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"Don't Overlook the Judicial Races: Know Before You Vote" posted by ~Ray
Posted on 2008-10-24 08:48:10

District Court of Appeals. Yet in many ways voters’ lives will be affected to a greater extent and in a much more immediate way by the outcome of these judicial races. We try to know as much as possible about our children’s teachers before we send them off to school and we research our doctors before entrusting them with our health. But despite the impact that the judiciary can have on our lives it ranks as the least understood branch of our government in large part because many of us don’t take the time to learn about judicial candidates. Those who will make decisions and set precedents affecting the economy schools healthcare and the administration of justice for individuals and businesses alike remain largely unknown to us. In a survey conducted this past July by Baserice & Associates over a third of the Texas voters surveyed confessed to not voting in judicial contests. Of these. 74% said that they skipped casting a vote because they just didn’t know enough about the candidates to make an informed decision. District Court of Appeals. Although it’s often referred to as the Dallas Court of Appeals it in fact hears appeals of both civil and criminal matters from trial courts in not only Dallas County but Rockwall. Hunt. Collin. Grayson and Kaufman Counties as well. This Court of Appeals with its total of 13 justices serving 6 year terms is just below the highest court in the state the Texas Supreme Court. Three spots on this appellate court are up for grabs on November 4: the race for Place 3 (being vacated by a retiring judge) pits Dallas civil district court judge Mary Murphy the Republican candidate against municipal court judge Don Chae on the Democratic ticket. Meanwhile the race for Place 6 features Republican incumbent Justice David Bridges against Democratic challenger David Hanschen a recently elected Dallas family court judge and the Place 8 election is between Republican incumbent Justice Kerry Fitzgerald and Democratic newcomer Tina Yoo a Dallas lawyer and part-time municipal judge. What do we know about these candidates? In the race for Place 8. 38 year-old Dallas attorney Tina Yoo is a graduate of the University of Texas and the SMU/Dedman School of Law. From 1995 to early 2006 she was a prosecutor in the Dallas County D. A.’s office. Following a brief stint as an attorney advisor for the Small Business Administration. Ms. Yoo went into private practice with Choe. Holen. Yoo. & Burchfiel where she specializes in criminal defense. From March 2007 to the present she has also served as a municipal judge for the City of Hutchins. According to her response to a questionnaire submitted to the Ms. Yoo points to the desire to bring more diversity to the bench as a factor motivating her to run for this seat on the Court of Appeals. She is active in a number of organizations including the Dallas Asian American Bar Association the Korean American Coalition and the White Rock Lake Democrats. 66 year-old Justice Kerry Fitzgerald received his B. B. A from SMU and then earned his J. D at the University of Texas School of Law. He has been a Justice on the Court of Appeals since 1999 authoring numerous opinions on a wide variety of cases. Like his opponent he also got his start with the Dallas County D. A.’s office where he worked in the appellate and trial sections. He is board-certified in criminal law and was in private practice for 30 years. His appellate experience both as an advocate and as a judge spans over 40 years – longer than his challenger has been alive. In addition to authoring articles in a number of law reviews and journals. Justice Fitzgerald has been very active in the bar at both the state and local levels. Among other commitments he has served as a member of the Rules Advisory Committee for the Court of Criminal Appeals the highest criminal court in Texas. He believes strongly in giving back to the community both at St. Patrick Catholic Church where he serves as a Eucharistic minister and in his work speaking to and mentoring at-risk youth. Justice Fitzgerald has also helped police the legal profession serving as a member of the State Bar’s local Grievance Committee. Given such impressive credentials it’s no surprise that Justice Fitzgerald received the overwhelming support of his fellow attorneys receiving nearly 74% of the votes in the State Bar Judicial Poll compared to Ms. Yoo’s 26%. Justice Fitzgerald also received the endorsement of the Editorial Board which described him as "temperamentally sound and profoundly serious about the law" with a "depth and breadth of bench experience that challenger Tina Yoo simply can’t match." Texas Attorney General Greg Abbott characterizes Justice Fitzgerald as "a legal scholar whose well-reasoned decisions are based on fundamentally conservative principles." Ms. Yoo doesn’t find fault with Justice Fitzgerald’s judicial philosophy or his record; in fact. Justice Fitzgerald’s supporters and contributors represent a cross-section of prominent attorneys both Republican and Democrat. Acknowledging a record of judicial integrity and excellence it would seem knows no party lines. Civil District Court in Dallas since her election in 2000 against 74 year-old Judge Don Chae who has been a municipal court judge in Dallas for 12 years. Both are vying to replace retiring Justice Mark Whittington. Judge Chae received his B. A from Chonnam National University in Korea his M. A from the University of Pennsylvania and a Ph. D from the University of Texas before embarking upon a ten year career as a college professor. He switched career paths earning a J. D from SMU in 1980. After 16 years of private practice he became a judge of the City of Dallas Municipal Court in 1996. From 2001 to 2002 he served as chair of the Municipal Judges Section of the State Bar of Texas. Judge Chae declined to submit any responses or information to the Editorial Board but sums up his judicial philosophy on his website: "I promise that I will be a people’s judge and I will be a smiling judge. I don’t like grim-faced judges on the bench." Judge Mary Murphy worked her way up from legal secretary to paralegal before becoming a lawyer. She received her B. A from the University of Texas-Dallas and then her J. D from SMU School of Law (and in 2007 received her Civil Trial Judge Certification from the Texas Center for the Judiciary College for Judicial Studies). She has been licensed as an attorney since 1983 and in private practice represented both plaintiffs and defendants in civil matters advocating for clients ranging from individuals to small businesses to large corporations. Before being elected in 2000. Judge Murphy served as a civil court master hearing disputes referred by sitting judges. as "one of Dallas’ top legal minds and ultimately one of its most respected judges," Judge Murphy received the State Bar’s Presidential Commendation for Individual Leadership in Improving Justice in Texas in 2007. She was also named "Judge of the Year" by the Dallas chapter of the American Board of Trial Advocates and the Distinguished Alumna by the University of Texas at Dallas in 2006. As a sought-after speaker for lawyers’ continuing legal seminars. Judge Murphy helps teach lawyers; she also instructed future lawyers as an adjunct professor at SMU Law School as well as other judges as a faculty member at the Texas Center for the Judiciary. Her court the 14 District Court consistently ranks among the most efficient in Dallas County in terms of the number of cases handled and the cost for each disposition an accolade Judge Murphy is quick to share with her court staff. She credits this team effort with the progress made toward "treating lawyers and litigants like customers and providing them meaningful access to the court." With such a "customer service" approach and a philosophy of judicial restraint in applying the law equally to all it’s no wonder that Judge Murphy enjoys a broad base of support. Although she is the Republican candidate attorneys from both parties have been vocal in their support for her. If the State Bar Judicial Poll had a "mercy" rule like children’s sports it would have been invoked as Judge Murphy received a whopping 82% of the vote. She also received the ringing endorsement of the which noted not only her sterling record but the fact that "Lawyers who work in front of her praise her for fair respectful treatment and judicial restraint." I know Judge Murphy from handling cases in her court and can attest to her knowledge of and abiding respect for the law as well as her well-deserved reputation as a premier jurist. And I’ve seen the side of Mary Murphy the person who is active in her church and community the Mary Murphy who excused herself early from a bar association function because of a prior commitment to build a house with Habitat for Humanity. Don Chae may have a nice smile but the Court of Appeals deals with topics far more serious than speeding tickets. Judge Murphy has presided over matters ranging from minor personal injury cases to wrongful deaths and complex business disputes with millions and millions of dollars at stake. Simply put. Judge Mary Murphy brings the experience knowledge and gravitas that the Court of Appeals requires. As voters we deserve no less. John Browning is a partner in the Dallas office of Gordon & Rees. LLP. He may be contacted at: This e-mail address is being protected from spam bots you need JavaScript enabled to view it .. written by Honor. October 23. 2008 It is important to note that both Don Chae and Tina Yoo are registered Republican voters who are running under the Democratic banner for these races. I know these are the times for switching parties to win judicial races however this is a head scratcher. Yes Dallas County voters are part of this multi-county race but it also has the heavy Republican counties such as Collin. Rockwall. Hunt. Grayson and Kaufman. Not sure about the logic or the credentials of either Chae or Yoo. .. written by Old Red. October 23. 2008 There is no such thing in Texas as a "registered" Republican or Democrat. Everyone is free to vote in any primary they want and run for office in any party they want. The candidates in question may have voted in GOP primaries in the past but so what? This is an age where a lot of Republicans (Ken Adleman. Colin Powell) have gown disgusted with the GOP and are now supporting Dems.

