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Panelists. Judge Jane BoyleUnited States District Judge for the Northern District of Texas, Dallas DivisionJudge Lana MyersDistrict Judge for the 203rd Judicial DistrictPractitioner Barry SorrelsPartner, Sorrels, Udashen and AntonModerator Adrienne DunnLaw Office of Adrienne Dunn. 2. Topics. Standard HearingsDiscoverySubpoenaFiling Motions and Pre-Trial MotionsRoles of the Various Courtroom ActorsSpecial CourtsTips on Dealing with Prosecutors.
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1. WHAT EVERY YOUNG AND NEW LAWYER NEEDS TO KNOW ABOUT…CRIMINAL LAW.A PRACTICAL GUIDE TO CRIMINAL PRACTICE IN DALLAS STATE AND FEDERAL CRIMINAL COURTS. Adrienne Dunn – Dallas Criminal Defense Lawyer
July 2009 1
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3. Topics Standard Hearings
Discovery
Subpoena
Filing Motions and Pre-Trial Motions
Roles of the Various Courtroom Actors
Special Courts
Tips on Dealing with Prosecutors 3
4. Federal:Preliminary Initial Appearance (Fed. R. Crim. Proc. 5)Probable Cause Hearing (18 USC 3060)Arraignment (Fed. R. Crim. Proc. 10)Detention Hearing (18 USC 3142)Guilty Plea (Fed. R. Crim. Proc. 11)Sentencing (Fed. R. Crim. Proc. 32) Standard Hearings 4
5. State:Arraignment (Tex. Code Crim. Proc. 15.17)Examining Trial (Tex. Code Crim. Proc. 16.01) Go to the Court Manager’s Office located on the 2nd Floor to get a blank form. Have your client sign the form. Return form to same location. Contact Robin Weger Solomon 214-653-5722 RSolomon@dallascounty.orgCase SettingsGuilty Pleas (Tex. Code Crim. Proc. 26.13)Sentencing (Tex. Code Crim. Proc. 37.07) Standard Hearings 5
6. discovery Federal: State:
Fed. R. Crim. Proc. 16 No discovery rule.
Must have a discovery order signed by judge 6
7. subpoena Federal: State:
Fed. R Crim. Proc. 17 Application at Clerk’s Office on 2nd floor.
Retrieve completed Subpoena from same location.
File served subpoena with the clerk’s office in the court. 7
8. Filing motions &pre-trial motions Federal: State:
e-file File stamp the motion at the clerk’s office in the court
contact Charlie Braswell Present the motion to the judge
214-753-2190
Charlie_Braswell@txnd.uscourts.gov 8
9. Filing motions &pre-trial motions List of Standard Pre-Trial Motions:
Motion for Discovery
Motion to Disclose Brady Material
Request for Notice under 404(b) and art. 37.07(3)(g)
Request for Notice under 609(f)
Motion for Witness Statements pursuant to Tex. R. Evid. 615
Ex Parte Requests:
If requesting funds for an expert or investigator, file the motion under seal and DO NOT serve the prosecutor.
Tex. Code Crim. Proc. 26.05 (d) & (h)
18 USC 3006A(e) 9
10. Roles of the various courtroom actors Federal: State:
Courtroom Deputy Court Coordinator
Pre-trial Services Officer Sheriff Deputy
US Marshall Probation Officer
Probation Officer 10
11. Special courts Drug Divert Court
Aux. #7
Program Manager K. Dickerson
214-653-5340
KEDickerson@dallascounty.org
Mental Health Court
STAR Court
Judge Myers’ court
Drug Court
Aux. #1
214-653-5907
Child Abuse Court
Aux. #8 Judge Gary Stephen
214-653-3416
SAFP Re-entry Court
Dual Diagnostics
DWI 11
12. Tips for dealing with prosecutors Integrity: Your Word is Your Bond.
Prosecutors like trying their good cases and pleading their bad ones.
Good and Bad - Defined (where you fit in) 12
13. 6th Annual criminal defense trial skills and trial law program Center for American and International Law
Plano, Texas
August 11-14, 2009
www.cailaw.org 13
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