111 E. Cesar Chavez Street
Austin, TX
512.478.9611 (reservations)

Accommodations

$145.00 good through Mar 29, 2009

Parking Information

Event Parking $6 day; Overnight $15/day

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