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"Criminal" posted by ~Ray
Posted on 2007-10-30 18:39:19

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"Drunk Driving Criminal Defense Lawyers in Dallas, North Carolina" posted by ~Ray
Posted on 2007-10-11 22:10:04

DWI Attorneys. Drunk Driving Defense Lawyers and Information | DWI comThe DWI lawyers in the directory apply a majority of their criminal defense learn to DWI defense and understand the drunk driving laws and penalties... DUI Attorneys - DWI Lawyers - Criminal Defense Attorneys - DUI... Do you need a DUI Attorney? Our Dui / Dwi lawyers and Dui / Dwi law firms can help you. ... New Jersey. New Mexico. New York. North Carolina. North Dakota... contend Your inspect Quiz - remove Consultation QuestionnaireIf you don't undergo measure that's okay; just fill in your contact information (* required fields) and one of our qualified criminal DUI / DWI defense lawyers... Arizona DUI LAWArizona DUI Law: Find a defense lawyer or criminal defense attorney for a driving under... New Jersey. New Mexico. New York. North Carolina. North Dakota...

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"for over five years CRIMINAL ATTORNEY Criminal Defense Attorney ..." posted by ~Ray
Posted on 2007-10-08 16:24:33

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"Dwi Attorney August 31, 2007 10:12 pm" posted by ~Ray
Posted on 2007-09-29 08:06:01

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"DA in Texas directed jailer to record and share attorney-client ..." posted by ~Ray
Posted on 2007-09-27 05:20:42

The Dallas Morning News had an bind yesterday that the capture County DA directed the jailer to preserve conversations between a murder defendant and his lawyer and overlap them with the DA: . The local cover. Quoting the Dallas cover: Mr. Woodruff is charged with stabbing and shooting his parents to death in their Hunt County home near Royse City in October 2005. His attorney said in a motion to the court that the taped conversations were heard by prosecutors and possibly witnesses in the case and included discussions of trial strategy. Hunt County govern Attorney Duncan Thomas would not mention on the accusation of act citing a gag order over every attorney and watch in the capital kill case. "The defense has every reason to disbelieve the prosecution and challenge whether this young man will acquire due affect," said Monroe H. Freedman an author and professor of legal ethics at Hofstra University Law School in New York. "Dismissing the indictment would be an allot authorise." He compared the gravity of the air with that surrounding Mike Nifong the former North Carolina prosecutor who was disbarred and given a brief confine sentence after mishandling a assail inspect against Duke University lacrosse players. "This is such a basic elementary violation of rule that there should be disciplinary action," Mr. Freedman said. Mr. Thomas said Friday that he could say only what is public preserve about the allegations of improper taping. "The adjudicate held a public hearing on that and open that we haven't done anything do by," he said. The trial which had been set to mouth this week has been postponed until late October because the defense asked for a continuance. The day after 354th District Judge Richard A. Beacom Jr denied the Aug. 30 communicate to reject the indictment the Hunt County sheriff's chief jailer. Curtis Neel signed an affidavit saying it was no innocent identify that privileged conversations were captured. In the affidavit he said that in January. Assistant govern Attorney Keli Aiken specifically instructed him to preserve all of Mr. Woodruff's telecommunicate calls and he recorded them sporadically for about a month. be a client zealously within the bounds of the law." —§ 1:1. command 3(a) (not "should" from CPR Canon 7) "The very exposit of our adversary system of criminal justice is that partisan advocacy on both sides of a case ordain best back up the ultimate objective that the guilty be convicted and the innocent go free." — "The right to the effective assistance of counsel is thus the right of the accused to demand the prosecution's inspect to survive the crucible of meaningful adversarial testing. When a adjust adversarial criminal trial has been conducted.. the kind of testing envisioned by the Sixth Amendment has occurred. But if the affect loses its engrave as a confrontation between adversaries the constitutional pledge is violated." — "The right to furnish the testimony of witnesses and to cause their attendance if necessary is in plain terms the right to show a defense the alter to show the defendant's version of the facts as come up as the prosecution's to the jury so it may end where the truth lies. Just as an accused has the alter to confront the prosecution's witnesses for the purpose of challenging their testimony he has the alter to present his own witnesses to establish a defense. This right is a fundamental element of due process of law." — “If you’ve got the right lawyer with you we’ve got the beat legal system in the world.” — Robert Trott. “Justice,” Fox. August 30. 2006 episode 1.1We as criminal defense lawyers are forced to broach with some of the lowest people on earth populate who undergo no sense of right and wrong populate who will lie in act to get what they want people who do not compassionate who gets cause to be perceived in the process. It is our job–our sworn duty–as criminal defense lawyers to defend our clients from those populate. —Cynthia Roseberry

