I represented Ephraim Wilson who will soon be released from prison. Mr. Wilson was arrested and charged with the aggravated robbery of an Eckerd's store in 1996. There were several eyewitness and one eyewitness selected Mr. Wilson out of photo line-up 43 days after the robbery. Mr. Wilson sat in the Dallas County Jail waiting for trial...and he waited...and waited. In all, Mr. Wilson was detained for 18 months before trial. By this time, Mr. Wilson lost his job, his family was visiting less and less often. Additionally, Mr. Wilson's confindence in his lawyer was quickly diminshing. Mr. Wilson knew he was innocent but did not believe that his lawyer would be able to prove it. On the fourth and final trial date, Mr. Wilson was forced into a difficult corner; the prosecutor offered the golden nugget of plea deals - seven years probation. Mr. Wilson took the deal.
Years later, the court revoked his probation and sentenced him to 20 years imprisonment. This is where I came in. Mr. Wilson filed a post-conviction writ alleging that he was actually innocent of the robbery and the court appointed me.
Mr. Wilson alleged that one of the three robbers (Tory Jackson) would be willing to testify that Mr. Wilson was not involved in the robbery. We held a hearing and the robber testified that he committed the robbery with two other men and Mr. Wilson was not involved. Jackson was convicted for the robbery in 1997 and was out on parole.
You might ask, why was this information not presented when Mr. Wilson was first arrested? You see, Jackson and Mr. Wilson did not know that each other were charged with the robbery. It was not until they were put in the same jail unit that they knew. Mr. Wilson immediately told his lawyer to interview and subpoena Jackson to testify at his trial. Whereas Jackson was subpoenaed, the lawyer never interviewed Jackson to see what he would have said. Moreover, Jackson did testify at his own sentencing hearing where he did not name Mr. Wilson as the robber.
Last week, the Court of Criminal Appeals agreed with the district court and granted relief for Mr. Wilson. The proseuctor informed me that that office would dismiss the case. He's free. Sometimes, practicing law feels really good.
Wednesday, September 29, 2010
Thursday, September 2, 2010
TYC still can't get its sh$! together
http://www.texastribune.org/texas-state-agencies/texas-youth-commission/advocate-abolishing-tyc-could-be-best-fix/
Texas Appleseed, Advocacy, Inc., Center for Public Representation and National Center for Youth Law sent a letter to the Department of Justice this week urging for help with the Texas Youth Commission.
TYC underwent (some) reforms three years ago after the tragic scandal broke involving physical and sexual abuse of the children by the guards. The DOJ letter alleges that despite efforts, children at TYC report not feeling safe.
"Safety concerns, particularly at lockups in Corsicana and Beaumont, were the most urgent problems advocates identified. Every single youth interviewed at the Al Price Unit in Beaumont reported feeling unsafe, Fowler says. “They described riots and frequent fights. The first youth we talked to had a broken jaw,” she says. Staff members at the unit were so concerned that the young man would get reinjured, she says, that they placed him in secure confinement. “This kid just sat in security for over a month because they were so afraid to put him with the other kids,” she says."
The letter also cited to a major lack of mental health care. "[I]n Corsicana, a facility specifically intended to house up to 145 mentally ill youths, there are just four staff psychologists, one psychologist intern and a part-time psychiatrist — and no social worker."
TYC officials responded that it had made significant improvements since 2007.
TYC continues to be a troubled institution. This is one of those things about Texas that makes me mad. We do not have to re-invent the wheel everytime. All other states have juvenile offender units and programs. What are they doing? What works? How can we bring the best other states have to offer to Texas? Why are juvenile offenders in other states not being beaten and raped but our children are?
Texas Appleseed, Advocacy, Inc., Center for Public Representation and National Center for Youth Law sent a letter to the Department of Justice this week urging for help with the Texas Youth Commission.
TYC underwent (some) reforms three years ago after the tragic scandal broke involving physical and sexual abuse of the children by the guards. The DOJ letter alleges that despite efforts, children at TYC report not feeling safe.
"Safety concerns, particularly at lockups in Corsicana and Beaumont, were the most urgent problems advocates identified. Every single youth interviewed at the Al Price Unit in Beaumont reported feeling unsafe, Fowler says. “They described riots and frequent fights. The first youth we talked to had a broken jaw,” she says. Staff members at the unit were so concerned that the young man would get reinjured, she says, that they placed him in secure confinement. “This kid just sat in security for over a month because they were so afraid to put him with the other kids,” she says."
