WHAT IS THE WAR POWERS ACT?

The War Powers Resolution (commonly called the War Powers Act) is a U.S. federal law intended to limit the President’s ability to deploy U.S. armed forces into combat without congressional approval.

It was passed in 1973 in response to concerns that presidents had expanded military involvement—especially during the Vietnam War—without a formal declaration of war by Congress.

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Core Purpose

The law attempts to restore the constitutional balance of war powers between:

• Congress – which has the constitutional power to declare war

• The President – who is Commander in Chief of the armed forces

The War Powers Resolution requires the President to consult Congress and limit the duration of military actions without congressional authorization.

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Key Provisions

1. Consultation Requirement

   • The President must consult with Congress before introducing U.S. forces into hostilities, when possible.

2. 48-Hour Notification

   • If U.S. troops are deployed into combat or situations where combat is likely, the President must notify Congress within 48 hours.

3. 60-Day Limit

   • Armed forces must be withdrawn within 60 days unless Congress:

     • Declares war, or

     • Authorizes the military action.

4. 30-Day Withdrawal Period

   • An additional 30 days may be used to safely withdraw troops, making the practical limit 90 days total.

CAN A NON-CITIZEN VOTE?

NO!

The penalties for non-citizens attempting to vote in a country's election can be severe, especially in countries like the United States. In the U.S., for example, non-citizens who vote in federal elections can face criminal charges, which may include:

1. Fines: Non-citizens who unlawfully vote may be fined under federal law.
2. Imprisonment: Convictions can result in imprisonment for up to five years.
3. Deportation: Non-citizens found guilty of voting illegally may also be deported and barred from reentering the U.S.
4. Permanent Bar from Citizenship: In some cases, attempting to vote may permanently disqualify a non-citizen from becoming a U.S. citizen in the future.

SPECIAL EDITION-TRIAL DOGS, COVID AWARDS, AND ZOOM HEROES 2019-20

It's been quite a year for Justice in Travis County.  With the changing of the guard at the District and County Attorney's office, in 2021 there will be changes.  But before we plod forward, let's recognize the efforts from this past year.  Some of these awards will be pre-covid, some after.  The committee has spoken:

ANTORCHA DE JUSTICIA AWARD

Tom Weber (Posthumous)

Ira Davis (Posthumous)

TRIAL DOGS 2019-20

Ariel Payan

Russ Hunt

Margaret Chen Kircher

Steve Brand

Victoria Winkeler

Raymond Espersen

Richard Jennings

Andrea Austin

Victor Arana

Leonard Martinez

William Browning

Rob Shepherd

Brian McConnell

Kleon Andradis

WORKHORSE AWARD

Charles Popper

Cheryl Hindera

COVID AWARDS [Crisis Management]

Bradley Hargis -Technology Award

The Clerk's Office -Work Ethic Award

The Techshare Administrators - Information Technology Award

ZOOM AWARDS 2020

BEST QUOTES

"You're on mute!"

"Please mute your mic!"

BEST DRESSED ZOOMERS (at least from the waist up)

Andrea Jarero

Rick Flores

Cesar Rodriguez

Deniz Kadirhan

Lisa McCormick

BEST DRESSED JUDGES

All of them.  They all wore the same black robe.

BEST ZOOMER BACKGROUNDS

Delani Long-The fireplace kept us warm.

Bill Hines-From a boat? Whaa?

Nicolette Vaughn-Starbucks is a good place to do business.

BEST HEADBOARDS WHILE ZOOMING IN BED

No, not going there.

"CASTAWAY" AWARD

Jodi Sims - Where's Wilson?

"OUT OF THIS WORLD" AWARD

Johnny Urrutia - Houston, are you seeing this?

"ARROWHEAD" AWARD

Amber Farrelly - I need this like a hole in the head.

"GHOST" award

Samuel Rosen - Help from Beyond?

YEAR IN REVIEW 2017-Trials and Other Assorted Fun

It's hard to declare whether a trial result is a "victory" or not. Different factors such as the pretrial offer, overall exposure to prison, and facts of the case usually dictate whether the effort in preparation and performance in trial paid off.  What follows are quick summaries of the trials and the result. Many thanks to all those who helped.

