UT Law Continuing Legal Education

2023 Robert O. Dawson

Conference on Criminal Appeals

Austin May 10-12, 2023 Sheraton Austin Hotel at the Capitol
$550 Individual | $600 after May 3

$495 Group rate per person (5 registrants minimum) | $545 after May 3

$440 Group rate per person (10 registrants minimum) | $490 after May 3

Live Webcast May 10-12, 2023
$550 Individual | $600 after May 3

$495 Group rate per person (5 registrants minimum) | $545 after May 3

$440 Group rate per person (10 registrants minimum) | $490 after May 3

Register

Related products: Materials

RECEPTION SPONSOR
Criminal Justice Section of the State Bar of Texas
Appellate Section of the State Bar of Texas

Download Brochure (PDF)

Overview

UT Law CLE's 2023 Robert O. Dawson Conference on Criminal Appeals features members of the Court of Criminal Appeals and judges from the intermediate courts around Texas joining prosecutors and defense attorneys for balanced discussions and insights into current issues facing the criminal justice system, including:

A review of significant decisions from both the Texas Court of Criminal Appeals and the U.S. Supreme Court from the past year.
Gain insight into practical suppression issues on appeal and how to protect your record for appellate practice.
Hear practical advice from judges during two judicial panels; the Court of Appeals Judicial Panel and the Court of Criminal Appeals Judicial Panel.
Explore standards of review, writing findings of fact, statutory interpretation, and more.

Join your colleagues and conference faculty at the Wednesday Evening Opening Reception co-sponsored by the Criminal Justice Section of the State Bar of Texas and the Appellate Section of the State Bar of Texas.

Following the conference, attendees will receive a bonus eSupplement containing an additional hours of MCLE to ensure that Texas practitioners can earn their required 15.00/3.00 MCLE hours for the year.

Event Schedule

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

Time

Credit

Subject

Speaker
Wednesday Afternoon
Presiding Officer:
Hon. Barbara P. Hervey, Texas Court of Criminal Appeals - Austin, TX (Invited)
12:30 pm
Austin Only

Registration Opens

Includes light refreshments.
1:20 pm

Welcoming Remarks
1:30 pm

1.00 hr

Significant Decisions of the Texas Court of Criminal Appeals

Analyze significant decisions in the last year and what they mean for criminal law practitioners.

Hon. David C. Newell, Texas Court of Criminal Appeals - Austin, TX
2:30 pm

1.00 hr

Supreme Court Update

Hear an update on criminal law and criminal procedure cases relevant to Texas criminal appellate practice that were heard and decided by the United States Supreme Court in the 2022 term, and get a preview of hot cases in the pipeline for the 2023 term.

Jennifer E. Laurin, The University of Texas School of Law - Austin, TX
3:30 pm

15-Minute Break
3:45 pm

0.50 hr

What’s the Meaning of This? Making Sense of Statutory Interpretation

Discover how courts find meaning through applications of well-known and obscure canons of construction, explore the convergence and divergence of judicial philosophies to interpretation, and probe recent developments in the law of interpretation.

Emily Johnson-Liu, Office of the State Prosecuting Attorney - Austin, TX
4:15 pm

1.00 hr

Writs

Discuss the law of 11.07 habeas corpus with tips for writ practice at the Court of Criminal Appeals.

Michael Staats Falkenberg, Harris County Public Defender's Office - Houston, TX
5:15 pm
Austin Only

Adjourn to Reception (5:16 p.m. - 6:15 p.m.)

Enjoy refreshments and a networking opportunity with colleagues and conference faculty.

THANK YOU TO OUR RECEPTION SPONSORS

Criminal Justice Section of the State Bar of Texas
Appellate Section of the State Bar of Texas

Time

Credit

Subject

Speaker
Thursday Morning
Presiding Officer:
Hon. David C. Newell, Texas Court of Criminal Appeals - Austin, TX (Invited)
8:30 am
Austin Only

Conference Room Opens

Includes continental breakfast.
9:00 am

1.00 hr

Appellate Practice 101

"Get your fundamentals down and the level of everything you do will rise” – Michael Jordan. Practical tips and TRAP awareness for better brief writing and advocacy in every stage of the appellate process, whether it’s your first appeal or hundred and first.

