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   • Armed forces must be withdrawn within 60 days unless Congress: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

TRIAL DOGS 2017: ACCOLADES AND RECOGNITION

AFTER LONG DELIBERATIONS AND CONTENTIOUS DEBATE, THE COMMITTEE FINALLY VOTED THE TRAVIS COUNTY AWARDS:

BEST QUOTE:
"Judge, Judge, a ruling in my favor would be worth my weight in gold...or should I say diamonds?"
   --Pro Se Defendant in Federal Court accused of being a diamond thief 

TRIAL DOGS
Amanda McDaniel (posthumous)
Patricia Cummings
Russ Hunt
Jeff Senter
Bill Browning
Jackie Wood
Ray Espersen
Ariel Payan
Darla Davis
Steve Brittain
Alan Williams
Gerry Morris
Mary Ann Espiritu
Steve Brand
Daniel Wannamaker

LA ANTORCHE DE JUSTICIA AWARD
Bill Hines
(5 murder dismissals in 2 years)

WORKHORSES OF THE YEAR
Robert Smith*
Jesus Salinas*
Mike Burke*
Charles Popper
Elizabeth Resendez
* denotes repeat winner

BEST DRESSED MEN
Marc Chavez
Jeremy Sylestine
Geoffrey Puryear
Todd Dudley
Novert Morales
Ricardo Maldonado
Russ Sablatura
Lucio Del Toro
Craig Moore
Ben Blackburn
Alex Conant
Ben Castoreno
Raphel Hernandez
Steve Brand
Marc Ranc

BEST SHOES
Chari Kelly
Amy Meredith
Elizabeth Resendez
Jessica Bernstein
Eloisa Ontiveros Garcia
Sheila Merino
Jana Ortega
Monica Noyola
Claire Carter
Erika Hansen
Jill Gately
Andrea Austin
Kellie Bailey
McKinley Melancon
Delani Long
Michaela Cuellar
Deniz Kadirhan

SHERLOCK HOLMES INVESTIGATOR AWARD
Mark Gillespie

SPECIAL AWARDS
Charles Popper-Del Valle Visitation Award (repeat winner) 
Shane Brooks-Comeback of the Year
Margaret Chen Kercher-Rising Star

BEST COURTHOUSE COFFEE
(tied)
299th District Court
Magistrate Court

NOTE:  THE COMMITTEE IS A SECRET CABAL WHO MEETS IN SECRET IN AN UNDISCLOSED LOCATION WITH ENTRY ONLY BY SECRET HANDSHAKE.

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.

LEGISLATIVE FOLLY

       It's tough as a criminal defense lawyer who defends the Constitution each and every day to understand how a legislature composed of legislators not versed in criminal law, can effectively come up with laws that affect the safety of every Texan.  Every Texan wishes to live in the security of their own home, free from the intrusion of not only criminals, but of the government as well.

       This legislative session was no different.  The legislature, devoid of people  of criminal law experience, passed yet additional set of laws that do not make us safe nor secure.

       Take for example, Penal Code Section 43.26: Possession or Promotion of Child Pornography.  Under the new revisions, primarily HB 2291, this change will actually lower the punishment range of repeat offenders who have been convicted of two prior offenses from 25-99 years (under the standard enhancements under Art. 12.42(d)), to 5-99 years under the controlling provisions of the new bill.  In other words, the inexperienced ones in the legislature have given us less potential punishment for those persons keeping and peddling child pornography.  What were they thinking.  From the Defense angle, it gives more flexibility.

      

TRIAL DOGS 2014: ACCOLADES AND RECOGNITION

AFTER LONG DELIBERATIONS AND CONTENTIOUS DEBATE, THE COMMITTEE FINALLY VOTED THE TRAVIS COUNTY AWARDS:

BEST QUOTE OF 2014

"All we ever wanted was Vicki's body, but he [pointing at Defendant] won't tell us where she is! Closing argument by Jana Duty in Williamson County cold case murder, commenting on the Defendant's right to silence.

HUMANITARIAN OF THE YEAR AWARD
Elsie Craven
2 successful Hearings in obtaining political asylum

TRIAL DOGS OF 2014
[For those who went the distance.]
Brad Urrutia*-7 Felony Jury Trials
Jackie Wood-6 Felony Jury Trials
Victoria Winkler-5 First Chair Felony Jury Trials/5 Second Chair Felony Trials
Marc Chavez*-5 First Chair Felony Jury Trials/2 Second Chair Jury Trials

HONORABLE MENTION
Mindy Montford
Russ Hunt

LA ANTORCHA DE JUSTICIA AWARD
[Most Intimidating Defense Lawyer to Prosecutors]
Raymond Espersen

BEST DRESSED MEN
[Those who show style under fire.]
Lucio Del Toro
Novert Morales
Russ Sablatura
Ben Blackburn
Todd Dudley
Jeremy Sylestine
Joe Fredrick
Brad Urrutia

WORK HORSE(S) OF THE YEAR
[For those who enable their bosses to take those exotic vacations.]
Robert Smith (Law Offices of David Chambers)
Mike Burke* (Peek and Toland)
Jesus Salinas (Law Office of Jon Evans)

WORST DRESSED LAWYERS
[Having trouble distinguishing lawyers and clients?]
Anyone who wears baggy shirts, bluejeans, tennis shoes, clogs, or sandals in a court of law.