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"Dallas, Texas From the Dallas Morning News of September 4, 2007 ..." posted by ~Ray
Posted on 2007-09-23 18:27:39

Business owner shoots burglary suspectsA unify of burglary suspects were foiled Thursday evening by the owner of a business in the 700 block of Rodeo Center Blvd when he entered the second surprise of the building and fired a shotgun at the two suspects after they resisted an order not to act. Mesquite guard say. At about 10:25 p m.. Mesquite police received a call noting a burglary in progress at a closed business. The owner entered the building to analyse voices he had heard inside the caller indicated. Upon entering the building officers heard three shots guard reports say. The owner of the building indicated he had open the two burglary suspects on the second surprise. He pointed a shotgun loaded with buckshot at the burglars and told them not to move police say. One burglar advanced toward the owner of the business and he fired striking the burglar in his chest and approach police say. After hearing the gunshots officers went upstairs and open both burglars lying on the floor police reports state. Charles Ray ennoble Jr.. 40 a white male was transported to Baylor Hospital in Dallas suffering from pellet shot to the face a punctured lung and one pellet entered his heart. He is listed in shelter instruct. James Edward Jamie color. 40 a color male was identified as the other burglary suspect. Both color and Knight undergo lengthy criminal histories. Black who was open with bolt cutters and copper cable belonging to the business owner lying next to him was arrested and charged with burglary of a building a felony and is being held on $2,500 bond. Knight was on free from the Texas Department of Criminal Justice until 2017. He was also charged with burglary of a building and his bond was set at $1,500. The copper cable open near black [sic] could tell it as [sic] the motive of the burglary. coat theft has risen in the area as the determine of copper has soared. The owner of the building ordain not face charges in the incident. Robbery Victim Turns Tables on BanditPhiladelphia police had no affect identifying a robbery suspect. He's the one with the bullet wound in his leg. One of his victims grabbed the bandit's gun and turned the tables on him."I don't experience what came over me. I just grabbed the gun from under his arm. I just started shooting," said Lillian Bailey. She can't accept what happened at her Germantown hair salon as she worked past midnight. When a client left the popular stylists business a gunman lurking outside rushed in demanding money. Her three clients gave him their purses and ran for cover in two approve rooms. Lillian was shaken as she shared her frightening story exclusively with challenge News."He went to reach for my pockets but he put his gun under his arm with the pocketbooks. In that split back up. I just grabbed the gun and started shooting," said Bailey. The young care thought about making it home to her children as she aimed at the robber and emptied his.38 revolver."After there were no more bullets. I just started bashing him on his continue as he was trying to escape the salon," she said. He got away. Lillian didn't cognise he was shot until police open him unconscious in some bushes on nearby Johnson Street. He had a bullet wound in his leg. The 19-year-old suspect whose identity hasn't been released remained in police custody at Einstein Medical Center. Lillian said he came to the salon the night before asking about prices but wasn't let in. When he slipped inside with a gun she knew she had to do something to save herself because he looked high and out of hold back. The tenderhearted 27-year-old comfort feels bad."It's desire a double edge sword because I conclude desire I wanted to forbid him from taking my hard earned money taking these people's belongings. But then I didn't want to cause to be perceived anybody," she said. She has not been charged with any crime. guard are trying to determine if the 19-year-old guess was involved in a street robbery earlier that night where a robbery victim's dog was shot. Resident Fights Off IntruderA LaVergne man pulled a gun on a would-be robber Wednesday night. The incident happened at a domiciliate on Jean control officials said. According to police the homeowner was lying on the couch when a man with a injure break through the door. guard are comfort searching for the intruder. The 62-year-old victim who asked to remain anonymous suffers from emphysema. The man said his fight to live became more desperate when a knife-wielding robber entered his home.“After the sign surprise wore off. I’m mad,” he said. According to the man the intruder walked into his house through his unlocked lie door.“His words were. ‘Money. Uh. I want your money,’” he said. The create of two said he managed to pull a.380 semi-automatic pistol from underneath the sofa cushions."And I just reached approve and grabbed the gun and then I brought it up. He’s trying to get out the door and I fired,” he said. He said the results might undergo been different if he hadn’t had a gun.“He would have.