Britt Houston Lindsey, Taylor County District Attorney's Office - Abilene, TX
Hon. Jeff Propst, 104th District Court - Abilene, TX
10:00 am

0.50 hr

Plot Ye Course: Petitions for Discretionary Review and Motions for Rehearing

Plot ye course for (1) filing a Petition for Discretionary in the Court of Criminal Appeals after you’ve been marooned on loser island by an intermediate court of appeals and (2) seeking rehearing after the Court of Criminal Appeals tells you to walk the plank.

Stacey M. Soule, Office of the State Prosecuting Attorney - Austin, TX
10:30 am

15-Minute Break
10:45 am

0.50 hr

Mandamus

Learn rules governing the form and content of petitions for writ of mandamus, as well as jurisdictional and substantive requirements to obtain mandamus relief, from both a defense and prosecution perspective.

Hon. Rosa Theofanis, Third Court of Appeals of Texas - Austin, TX
11:15 am

0.50 hr

Chapter 64 Motions

A brief overview on the legal and ethical considerations for Chapter 64 Motions.

Sarah Moore, Lamesa, TX
11:45 am

0.50 hr

Forensic Evidence and Appeals

Address forensic science issues on appeal.

Carson R. Guy, Texas Court of Criminal Appeals - Austin, TX
12:15 pm
Austin Only

Pick Up Lunch (in Austin)

Included in registration.
Thursday Afternoon
Presiding Officer:
Hon. David C. Newell, Texas Court of Criminal Appeals - Austin, TX (Invited)
12:35 pm

0.75 hr

“More is Lesser” Defense Instructions

A discussion on recent decisions from the Court of Criminal Appeals involving defensive instructions including self-defense, necessity, and a potpourri of other defenses.

Hon. Jesse McClure, Texas Court of Criminal Appeals - Austin, TX
1:20 pm

15-Minute Break
1:35 pm

0.75 hr

Practical Suppression Issues on Appeal

A discussion on preserving at the trial level, for appellate purposes, 4th Amendment search and seizure issues and presenting these issues on appeal.

Michael C. Gross, Gross & Esparza, P.L.L.C. - San Antonio, TX
Nathan E. Morey, Bexar County District Attorney's Office - San Antonio, TX
2:20 pm

0.50 hr

Preservation of Error for the Appellate Practitioner

Highlighting the best practices and common mistakes related to preservation in the trial court and how to make the best of error on appeal to ensure a better appellate outcome.

Carmen Roe, Carmen Roe Law Firm, PLLC - Houston, TX
2:50 pm

10-Minute Break
3:00 pm

0.75 hr ethics

Beyond “If you have to ask…”: Understanding Brady and the Michael Morton Act in 2023

The Court of Criminal Appeals issued the landmark case of Watkins v. State in 2021, offering the Court’s interpretation of key language in the Michael Morton Act. The Court explained that the Act “removes procedural hurdles to obtaining discovery, broadens the categories of discoverable evidence, and expands the State’s obligation to disclose.” Since then, Texas courts have issued several more published cases interpreting Watkins, Brady, and the Act itself. This presentation will explore the path that this precedent has taken and where it may be headed next.

Holly Taylor, Travis County District Attorney - Austin, TX
3:45 pm

1.00 hr
0.25 hr ethics

A Peek Behind the Curtain

Court of Appeals justices discuss what goes into their decision-making, how to make them more receptive to your briefs (or not), and other factors to improve your appellate practice. Audience members will have the chance to ask questions. Please submit your questions in advance to ConferenceQA@utcle.org.

Moderator:
Jay Brandon, Bexar County District Attorney's Office, Appeals Section - San Antonio, TX
Panelists:
Hon. Sarah Beth Landau, First Court of Appeals of Texas - Houston, TX
Hon. Gisela D. Triana, Third Court of Appeals of Texas - Austin, TX
4:45 pm

Adjourn

Time

Credit

Subject

Speaker
Friday Morning
Presiding Officer:
Hon. Barbara P. Hervey, Texas Court of Criminal Appeals - Austin, TX (Invited)
8:30 am
Austin Only

Conference Room Opens

Includes continental breakfast.
9:00 am

1.00 hr ethics

Ethics of Criminal Appellate Practice

Ethical representation is required at the appellate level as well as the trial level. Explore rules of ethics and situations specifically centered on appellate representation.

Stephanie L. Stevens, St. Mary's University School of Law - San Antonio, TX
10:00 am

0.50 hr

Standards of Review: What Chance Does My Argument Have of Prevailing on Appeal?

An overview of the most common standards for reviewing trial court rulings on appeal as well as suggestions for effectively synthesizing the applicable standard of review with the pertinent facts and controlling authority for issues presented in any case.