TRIAL #1
Travis County 450th District Court
Injury to a Disabled Person
State of Texas v. Jonathan Price
Length:  3 Days
Second Chair:  Richard Collins
Penalty Range:  2-20 Years
Result:  Convicted 9 years TDC

Defendant allegedly struck a blind man with a service dog at a bus stop. Defense was that the man did not appear disabled (the Defendant thought he was just a guy walking his dog) and the man did not meet the statutory definition of disabled.  The jury instruction gave the affirmative defense but the court refused the lesser included.
Pretrial Offer: 8

TRIAL #2
Travis County 390th District Court
Continuous Sexual Assault of a Child
State of Texas v. James Faglie
Length:  5 Days
Second Chair:  Alex Calhoun
Penalty Range:  25-99/life
Result:  Convicted 35 Years TDC

Biological daughter made numerous allegations over several years.  The state presented an additional witness to corroborate the behavior.
Pretrial Offer: 40

TRIAL #3
Travis County 299th District Court -Bench Trial
Agg Kidnapping/Agg Assault
State of Texas v. Sayed Sadat
Length:  3 Days
Second Chair:  none
Penalty Range:  5-99/2-20
Result:  Convicted 30/20 years TDC

Defendant attacked a social worker with a screwdriver on her face and bit her.  Defendant was from Afghanistan and spoke Dari.  There were communication challenges, but ultimately an interpreter spoke in his native tongue throughout the proceedings.
Pretrial offer:  30/20 TDC

TRIAL #4
Travis County 331st District Court
Driving While Intoxicated Enh Habitual
State of Texas v. Raymond Young
Length:  3 Days
Second Chair:  Val Antonio
Penalty Range:  25-99/life
Result:  Convicted 10 years TDC

Defendant arrested after an accident and other calls about a car with his description driving erratically.  Witnesses put him behind wheel and Defendant appeared highly intoxicated.
Pretrial offer:  2 TDC

TRIAL #5
Williamson County 368th District Court
Aggravated Robbery Enh
State of Texas v. Theo Demaree
Length:  4 Days
Second Chair:  Todd Dudley
Penalty Range: 25-99/life
Result:  Convicted 25 years TDC

Defendant and girlfriend allegedly set up a prostitution deal via Plenty of Fish dating app and then robbed the crack-smoking victim.
Pretrial offer:  30 TDC

TRIAL #6
Travis County 331st District Court
Impersonating a Peace Officer/3x of Robbery (6 victims)
7 counts of Engaging in Organized Criminal Activity
State of Texas v. Dustin Clark
Length:  4 days
Second Chair:  Richard Collins
Penalty Range: 5-99/life each count
Result:  Mistrial on all counts

Defendant accused of numerous robberies and impersonating a Peace Officer.  The state had GPS evidence on the Defendant vehicle, Cell Phone records coinciding with the GPS,  text messages between Defendant and co-defendants, and testimony from co-defendant as to identification and planning.
Pretrial offer:  15 TDC



 

YEAR IN REVIEW 2015-TRIALS AND OTHER ASSORTED FUN

CALM BEFORE THE STORM

It's hard to declare whether a trial result is a "victory" or not. Different factors such as the pretrial offer, overall exposure to prison, and facts of the case usually dictate whether the effort in preparation and performance in trial paid off.  What follows are quick summaries of the trials, the result, and where it ranks on the victory meter.  Many thanks to all those who helped.

2015 was not quite as active as 2014, but it started with two trials and then I had a break until December.  2016 may yet set the record.  We'll see.

TRIAL #1
Williamson County 26th District Court
Aggravated Assault with a Deadly Weapon, Serious Bodily Injury, Family Violence
State v Everton Roxroy Bailey
Length:  4 days
Penalty Range:  5-99 Years
Result:  Conviction 37 Years

The Defendant was convicted of pouring boiling water on his wife.  The pretrial offer was 40 years, then 30.  I was the third lawyer on the case.
Rank:  Moderate Victory by the Prosecution

TRIAL #2
Travis County 147th District Court
Murder
State v. George Delacruz
Length: 8 days
Penalty Range: 5-99 Years
Result:  Conviction Life

The Defendant was convicted of killing his wife.  There was no body of the wife ever found.  After 8 days of testimony the jury convicted.  There are several issues on appeal and the finality of the case will take some time.
Rank:  Temporary Victory by the Prosecution

TRIAL #3
Travis County County Court #4
Assault Family Violence Stranglation
State v. Romien Pierce
Length: 3 days
Penalty Range:  2-10 Years
Result:  Plea for Deferred Adjudication just prior to closing argument

The Defendant was accused of strangling his then girlfriend.  After various inconsistencies in the stories, the Defendant testifying, and some jury irregularities, the Defendant decided to accept the state's offer of Deferred.  He had been in jail more than a year.
Rank:  Moderate Victory by Defense

2016 is already shaping up to be the year of the trial (topping 2014 if you can believe that!).  I have 5 jury trials set from the first of February until mid April.  I have been preparing for all of them and I will be ready.  But I will also be ready for that vacation scheduled for this summer.

YEAR IN REVIEW 2014-TRIALS & OTHER ASSORTED FUN

THE YEAR OF THE TRIAL

This past eight months saw the most trials in such a short time I've had in my career.  I have had eight (7) Felony jury trials in exactly seven months.  Three (3) of those trials took place in Williamson County, four (4) in Travis County.  Of those seven trials, five faced the maximum sentence of 99 years or life. Three of those were habitual, with a minimum of 25 years.  Two Defendants faced a maximum of 10 years.