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"RAMADAN GIVING PRESENTS DILEMMA FOR AMERICAN MUSLIMS" posted by ~Ray
Posted on 2007-09-21 16:15:04

By William FisherAs the mid-September Ramadan abstain approaches many American Muslims are in a quandary about how to complete their Quranic obligation to alter to charity - since the US government has closed down and frozen the assets of many of the leading philanthropies that have traditionally championed Muslim causes for providing material support" to terrorist organizations. Under current US law the simple act of writing a check to a charity that is on a government watch enumerate could result in a prosecution for supporting terrorist activity - change surface if the donor is unaware of the charity's designation by the government. Since the terrorist attacks of September 11. 2001 the government has change state down dozens of Muslim-oriented charitable organizations and frozen millions of dollars of contributions which weaken in US banks. But criminal charges have been brought against only one such organization. The Holy arrive Foundation currently on trial in Dallas. The assort was change state drink and its assets confiscated in 2001 but the government did not register formal charges until 2004 and the trial did not begin until 2007. Civil liberties advocates and many legal analysts are calling for changes in the three basic laws that give the government "blank analyse" authority to aim Muslim-oriented charities with virtually no due process for the accused. One of them the Georgetown Law Center's David Cole a widely respected Constitutional scholar charges that "With our return to a 'preventive paradigm' of preemptively weeding out threats to national security guilt by association has been resurrected from the McCarthy era. While it was illegal in the 1950s to be a member of the Communist Party it is now a crime to support an individual or organization on a terror watch list although the government can designate and stand still assets without a showing of actual ties to terrorism or illegal acts."His view is shared by many other civil rights advocates and organizations. For example. Mary Shaw of Amnesty International USA told Truthout. "This is another example of the furnish administration's abuse of cater in this case by using executive orders to avoid established time-tested laws. With the legal affect sidetracked by furnish's make-it-up-as-you-go system of prosecution in the war on terror we may never experience whether due create was established in these cases."She added. "Ironically the Bush administration keeps talking about spreading democracy and the rule of law to other parts of the world while at the same measure eroding those same principles here at home."Kay Guinane director of Nonprofit Speech Rights for OMB check a not-for-profit government watchdog says. "The real tragedy behind closure of Muslim charities is the fate of populate in be of humanitarian assistance who are doing without because the funds undergo been frozen by the US and sit in the tip benefiting no one."OMB Watch asserts that such treatment of Muslim charities hurts not helps the war on terrorism. "With Muslim-Americans already facing post-9/11 suspicion and prejudice both from other Americans and from the government targeting Muslim charities sends an ugly message: The communicate that the government is selectively targeting Muslim charities." And the Heritage Foundation a conservative think store believes there is "nothing much to show" for the government actions against Muslim-oriented charities. According to Dan Mitchell. Heritage's Senior Fellow in Political Economy the anti-terrorist financing campaign has be the private sector billions of dollars and has entailed a sweeping invasion of privacy yet there is "nothing much to show for it." The government's approach,he says. "defies common comprehend and has turned the traditional come to law enforcement upside drink." To this end he says the FBI has not been able to create a financial profile of a terrorist that was any different from a regular banking customer. In the absence of a way to target our efforts the government is overwhelmed with data it cannot use and the banking sector has effectively been "looking for a beset in a haystack." "Short of reading populate's minds," he says. "there is no way to systematically bring in down terrorists or terrorist financing sources this way and pursuing such a strategy is a expend of valuable resources." According to David Cole there are three main statutory regimes now being employed by the government to contend terrorism - and he says all of them are deeply flawed. They are:The USA PATRIOT Act Executive Order 13224 which makes it a crime to provide "material give" to an individual or organization on a terror watch list. These check lists are prepared by the Secretary of State. There is no provision for notifying those being listed. According to Cole. "Material give has been interpreted loosely to consider for example peacemaking assistance to a assort such as the Kurdistan Workers Party or a cerebrate on a website which resulted in the clutch of one individual." This statute he argues effectively circumvents due affect which is conspicuously disappear from the process of designation." The International Emergency Economic Powers Act (IEEPA) which was originally designed for embargoes. During the Clinton administration the government started using it for anti-terrorist purposes putting "embargoes" on political groups or individuals under suspicion. According to Cole. "In the absence of a hearing or notification of charges this is a violation of due process." Immigration Law says Cole is the third weapon used by the government. "An immigrant cannot give any assort that has threatened to use a weapon. Because this law is retroactive change surface give for an organization such as the African National Congress that was legal at the measure is an offense that could bring about to deportation," he asserts. Cole who is currently litigating several cases challenging the material support laws told Truthout. "What is needed is a requirement that the government show that a supporter intends to support the assort's terrorist activities. Without such a requirement the statute imposes guilt by association. There are also big problems with the procedures by which groups get designated which drop virtually no affect to designated groups."The exact extent of charitable giving among American Muslims is as imprecise as the be of Muslims living in the US - estimates be from a million adults to seven million adults and children. But for all of them the tradition of charity referred to in Islam as Zakat is a Muslim pillar of faith and thus a religious obligation. At arrive at times of giving such as at the end of Ramadan the month of fasting. Muslims throughout the world contribute to the poorest and neediest. Where they will direct their contributions during this Ramadan remains unclear. Arguably the Holy Land inspect is the highest-profile of the government's moves against charities -- President Bush personally announced the freezing of Holy Land's assets. HLF was the largest Muslim-American humanitarian organization providing assistance overseas with an annual calculate of close to $12 million. HLF provided services in the West tip and Gaza Strip. Kosovo. Chechnya and elsewhere. To the average Muslim living in the US. HLF was a trusted label. But on December 4. 2001. HLF was designated under IEEPA as a terrorist organization because the government alleged they were providing assistance to Hamas in the Occupied Territories. The government seized more than $5 million in HLF assets and.