Michelle R. Townsend, Ector County District Attorney's Office - Odessa, TX
10:30 am

15-Minute Break
10:45 am

0.50 hr

Drafting Findings of Fact and Conclusions of Law

Practical tips for post-conviction litigators: drafting proposed Findings of Fact; increasing the likelihood they will be adopted; and framing the issues for favorable review.

Catherine G. Burnett, South Texas College of Law Houston - Houston, TX
11:15 am

1.00 hr
0.25 hr ethics

Court of Criminal Appeals Judicial Panel

Hear a panel of judges respond to your frequently—and sometimes infrequently—asked questions. Please submit your questions in advance to ConferenceQA@utcle.org.

Moderator:
Alison Fox Dahlberg, Texas Court of Criminal Appeals - Austin, TX
Panelists:
Hon. Barbara P. Hervey, Texas Court of Criminal Appeals - Austin, TX
Hon. Jesse McClure, Texas Court of Criminal Appeals - Austin, TX
Hon. David C. Newell, Texas Court of Criminal Appeals - Austin, TX
Hon. Bert Richardson, Texas Court of Criminal Appeals - Austin, TX
12:15 pm

Adjourn

Download Schedule

Conference Faculty

Jay Brandon

Bexar County District Attorney's Office, Appeals Section
San Antonio, TX

Catherine G. Burnett

South Texas College of Law Houston
Houston, TX

Alison Fox Dahlberg

Texas Court of Criminal Appeals
Austin, TX

Michael Staats Falkenberg

Harris County Public Defender's Office
Houston, TX

Michael C. Gross

Gross & Esparza, P.L.L.C.
San Antonio, TX

Carson R. Guy

Texas Court of Criminal Appeals
Austin, TX

Hon. Barbara P. Hervey

Texas Court of Criminal Appeals
Austin, TX

Emily Johnson-Liu

Office of the State Prosecuting Attorney
Austin, TX

Hon. Sarah Beth Landau

First Court of Appeals of Texas
Houston, TX

Jennifer E. Laurin

The University of Texas School of Law
Austin, TX

Britt Houston Lindsey

Taylor County District Attorney's Office
Abilene, TX

Hon. Jesse McClure

Texas Court of Criminal Appeals
Austin, TX

Sarah Moore

Lamesa, TX

Nathan E. Morey

Bexar County District Attorney's Office
San Antonio, TX

Hon. David C. Newell

Texas Court of Criminal Appeals
Austin, TX

Hon. Jeff Propst

104th District Court
Abilene, TX

Hon. Bert Richardson

Texas Court of Criminal Appeals
Austin, TX

Carmen Roe

Carmen Roe Law Firm, PLLC
Houston, TX

Stacey M. Soule

Office of the State Prosecuting Attorney
Austin, TX

Stephanie L. Stevens

St. Mary's University School of Law
San Antonio, TX

Holly Taylor

Travis County District Attorney
Austin, TX

Hon. Rosa Theofanis

Third Court of Appeals of Texas
Austin, TX

Michelle R. Townsend

Ector County District Attorney's Office
Odessa, TX

Hon. Gisela D. Triana

Third Court of Appeals of Texas
Austin, TX

Planning Committee

Hon. Barbara P. Hervey—Co-Chair

Texas Court of Criminal Appeals
Austin, TX

Hon. David C. Newell—Co-Chair

Texas Court of Criminal Appeals
Austin, TX

Joanna Jefferson—Director

The University of Texas School of Law
Austin, TX

Jay Brandon

Bexar County District Attorney's Office, Appeals Section
San Antonio, TX

Alison Fox Dahlberg

Texas Court of Criminal Appeals
Austin, TX

Michael Staats Falkenberg

Harris County Public Defender's Office
Houston, TX

Carson R. Guy

Texas Court of Criminal Appeals
Austin, TX

Stephanie L. Stevens

St. Mary's University School of Law
San Antonio, TX

Lisa Dotin Stewart

Travis County District Attorney's Office
Austin, TX

MCLE Credit

Texas – 13.25 hrs | 2.25 hrs Ethics
Legal Specialization(s): Expected for Criminal Law, Expected for Criminal Appellate 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 Monday. 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

California – 13.25 hrs | 2.25 hrs Ethics

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 must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. UT Law CLE will maintain Attendance Records for four years.

Oklahoma – Expected – 16.00 hrs | 2.75 hrs Ethics

At the conference, you will need to sign in on the Record of Attendance form at the registration desk. You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the conference.

Pennsylvania – 13.00 hrs | 2.00 hrs Ethics

UT Law CLE is an approved provider of Pennsylvania credit, sponsor #236. You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. You may also be required to sign-in at the registration desk if you are attending in-person - please see staff onsite for more details. Attorney attendance will be reported to Pennsylvania within 2 weeks of the webcast conclusion. Attorneys are not able to report this credit on their own, and UT Law CLE pays all associated fees for the credit hours. Contact Laura Tolin, ltolin@law.utexas.edu, if you have additional questions.

Other States – 13.25 hrs | 2.25 hrs Ethics

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 to ensure it will qualify for self-reporting your credits.

At the conference, you will need to sign in on the Record of Attendance form at the registration desk. You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records.

MCLE credit is presented based on a 60-minute credit hour.

Other Credit

TX Accounting CPE – 16.00 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 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.

MCLE Credit

Texas – 13.25 hrs | 2.25 hrs Ethics
Legal Specialization(s): Expected for Criminal Law, Expected for Criminal Appellate Law

UT Law CLE will report credit to the State Bar of Texas on your behalf. If you are claiming credit in the last week of your birth month, self-report your credit directly to the State Bar of Texas at texasbar.com. A Certificate of Completion will be emailed to you upon claiming credit.

California – 13.25 hrs | 2.25 hrs Ethics

Self-report your CLE credit directly to the State Bar of California at calbar.ca.gov. Print and keep the Certificate of Completion for your records. A Certificate of Completion will be emailed to you upon claiming credit.

Oklahoma – Expected – 16.00 hrs | 2.75 hrs Ethics

The University of Texas School of Law (Provider #169) live webcast presentations meet the requirements and are presumptively approved by the Oklahoma Bar Association for MCLE credit based on a 50-minute credit hour. This accreditation requires attendance verification. In compliance with the rules, UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. The response record is detailed on the Certificate of Completion.

To claim Oklahoma MCLE credit, Oklahoma credit option must be selected PRIOR to viewing the live webcast. Upon claiming credit, a Certificate of Completion will be emailed to you. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the webcast.

Pennsylvania – 13.00 hrs | 2.00 hrs Ethics

UT Law CLE is an approved provider of Pennsylvania credit, sponsor #236. Attorney attendance will be reported to Pennsylvania within 2 weeks of the webcast conclusion. Attorneys are not able to report this credit on their own, and UT Law CLE pays all associated fees for the credit hours. Contact Laura Tolin, ltolin@law.utexas.edu, if you have additional questions.

Other States – 13.25 hrs | 2.25 hrs Ethics

Note on Self-Reporting Your Credits in Another State

To claim Other States MCLE credit, Other States credit option must be selected PRIOR to viewing the live webcast. You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records.

This accreditation requires attendance verification. UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. The response record is detailed on the Certificate of Completion.

MCLE credit is presented based on a 60-minute credit hour.

Other Credit

TX Accounting CPE – 16.00 hrs

The University of Texas School of Law (Provider #250) live webcast presentations meet the requirements and 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.

This accreditation requires attendance verification. In compliance with the rules, UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. The response record is detailed on the Certificate of Completion.

To claim Texas Accounting CPE credit, the Texas Accounting CPE credit option must be selected PRIOR to viewing the live webcast. Upon claiming credit, a Certificate of Completion will be emailed to you. Self-report your CPE credit directly to the Texas State Board of Public Accountancy.

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

Key Dates

Austin – May 10-12, 2023 – Sheraton Austin Hotel at the Capitol

Live Webcast – May 10-12, 2023

Austin

Last day for Individual early registration: May 3, 2023

Add $50 for registrations received after this time

Last day for Group (5 registrants minimum) early registration: May 3, 2023

Add $50 for registrations received after this time

Last day for Group (10 registrants minimum) early registration: May 3, 2023

Add $50 for registrations received after this time

Last day for cancellation (full refund): May 5, 2023

$50 processing fee applied after this date

Last day for cancellation: May 8, 2023

Live Webcast

Last day for Individual early registration: May 3, 2023

Add $50 for registrations received after this time

Last day for Group (5 registrants minimum) early registration: May 3, 2023

Add $50 for registrations received after this time

Last day for Group (10 registrants minimum) early registration: May 3, 2023

Add $50 for registrations received after this time

Last day for cancellation (full refund): May 5, 2023

$50 processing fee applied after this date

Last day for cancellation: May 8, 2023

Venue

Sheraton Austin Hotel at the Capitol

701 E. 11th Street
Austin, TX 78701
512-478-1111
1-888-627-8349 (reservations)
Map

Accommodations

A limited number of rooms have been reserved at a special rate of $219 per night. Special room rate is available until April 13, or until the room block is exhausted, whichever comes first. You can reserve by calling 888-627-8349 and mentioning UT Conference on Criminal Appeals, or by visiting their website here.