The letter also cited to a major lack of mental health care. "[I]n Corsicana, a facility specifically intended to house up to 145 mentally ill youths, there are just four staff psychologists, one psychologist intern and a part-time psychiatrist — and no social worker."
TYC officials responded that it had made significant improvements since 2007.
TYC continues to be a troubled institution. This is one of those things about Texas that makes me mad. We do not have to re-invent the wheel everytime. All other states have juvenile offender units and programs. What are they doing? What works? How can we bring the best other states have to offer to Texas? Why are juvenile offenders in other states not being beaten and raped but our children are?
Thursday, August 12, 2010
Finally - Dallas Jail Passes Inspection
http://www.publicbroadcasting.net/kera/news.newsmain/article/0/1/1687242/North.Texas/Dallas.Jail.Passes.Critical.Inspection
After several years of failed inspections, deaths of inmates and threats from the federal governemnt, the Dallas County Jail has finally passed inspection.
As I always tell my clients, being the Dallas County Jail is bad for your health. If your family can scrap together the money to bond out - do it.
After several years of failed inspections, deaths of inmates and threats from the federal governemnt, the Dallas County Jail has finally passed inspection.
As I always tell my clients, being the Dallas County Jail is bad for your health. If your family can scrap together the money to bond out - do it.
Tuesday, July 13, 2010
Prostitutes DNA Database
http://www.dallasnews.com/sharedcontent/dws/news/localnews/crime/stories/070910dnmetprostitutes.1cf2c86.html
This is a not a good thing for a blogger to admit...but I don't really know what to say about this. Here's what the Dallas Morning News is reporting: when a woman is arrested for prostitution at a truck stop in Dallas County, she will be asked to voluntarily submit a DNA sample. The sample will be maintained by the Dallas County Sheriff. If there are future cases of unidentified murdered women, the Sheriff will compare the collected prostitute DNA to the murdered victim.
Why truck stops and why prostitutes? Apparently, the FBI believes there are 100s of serial-killer-truck-drivers who prey on prostitutes.
The article quotes the Sheriff's office as doing the DNA collection as part of its new treatment program for prostitutes.
On the one hand I applaud the larger picture that acknowledges the reality that prostitutes are victims (future, if not also present) but on the other hand, this is giving me a creepy-Brave-New-World feeling.
This is a not a good thing for a blogger to admit...but I don't really know what to say about this. Here's what the Dallas Morning News is reporting: when a woman is arrested for prostitution at a truck stop in Dallas County, she will be asked to voluntarily submit a DNA sample. The sample will be maintained by the Dallas County Sheriff. If there are future cases of unidentified murdered women, the Sheriff will compare the collected prostitute DNA to the murdered victim.
Why truck stops and why prostitutes? Apparently, the FBI believes there are 100s of serial-killer-truck-drivers who prey on prostitutes.
The article quotes the Sheriff's office as doing the DNA collection as part of its new treatment program for prostitutes.
On the one hand I applaud the larger picture that acknowledges the reality that prostitutes are victims (future, if not also present) but on the other hand, this is giving me a creepy-Brave-New-World feeling.
Wednesday, July 7, 2010
Texas Prisoners Blog
This might be interesting. http://txprisonerjournal.blogspot.com/ I found this blog while aimlessly surfing. I often stay away from prisoner literature (mainly because I find too depressing), but a blog about prison-hot topics written by Texas inmates could be interesting. I'll try to check back every once in a while.
Adrienne Dunn is a criminal defense lawyer in Dallas. To find out more: http://www.dunncriminallaw.com/
Adrienne Dunn is a criminal defense lawyer in Dallas. To find out more: http://www.dunncriminallaw.com/
Wednesday, June 23, 2010
Collateral Consequences Help
In criminal law, collateral consequences are those consequences of a criminal conviction that do not directly relate to the punishment of the offense. For instance, a direct consequence is prison; a collateral consequence is suspension of the right to vote.
In general, criminal defense lawyers are not obligated to tell their clients of all the collateral consequences of pleading guilty. But recently, the United States Supreme Court has determined that deportation of non-citzens is such a severe consequence that it merits notice before a guilty plea. Padilla v. Kentucky, 559 U.S. __ (March 31, 2010).
The problem with requiring defense attorneys to tell their clients about all the collateral consequences of a criminal conviction is that there are sooooo many consequences. But thanks to the American Bar Association...help is on the way. According to an article in the "Criminal Justice Section Newsletter," Vol. 18, Issue 3, Spring 2010, the ABA is conducting a nationwide comprehensive collateral consequences of criminal convictions survey. Once the project is complete, any lawyer in any state will be able to type in the charged offense and receive a list of all the collateral consequences. The lawyer can simply hit "print" and hand the list to their client. Brilliant!
Adrienne Dunn is a Criminal Defense Lawyer in Dallas, for more information, please visit http://www.dunncriminallaw.com/
In general, criminal defense lawyers are not obligated to tell their clients of all the collateral consequences of pleading guilty. But recently, the United States Supreme Court has determined that deportation of non-citzens is such a severe consequence that it merits notice before a guilty plea. Padilla v. Kentucky, 559 U.S. __ (March 31, 2010).
The problem with requiring defense attorneys to tell their clients about all the collateral consequences of a criminal conviction is that there are sooooo many consequences. But thanks to the American Bar Association...help is on the way. According to an article in the "Criminal Justice Section Newsletter," Vol. 18, Issue 3, Spring 2010, the ABA is conducting a nationwide comprehensive collateral consequences of criminal convictions survey. Once the project is complete, any lawyer in any state will be able to type in the charged offense and receive a list of all the collateral consequences. The lawyer can simply hit "print" and hand the list to their client. Brilliant!
Adrienne Dunn is a Criminal Defense Lawyer in Dallas, for more information, please visit http://www.dunncriminallaw.com/
Monday, June 14, 2010
Our Own Little Part to Help with the case backlog at the Municipal Court
http://www.dallasnews.com/sharedcontent/dws/news/localnews/crime/stories/DN-munycourt_10met.ART0.Central.Edition1.298e02b.html
According to the DMN, the City of Dallas Municipal Courts are full. Full and overflowing. The City implemented a new "proof or plea"court. Meaning, the defendant could bring in proof of innocence (like a driver's license for driving-without-a-license ticket) or plead guilty. I guess the only difference between this special court and regular courts is that in the "proof or plea" court, there are no trials. According to the article, the backlog is improving the length of time pending trial, but it is causing more paperwork for the defense attorneys.
I am the co-chair for the Aid to the Homeless Committee of the Dallas Association of Young Lawyers. We organize a Municipal Community Court for the Homeless twice a year. At this Court, the individuals are sentenced to community service instead to be preformed that very day under the supervision of the Stewpot. This month, we had well over 400 homeless people apply to participate in the program. With 1-10 tickets per person, even a low turn out rate of 50% would alleviate 200-2000 tickets for the Municipal Courts. One could say that we are doing our own little part to help the case backlog on Main Avenue.
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Adrienne Dunn is a Criminal Defense Lawyer in Dallas, for more information, please visit http://www.dunncriminallaw.com/
According to the DMN, the City of Dallas Municipal Courts are full. Full and overflowing. The City implemented a new "proof or plea"court. Meaning, the defendant could bring in proof of innocence (like a driver's license for driving-without-a-license ticket) or plead guilty. I guess the only difference between this special court and regular courts is that in the "proof or plea" court, there are no trials. According to the article, the backlog is improving the length of time pending trial, but it is causing more paperwork for the defense attorneys.
I am the co-chair for the Aid to the Homeless Committee of the Dallas Association of Young Lawyers. We organize a Municipal Community Court for the Homeless twice a year. At this Court, the individuals are sentenced to community service instead to be preformed that very day under the supervision of the Stewpot. This month, we had well over 400 homeless people apply to participate in the program. With 1-10 tickets per person, even a low turn out rate of 50% would alleviate 200-2000 tickets for the Municipal Courts. One could say that we are doing our own little part to help the case backlog on Main Avenue.
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Adrienne Dunn is a Criminal Defense Lawyer in Dallas, for more information, please visit http://www.dunncriminallaw.com/
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