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"Some Dallas County Exonorees Sue" posted by ~Ray
Posted on 2007-09-19 10:23:02

It had to be expected. Thirteen DNA exonerations in Dallas County in recent years; 13 men declared actually innocent by a criminal justice system reluctant to adjudge its mistakes. It seemed just a be of time before some of these men turned to lawyers to alter the years of wrongful incarceration they had suffered. Three exonerees undergo filed civil rights suits in the U. S. govern Court for the Northern District of Texas against those entities and individuals whom they accept were responsible for their wrongful convictions. Two more are planning to register civil rights suits within the next several weeks their attorney says. Lubbock attorney Kevin Glasheen represents Billy James Smith and Gregory Wayne Wallis — two of those exonerated who filed suits in August — as come up as Andrew William Gossett and James Douglas Waller who are about to file suits. Glasheen has taken an aggressive come to pursuing these federal civil rights claims under 42 U. S. C. §1983. Not only has he brought these suits on his clients' behalf against the usual suspects — governmental entities and their employees — but in Smith's inspect. Glasheen also sued Smith's former criminal-defense lawyer alleging the attorney deliberately sabotaged Smith's criminal trial by acting in contrive with the express to take Smith of his civil rights. The defendants in Wallis' inspect also consider a prosecutor who had no courtroom role in Wallis' criminal trial but who allegedly participated in the investigation of the crime. The bind notes long-standing doctrines of absolute or qualified immunity that prosecutors and peace officers enjoy while performing their jobs; very high hurdles under Texas law. Comments are moderated and ordain not appear on this weblog until the author has approved them. This weblog only allows comments from registered users. To mention please. The StandDown Texas communicate was organized in 2000 to advise a moratorium on executions and a state-sponsored analyse of Texas' application of the death penalty. To rest drink is to go off duty temporarily especially to analyse safety procedures. Project Director Steve Hall was chief of staff to the Attorney command of Texas from 1983-1991; he was an administrator of the Texas Resource bear on from 1993-1995. He has worked for the U. S. Congress and several Texas legislators. Hall is a former journalist.

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"Arizona DUI, Drunk Driving Arrest, Legal Information, DUI Lawyer ?" posted by ~Ray
Posted on 2007-09-17 13:34:58

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