Parking Information

Daily self-parking: $20

Overnight self-parking: $20

Daily valet parking: $49

Overnight valet parking: $49

Our Sponsors

Thank you to our sponsors! Click each logo below to learn more.

Criminal Justice Section of the State Bar of Texas

Criminal Justice Section of the State Bar of Texas

The Criminal Justice Section of the State Bar of Texas is made up of more than 3100 criminal practitioners, which includes prosecutors, defense attorneys and judges across the state. Our mission is to promote excellence in the practice of criminal law by embracing ethics, professionalism, education, training and fellowship. We sponsor CLE at the State Bar Annual meeting, State Bar of Texas webcasts on criminal law matters, and co-sponsor the State Bar of Texas Advanced Criminal Law Course. We also publish a quarterly newsletter to our members. The section’s policies and activities are governed by the Criminal Justice Council. www.txbarcjs.org/
Appellate Section of the State Bar of Texas

Appellate Section of the State Bar of Texas

The Appellate Section promotes the role of appellate lawyers in Texas, enhances their skills, and improves appellate practice in Texas. It furthers these goals by offering continuing legal education, disseminating materials on matters of interest to members of the Appellate Section, and creating opportunities for the exchange of ideas among members of the Appellate Section. www.tex-app.org/

2023 Robert O. Dawson

Conference on Criminal Appeals

Austin May 10-12, 2023 Sheraton Austin Hotel at the Capitol $550 Individual | $600 after May 3 $495 Group rate per person (5 registrants minimum) | $545 after May 3 $440 Group rate per person (10 registrants minimum) | $490 after May 3

Live Webcast May 10-12, 2023 $550 Individual | $600 after May 3 $495 Group rate per person (5 registrants minimum) | $545 after May 3 $440 Group rate per person (10 registrants minimum) | $490 after May 3

Register

Related products: Materials

Overview

Event Schedule

Wednesday Afternoon

Thursday Morning

Thursday Afternoon

Friday Morning

Conference Faculty

Jay Brandon

Catherine G. Burnett

Alison Fox Dahlberg

Michael Staats Falkenberg

Michael C. Gross

Carson R. Guy

Hon. Barbara P. Hervey

Emily Johnson-Liu

Hon. Sarah Beth Landau

Jennifer E. Laurin

Britt Houston Lindsey

Hon. Jesse McClure

Sarah Moore

Nathan E. Morey

Hon. David C. Newell

Hon. Jeff Propst

Hon. Bert Richardson

Carmen Roe

Stacey M. Soule

Stephanie L. Stevens

Holly Taylor

Hon. Rosa Theofanis

Michelle R. Townsend

Hon. Gisela D. Triana

Planning Committee

Hon. Barbara P. Hervey—Co-Chair

Hon. David C. Newell—Co-Chair

Joanna Jefferson—Director

Jay Brandon

Alison Fox Dahlberg

Michael Staats Falkenberg

Carson R. Guy

Stephanie L. Stevens

Lisa Dotin Stewart

Credit Info

MCLE Credit

Other Credit

MCLE Credit

Other Credit

Key Dates

Austin

Live Webcast

Venue

Sheraton Austin Hotel at the Capitol

Accommodations

Parking Information

Our Sponsors

Criminal Justice Section of the State Bar of Texas

Appellate Section of the State Bar of Texas

Sign-Up for Our Hooked on CLE Monthly Newsletter

Austin May 10-12, 2023 Sheraton Austin Hotel at the Capitol
$550 Individual | $600 after May 3

$495 Group rate per person (5 registrants minimum) | $545 after May 3

$440 Group rate per person (10 registrants minimum) | $490 after May 3

Live Webcast May 10-12, 2023
$550 Individual | $600 after May 3

$495 Group rate per person (5 registrants minimum) | $545 after May 3

$440 Group rate per person (10 registrants minimum) | $490 after May 3