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.

TRIAL DOGS 2018: RECOGNITION AND ACCOLADES

AFTER A LONG AND CONTENTIOUS DEBATE, THE COMMITTEE HAS FINALLY MADE THEIR CHOICES:

BEST QUOTE:
"My lawyer said I shouldn't say this, but I would never put my junk on her arm, I have herpes.  That would be gross!" 
    --Defendant accused of Continuous Sexual Abuse

LA ANTORCHE DE JUSTICIA AWARD
Ariel Payan and Darla Davis
(3 Capital Murders plus in 2018)

LIFETIME ACHIEVEMENT AWARD
Elsie Craven
Joe Taylor
Polk Shelton
Phil Campbell

NOTABLE TRIALS
Rob Shepherd-Not Guilty (Murder)[CAPDS Lawyer]
Brian Erskine-Not Guilty (Murder)[CAPDS Lawyer]
Ariel Payan/Darla Davis-Not Guilty (Murder)[CAPDS Lawyers]
Leonard Martinez-Not Guilty (Agg Sex Assaultof a Child)[CAPDS Lawyer]
Ken Ervin/Doug O'Connell-Not Guilty (Excessive Force)

TRIAL DOGS
Howard Jenkins (posthumous)
Amanda McDaniel (posthumous)
Patricia Cummings
Jeremy Sylestine
Victoria Winkler
Robb Shepherd
Ray Espersen
Russ Hunt
Charlie Baird
Bill Browning
Leonard Martinez
Hector Del Toro
Andrea Austin
David Levingston

WORKHORSE AWARD
Cheryl Hindera
Michael Burke

RISING STARS
Margaret Kercher
Angelica Cogliano
Amy Lefkowitz

BEST DRESSED MEN
Jim Sawyer
Todd Dudley
Matt Campbell
Victor Erbring
Sidney Williams
Ben Blackburn
Ricardo Maldonado
Lucio Del Toro
Raphael Hernandez
Novert Morales
Marc Ranc
Bob Phillips*
*Denotes Williamson County Lawyer

BEST SHOES
Elizabeth Resendez
Mary Ann Espiritu
Stefanie Collins
Monica Noyola
Delani Long
Makaela Cuellar
Jessica Bernstein
Jill Gately
Deniz Kadirhan
Eloisa Ontiveros
Erika Hansen
Melissa Moreno
Brandy Gann
Amy Meredith
Neha Naik

BEST BOOTS* (new category)
Diana Buss
Claire Carter
Val Antonio

DEL VALLE INMATE VISITATION AWARD
Charles Popper*
*Denotes multiple winner

BEST COFFEE
Mag Court
299th District Court

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

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.

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.