It's hard to declare whether a trial result is a "victory" or not. Different factors such as the pretrial offer, overall exposure to prison, and facts of the case usually dictate whether the effort in preparation and performance in trial paid off.  What follows are quick summaries of the trials, the result, and where it ranks on the victory meter.  Many thanks to all those who helped.

TRIAL #1
Williamson County 368th Districty Court
Capital Murder
State v Crispin Harmel
Length:  8 days
Penalty Range:  Automatic Life
Result:  MISTRIAL  

This was the only trial this year that I did not conduct the jury selection.  However, it was a pleasure to participate on the team with Ryan Deck (lead attorney) and Scott Magee.  Filed as a Capital murder, it involved the allegation that the Defendant followed a young woman from a Walmart to her car and left with her.  She was found the next morning in her car, deceased.  However, witnesses had seen her out of car and alive the next morning prior to her being found lifeless.  A mistrial was declared after it was found the prosecution did not supplement discovery with crucial information.
Rank:  Temporary Victory for the Defense

TRIAL #2
Williamson County 26th District Court
Murder
State v Rex Nisbett
Length:  9 days
Penalty Range:  5-99 Years/Life
Result:  CONVICTION 42 Years

This trial was a 22 year cold case murder.  There was no body in this case.  The case involved DNA, testimony by witnesses recalling from years ago, and was comprised entirely on circumstantial evidence.  There are certainly several issues for appeal. This will be a case that will continue to be watched and will certainly be of interest to all when the decision of the Appeals Court(s) rule.
Rank: Temporary Victory for the Prosecution

TRIAL #3
Travis County 147th District Court
Attempted Sexual Assault
State v Christopher Frazier
Penalty Range:  2-10 Years
Length:  2 days
Result: CONVICTION 4 Years

This case was based on the allegation that Mr. Frazier attempted to sexually advance on a person in a truck in broad daylight without that person's consent while the partner was buying ice cream.  The jury heard from three witnesses before deciding.  The assessed penalty was agreed by the parties.
Rank:  Moderate Victory for Prosecution

TRIAL #4
Travis County  299th District Court
Possession of a Controlled Substance (Habitual)
State v Jonas Smith
Penalty Range:  25-99 Years/Life
Length:  2 days
Result:  NOT GUILTY

Mr. Smith was arrested for assaulting his girlfriend with a knife.  After transporting her to the emergency room, Mr. Smith was arrested for the assault and in the ensuing search of his person (on videotape), PCP was found on his person.  After reviewing the videotape of his arrest and the finding of the drugs in his pocket, the jury acquitted him (I'm not kidding).
Rank:  Incredible Victory for Defense

TRIAL #5
Travis County   County Court #4 (Felony Jurisdiction)
Assault Family Violence Enhanced
State v Christopher Porth
Penalty Range:  2-10 Years
Length:  4 Days
Result:  MISTRIAL

The trial involved some allegations against Mr. Porth involving his girlfriend.  After 2 days of testimony, the jury deadlocked 6-6.  There was no chance of reconciliation amongst the jurors. The case was re-indicted on a First Degree. The case was resolved for back time on a lesser charge of a State Jail Felony.
Rank:  Moderate Victory for the Defense

TRIAL #6
Travis County  299th District Court
Aggravated Assault with a Deadly Weapon
State v Jonas Smith
Penalty Range:  25-99 Years/Life
Length:  4 days
Result:  NOT GUILTY COUNT 1/GUILTY COUNT 2, MISTRIAL ON PUNISHMENT

Mr. Smith was tried on the assault of his girlfriend with a knife.  After considering the evidence including lengthy testimony on the injuries, the jury concluded he did this beyond a reasonable doubt.  However, they could not agree on punishment.  11 jurors agreed on 37 years, 1 would not compromise from 36 (No, I'm not kidding).  The case was resolved for 27 years.
Rank:  Moderate Victory for the Defense

TRIAL #7
Williamson County  277th District Court
Aggravated Kidnapping, Assault Family Violence Enhanced x 2 (Habitual)
State v Crispin Robledo
Penalty Range:  25-99 Years/Life
Length:  4 days
Result:  PLED GUILTY TO 1 COUNT OF ASSAULT FAMILY VIOLENCE ENHANCED 10 TDC

The Defendant agreed to a sentence of 10 years.  This trial featured some initial hurdles. But as the case progressed, it was clear the prosecution had a growing concern with witnesses and strategy.  In the end, the jury may well have hung, but the result was clearly good for the client.  There were too many unknowns for both sides.
Rank:  Victory for the Defense

Other notable cases involved a swat standoff, various drug cases, and police pursuits.  But 2015 will provide me plenty of trial experience as well. There will be two additional murder trials.

It was a heck of a year, but the fun ain't over yet.