University of Texas School of Law
2009
Conference on Criminal Appeals
Austin Apr 29 - May 1, 2009 Radisson Hotel and Suites on Town Lake
Conference Concluded
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UT Law CLE

2009 Conference on Criminal Appeals

Program Features
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.

UT Law CLE

2009 Conference on Criminal Appeals

2/29/20
Schedule

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

A look at significant decisions issued by the Court of Criminal Appeals between May 2007 and April of 2009.

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

2:15 pm

1.00 hr

Process, Practice and Decision-Making in the Intermediate Courts

Practical insights into the operations of the intermediate courts in criminal cases throughout the state.

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

3:15 pm
Break

3:30 pm

0.75 hr ethics

Judicial Ethics: Courtesy and Respect Between Bench and Bar?

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.

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

4:15 pm

0.75 hr

Writing Effective Briefs

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.

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

5:00 pm

0.50 hr

New Appellate Rules

A review of recent appellate rule changes.

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

5:30 pm
Adjourn

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?

Ethical issues for appellate counsel and their supervisors, including relationship with the court and counsel.

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

10:45 am
Break

11:00 am

0.75 hr

Eyewitness ID: Present Methods and Suggested Changes

A look at the issues related to eyewitness identification; an overview of methods currently used and how they could be improved.

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

11:45 am

0.50 hr

Continuing Crawford Conundrums

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.

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

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

A review of recent appellate case law to analyze preservation of error claims for appellate review.

Richard E. Langlois, San Antonio, TX

1:30 pm
Break

1:45 pm

3.75 hrs

Anatomy of a Texas Writ

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.

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

5:45 pm
Adjourn

NOTE:  time based on 4 hours of Writs presentations

Friday Morning, May 1, 2009

8:30 am

0.75 hr

Oral Arguments: A Toolbox of Suggestions

"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?

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

9:15 am

1.00 hr

DNA Testing: Types, Issues and What's New

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.

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

10:15 am

0.75 hr

Supreme Court Update

A review of Supreme Court cases and their impact on criminal law and procedures.

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

11:00 am

1.00 hr

Current Developments in the Law of Expert Evidence: Daubert and Beyond

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.

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

12:00 pm
Adjourn

UT Law CLE

2009 Conference on Criminal Appeals

Faculty

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

UT Law CLE

2009 Conference on Criminal Appeals

Credit Information

MCLE Credit

Texas
15.00 hrs  |  2.25 hrs Ethics
Legal Specialization(s): Criminal Law
Additional Information
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.  
California
Additional Information
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.  
Other States
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

TX Accounting CPE
18.00 hrs
Additional Information
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.  

UT Law CLE

2009 Conference on Criminal Appeals

Key Dates

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

UT Law CLE

2009 Conference on Criminal Appeals

Hotel / Venue

Austin

Radisson Hotel and Suites on Town Lake

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

UT Law CLE

2009 Conference on Criminal Appeals

Sponsors