Spring 2008 Clinic News.pub by ghkgkyyt


									                                    CLINIC NEWS
                                    The newsletter of the Texas Tech University School of Law Clinical Programs

                                                  FAREWELL TO PROFESSOR
                                                    MARILYN E. PHELAN
       SPRING 2008

INSIDE THIS EDITION                                      There are simply not enough             while a trial by fire ordeal, made real the proposition of
Pro Bono Luncheon                                        words that can describe how             litigation against a government agency. The lessons
Honors Volunteers .......2                               much Professor Phelan has               learned in her clinic have proven to be a real blessing in my
                                                         contributed to the law school           practice.”
From the Desk of Larry
                                                         and the clinical program.
                                                         She has been an inspiration                                                         Peyton Inge
From the Desk of Larry                                   and mentor to many of the                                            Tax Clinic - Summer 2005
Spain and Gene                                           students, faculty, and staff.
Valentini………………..... 3
                                                         Her many contributions have             “When I started law school in 2001, I knew with 100%
From the Desk of Marilyn        been well known throughout the legal profession not              certainty that I wanted to practice family law. Tax had
E. Phelan……………….....4           only locally, statewide, and nationally but                      never entered my mind. I then took Income Tax with
From the Desk of Wendy          internationally. Professor Phelan took over the                  Professor Phelan as a requirement. To my surprise, I really
Tolson Ross……………....5           responsibilities as Tax Clinic director during the               enjoyed the class. Professor Phelan was so enthusiastic
                                summer of 2003 at which time she moved her office                about the subject that I could not help but be interested. I
Clinical Program
                                to the clinical program suite. It has been a great               participated in the summer session of the Low Income Tax
Recognizes Students…...5
                                pleasure working with Professor Phelan and having                Clinic and learned a great deal in a short time. After
From the Desk of Glenn          the opportunity to know such a wonderful person.                 graduation, I thought I still wanted to practice family law
Roque-Jackson ….….......6       As a tribute to Professor Phelan, we asked former tax            and did so for several months. I learned very quickly that
Thanks to Faculty &             clinic students to contribute comments to this article           family law was not for me. I then turned to tax and
Students ..…………..….....6        which I have incorporated within. The comments                   started working with taxpayers who owed the IRS. I have
                                themselves describe the impact she has made in                   now worked in tax for nearly 3 years and enjoy it
Law and Justice Magnet
                                many lives.                                                      thoroughly. If it had not been for Professor Phelan and her
Program …………………...6
                                                                                                 passion for the subject, I never would have found my
From the Desk of Jeff           “I am sad to hear that the future Tech Law students will         passion.”
Blackburn and Natalie           not have the full-time access to such an incredible professor.
Roetzel ………….…...…....7
                                Professor Phelan was not only an amazing mentor but also                                          Maria O. Abercrombie
IRS Awards Grant .….…8          an outstanding example of the level of professionalism that                                   Tax Clinic - Summer 2003
CCAV Continues to               we as Tech Law graduates should aspire to replicate. She is
Assist Taxpayers….…...…8        the first professor that I have ever felt a kinship to.  “Professor Phelan was such a great role model for me as a
                                Maybe it was the speed of our speech or the speed of our young aspiring female attorney. I was always impressed by
From the Desk of Patrick        minds but she made me feel normal inside a world where   Professor Phelan's energy and knowledge of tax law. My
S. Metze……………….…...9
                                people think and speak much slower then we do.”          experience in the Tax Clinic at Tech with Professor Phelan
Recent Cases of                                                                          was invaluable. Thank you Professor Phelan for all of the
Interest ………...............12                                           Michelle Cheney hard work you put into each and every one of your students
A Word from our                                                 Tax Clinic - Spring 2004 - it was greatly appreciated.”
Students …………….......13
                                “Professor Phelan is a talented instructor and her method                                              Greta L. Cantwell
Snapshot Corner ….... 14
                                of teaching by example is a true credit to the legacy of the                                       Tax Clinic - Fall 2003
Faculty & Staff…….…..15         Texas Tech School of Law. Involvement in her clinic,
                                                                                                                  CLINIC NEWS | 2

 Legal Aid of NorthWest Texas - Equal Justice Volunteer                                                       The 2007 John Crews
                                                                                                             Pro Bono Lawyer of the
      Program Honors 2007 Pro Bono Volunteers                                                                Year Award was awarded

The Pro Bono Awards Luncheon was held in              hours reported to the coordinator during the past
conjunction with Lubbock’s The Legal Aid of           year on cases being handled through the Equal            Professor Wesley J.
NorthWest Texas Equal Justice Volunteer Program       Justice Volunteer Program of Legal Aid of               Cochran – Texas Tech
and the Lubbock County Bar                                           NorthWest Texas and/or number of          University School of
Association’s Monthly Meeting on                                     hours contributed at the legal           Law, Lubbock, Texas
Friday, February 15, 2008 at the                                     clinics. This year we had two (2)
Lubbock Club, 1500 Broadway,                                         recipients and they are as follows:
Lubbock, Texas.                                                      Professor Wendy Ross and
                                                                     Professor Larry Spain, Texas Tech
Several awards were presented to                                     University School of Law Clinical
individuals for their continued                                      Program.
commitment and support.                                                                                      The 2007 Legal Clinic
                                            Pictured above (L to R):
Nominations for the Johns Crews                                       The 2007 Site Clinic Sponsors were      Volunteer Attorney
                                          Professor Wendy Ross, Elma
Pro Bono Lawyer of the Year               Moreno, and Professor Larry recognized with Certificates of        Award was awarded to:
Award are based on the number of                     Spain            Appreciation. Site sponsors
cases accepted, number of hours                                       included: Gaines County                Professor Gerry Beyer –
contributed and number of clinics attended.             Neighborhood Center, (Seminole, Texas), Mae           Texas Tech University
                                                        Simmons Community Center, St. John’s United          School of Law, Lubbock,
Nominations for the clinic awards are based on the Methodist Church, and Texas Tech University                        Texas
                            number of clinics           School of Law.
                            attended and number of
                            hours contributed.          Law firms and bar associations also recognized for
                                                        sponsoring the pro bono clinics included:
                            Certificates were           McCleskey, Harriger, Brazill & Graf, Texas Tech
                            awarded in recognition      University School of Law, West Texas Bankruptcy       The 2007 Legal Clinic
                            of meeting the 50 Hour Bar Association, Mullin, Hoard & Brown,
                                                                                                             Volunteer Lay Advocate
                            Annual Aspirational         Crenshaw, Dupree & Milam, McWhorter, Cobb            Award was awarded to:
                            Goal for Pro Bono           & Johnson, Lubbock County Young Lawyers Bar
                            Services to indigent        Association, and Craig, Terrill & Hale.
  Pictured Above: Alma
Gonzales - Incoming 3L—    persons as recommended                                                            Jamie Sorley – St. John’s
     2007 Legal Clinic     by the State Bar of Texas. Thank you Legal Aid of NorthWest Texas and the            United Methodist
  Volunteer Law Student These certificates were         Lubbock County Bar Association for sponsoring        Church, Lubbock, Texas
                           based on the number of the luncheon!

                                                                                                             The 2007 Legal Clinic
                                                                                                             Volunteer Law Student
                                                                                                             Award was awarded to:

                                                                                                             Alma Gonzales – Texas
                                                                                                             Tech University School
                                                                                                             of Law, Lubbock, Texas
                                                                                                                    (2nd Year)
                                                                                                                             CLINIC NEWS | 3

                     From the Desk of                     Over the course of the spring semester, a total of 16        CIVIL PRACTICE
                                                          new client cases were undertaken, 28 cases were                  CLINIC
                     Larry Spain - Director               completed and closed and 18 cases remain open and
                     of Clinical Programs                 will be carried over to the fall semester. Each of the      • Focuses on development
                                                          students, in addition to being exposed to a variety of
                     and Civil Practice                   legal problems through the evening Pro Bono Clinics,
                                                                                                                      of professional skills and
                                                                                                                      values in a closely supervised
                     Clinic                               participated in the Night Court Divorce Project, a          clinical setting
                                                          program offered in collaboration with the Lubbock
                                                          County Courts to provide representation to low-             • Students will assume
                                                          income individuals in simple divorces with hearings         individual responsibility for
I have been fortunate to have had an incredible                                                                       representing actual clients in
                                                                                          held before judges in the
group of dedicated and                                                                                                all phases of client
                                                                                          evening at the Law
conscientious students to                                                                                             representation in social
                                                                                          School. Each of the
work with in my section of                                                                                            security disability claims,
                                                                                          students also               family law, wills and advance
the Civil Practice Clinic over
                                                                                          participated in a special   planning, housing issues,
the past year which include
                                                                                          Wills Clinic this year,     consumer and civil rights
Julie Bohrer, Sherri Colson,
                                                                                          preparing Wills and         claims and other civil cases
Emily Cook, Sarah Gardner-
                                                                                          other advance planning      of interest to students
Cox, Elizabeth Lieb (fall
                                                                                          documents for low
semester only), Preston                                                                                               • Classroom component
                                                                                          income individuals. In
Mundt, Deena Reynolds                                                                                                 will provide instruction in
                                                                                          addition to these
and Jonathan Stovall. It has                                                                                          substantive and procedural
                                                                                          activities, each of the
been particularly gratifying to                                                                                       law applicable to cases
                                   Pictured L to R: Elizabeth Lieb (Fall only), Sarah     students has been kept
see each of them gain an                                                                                              handled by the Clinic as
                                  Gardner-Cox, Sherri Colson, Deena Reynolds, Emily busy carrying an
increasing level of                                                                                                   well as ethical issues and
                                 Cook, Julie Bohrer, Preston Mundt, Jonathan Stovall individual caseload of 4-
confidence in their ability to                                                                                        professional values;
                                                 and Professor Spain                      5 clients throughout the
handle client cases entrusted Congratulations Elizabeth on passing the February Bar!!                                 professional skill
                                                                                          year and assumed            development; and case
to them as they achieved
                                                                                          primary responsibility      rounds
successful outcomes for their clients. Each of them
                                                          for representing clients in matters involving family
has been able to develop a variety of lawyering skills                                                                • Students have individual
                                                          law, disability claims, civil rights claims, estate
which will prepare them for practice after graduation.                                                                supervisory sessions with
                                                          planning, and consumer matters.
                                                                                                                      faculty and maintain a
                                                                                                                      reflective clinic journal.

   From the Desk of Larry Spain and                         solo mediate a minimum of four disputes through
                                                            the Lubbock County Dispute Resolution Center.
   Gene Valentini                                           The cases ranged from family law matters,
                                                            consumer disputes, landlord-tenant issues, criminal       Congratulations to the
   Eighteen students participated in the Advanced           cases and other civil cases, among others. Every          following students selected
   ADR Clinic during the Spring Semester: Jason                                                                       for the 2008-2009 academic
                                                            student also videotaped an introductory statement
   Anderson, Shatoree Bates, