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2009

Conference on Criminal Appeals

Austin Apr 29 - May 1, 2009 Radisson Hotel and Suites on Town Lake
Conference Concluded
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Overview

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.

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Event Schedule

Program is subject to change.
All times are Central Time Zone.

  • Day 1 April 29, 2009
  • Day 2 April 30, 2009
  • Day 3 May 1, 2009
  • 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
    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

  • 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?
    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

  • Time
    Credit
    Subject
    Speaker
  • 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

  • Day 1 April 29, 2009
  • Day 2 April 30, 2009
  • Day 3 May 1, 2009
Download Schedule

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

  • Austin
MCLE Credit
Toggle view Texas – 15.00 hrs  |  2.25 hrs Ethics
Legal Specialization(s): Criminal Law
You may claim your credit online in Your Briefcase, and UT Law CLE will report credit on your behalf to the State Bar of Texas. A Certificate of Attendance will be provided in Your Briefcase for your records. The system reports Texas CLE credit every Tuesday. If you are claiming credit in the last week of your birth month, self-report your CLE credit directly to the State Bar of Texas at texasbar.com, using the course number  provided on your certificate of attendance.
Toggle view California – 0.00 hr
You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. UT Law CLE is required to provide the State Bar with electronic attendance records for any MCLE participatory activity within 60 days of completion of the activity. The California licensee is responsible for reporting their compliance/credit hours earned to the State Bar at the end of their reporting period directly to the State Bar of California at calbar.ca.gov.  UT Law CLE will maintain Attendance Records for four years.  
Other Credit
Toggle view TX Accounting CPE – 18.00 hrs
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 are welcome to sign in on the Accounting CPE Record of Attendance form at the registration desk, but we are now reporting all credit online. You will receive a Texas Accounting Certificate of Completion in Your Briefcase. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.  

Contact us at accreditation@utcle.org if you have additional questions.

Key Dates

Austin – Apr 29 - May 1, 2009 – Radisson Hotel and Suites on Town Lake
Conference Concluded
Buy
  • Austin
Standard Registration
Last day for $395.00 Regular pricing: Apr 22, 2009

$445.00 for registrations received after this time

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

$50 processing fee applied after this date

Last day for cancellation: Apr 27, 2009

Venue

speaker

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

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