BEST BEARDS
Chris Baugh
Mike Burke*
Marc Chavez*

BEST SHOES
Jana Ortega
Yvonne Patton
McKinley Melancon
Monica Flores
Diana Buss
Adam Reposa

BEST INNOVATION TO PRACTICE LAW
The AMP website (includes nearly everything you need to be a paperless office).

MOST HYPOCRITICAL DEFENSE LAWYERS
Those defense lawyers that judge other defense lawyers qualifications to be on CAPDS when they themselves couldn't qualify to be on the list(s)(Hey those on the Review Committee, you know who you are).

BEST RESTROOM(S) IN THE CRIMINAL JUSTICE CENTER
Public Restrooms on the second floor.  They are roomy and have a chair to allow continued plea negotiations with prosecutors without interruption if necessary.

SPECIAL AWARDS
Charles Popper-The Del Valle Visitation Award for most frequent visitation of clients.
[Repeat Winner]
Steve Brand-El Abogado Etico Award for principled decisions in the face of adversity.

*Denotes Multiple Winner

The Committee is a highly secretive cabal and the process is classified.

NOTE:  The author's Year In Review is in the post below

VICTORIES: Some Clients Never See Them (Until Later)

I like to go to trial.  Like Walter White said in the finale of the series Breaking Bad, "I did it because I liked it.  I was good at it."

But trials are not about the lawyer.  Trials are about what is best for the client/defendant.  It is a rare mix of circumstances that send a client to trial:  the innocence of the defendant; or the desire to extract a better resolution from strangers than a plea offer from the prosecutors; and the willingness to gamble in an imperfect system designed to seek justice based on unpredictable perceptions, beliefs, and biases.

Trials are intense for all of the parties.  The witnesses questioned by skilled lawyers, the lawyers who have to follow the rules which govern the procedure (unless the lawyers choose not to follow the rules), the victims who are wronged and sometimes traumatized, and the defendant who is unsure of his future and fate.

But sometimes trial is not the best option.  I plead a client  to 10 years in prison this week 45 minutes before a jury was going to decide his fate on three felonies, all of which were enhanced to 25-99/life.  At the moment that reality sets in for these clients and they take a deal, the fact that I would have made more money in trial dissipates and the realization that my advice spared him decades of his life behind bars makes it worth the effort.

He probably won't realize the bullet he dodged until later, but only then will he recognize that he would be better off than the other option of dying in prison.

2012 NOTABLES & APPLAUSE

AFTER LONG DELIBERATIONS AND DEBATE, THE COMMITTEE VOTES THE TRAVIS COUNTY AWARDS:

BEST QUOTE OF 2012

"He ain't no public defender.....he's a public pretender!"  -Defendant referring to his court appointed lawyer Ray Espersen

TRIAL DOGS OF 2012
[For those who went the distance.]
Brad Urrutia
Gerry Morris
Rhett Braniff
Ray Espersen
Charlie Baird
Amber Bode
Kellie Bailey
Jon Evans
Ariel Payan

BEST DRESSED MEN
[Those who show style under fire.]
Chris Baugh
Steve Brand
Jim Sawyer
Lucio Del Toro
Novert Morales
Russ Sablatura
Ben Blackburn
Todd Dudley
Jorge Sanchez
Matt Nichols

WORK HORSE(S) OF THE YEAR
[For those who enable their bosses to take those exotic vacations.]
Robert Smith (Law Offices of David Chambers)
Diana Buss (Law Offices of Morales & Navarete)
Juan Gomez (Law Offices of Morales & Navarete)
Mike Burke (Peek and Toland)

WORST DRESSED LAWYERS
[Having trouble distinguishing lawyers and clients.]
Anyone who wears bluejeans, tennis shoes, clogs, or sandals.

BEST NAME FOR A DEFENSE LAWYER
Lucio Del Toro
Rhett Braniff
Sunday Austin
Jack Bacon
Victoria Broussard
Ricardo Maldonado
Curtis Woodcock

EXONERATIONS

The Past Never Goes Away, Thank Goodness

In an excellent article in today's New York Times, the contributing publication Texas Tribune outlined the 86 exonerations which have been granted in Texas in recent years.  By putting a face with most of these tragedies and stories behind them, the Tribune has aided in putting this on the upcoming legislative agenda.

I have taken a few minutes to break this down by category to try to understand this vexing problem:

COUNTIES OF EXONERATIONS:
Dallas                   37
Harris                   13
Travis                    7
McLennan             3
Tarrant                   3
Montgomery          3
Rains                     2
El Paso                  2
Lamb                     2
Counties with 1     14

RACE
Black                     42
White                    28
Hispanic                11
Other or Unknown  5

GENDER
Male                     81
Female                  5

CHARGE
Sex Assault           43
(Including Children)
Murder                  32
Robbery                 6
Others                    5

SENTENCES
Death                     10
Life                         33
60-99                       7
40-59                      12
20-39                      14
0-19                         7
Probation                 1

REASONS FOR EXONERATION  (May be more than one per case)
Post-Conviction Evidence                                56
(DNA, Recantation, etc.)
Prosecutorial Mishandling of Evidence             20*
(Withholding, Coercion, etc.)
Faulty Eyewitness Identification                        12
Ineffective Assistance of Counsel                      6
Use of Inadmissible Evidence                            5
False Confession                                              3
Unreliable Forensic Science                              3
Police Misconduct                                              2

*The Texas Tribune categorized the admission of another defendant's statement as prosecutorial misconduct.  I prefer to label this as an erroneous ruling by the Court.

For the complete interactive, please go to this link.