dcdla

My apologies for the second meeting in a row without audio. I will have that fixed for October.

In this meeting, Judge Crowder gave us a fantastic caselaw summary on frequently raised issues in DWI. Very helpful material, the paper is attached below. This paper has joined a growing list of forms, motions and articles available on our Monkey Wrench. We have a growing databank of DWI materials you can look at here: http://wiki.dcdla.org/index.php/DWI_Forms_and_Articles as well as a host of other fantastic info.

You can also find September’s Caselaw Update, given by Kathi Drew http://wiki.dcdla.org/index.php/Caselaw_Update_September_2008

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This meeting, held in the Lawyers Lounge saw an amazing turnout! The Caselaw Update, which had been missing in most recent meetings, due to a desire not to overburden its authors who had enough on their plates, made its triumphant return.

There is no audio at this meeting, and the handout can be found in our Monkey Wrench database (formerly known as the wiki)  at http://wiki.dcdla.org/index.php/Caselaw_Update_Summer_2008 That site is password protected, but chances are, you already have an account. If not, or if you can’t remember, email Alison Grinter.

Quick technical note: I can’t seem to fix the audio file so that it plays correctly in the little flash application inside this website. I have been able to do it before, but something is not working. Anyway, to hear the meeting, download the file by right-clicking the mp3 at the bottom of the page and selecting “save link as” or “save target as” depending on your browser. It will work just fine.

Larissa Roeder was our speaker this month, and the meeting was VERY well attended. This one is not to be missed. You have the forms, now hear the talk, including (but certainly not limited to) Larissa’s top secret exceptions to certain requirements.

Larissa wanted to add a bit to her already jam-packed with great info rundown. In her email sending the forms, she said:

Also, I only briefly touched on an individual’s eligibility for expunction where a single arrest results in more than one charge.  If a defendant is convicted of a second offense or a lesser-included offense, he/she does not appear to be eligible for any expunction relief.  Opinions excluding ANY of the records from eligibility for expunction beg the question as to whether a partial or “limited” expunction is ever appropriate - think DWI/obstruction.  See

• Rodriguez v. State, 224 S.W.3d 783 (Tex. App.–Eastland, 2007);
• TX DPS v. Aytonk, 5 S.W.3d 787 (Tex. App.–San Antonio 199, no pet.);
• Ex parte Baldivia, No. 07-05-0046-CV, 1007 Tex. App. LEXIS 142 (Tex. App.–Amarillo, 2007);
• Molish v. State, No. 2-07-271-CV, 2008 Tex. App. LEXIS 3216 (Tex. App.–Fort Worth,  May 1, 2008, pet. filed);
• Ex parte Fleck, No. 05-07-01433-CV, 2008 Tex. App. LEXIS 4522 (Tex. App.–Dallas, June 19, 2008, no pet. h.);
• TX.DPS v. Lopez, No. 13-05-619-CV, 2007 Tex. App. LEXIS 5341 (Tex. App.–Corpus Christi, 2007);
• Addicks v. State, No. 03-06-00114-CV, 2007 Tex. App. LEXIS 2162 (Tex. App.–Austin, 2007).

Just something to think about.

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Nondisclosure Offense List

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Nondisclosure Forms

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Order for Expunction

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Petition for Expunction

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Update to last year’s paper. This should give you the full picture.

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This is the fantastic paper that Larissa gave us last year. The only difference is that the forms are missing to avoid confusion. We are asked to please use this year’s forms (posted here).

Also, don’t forget the update to this paper (posted next).

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Well, contrary to certain reports from untrustworthy sources, Tom Pappas did not give a talk on Sex Offender Registration, but rather the recent difficulty many have been encountering in transferring probationers out of Texas. Apparently, there’s an interstate compact that controls the flow of probationers between the states. The rules can be found here. Tom has had a couple of run-ins with these folks, and gives us a few tools to help us get our people out of Texas.

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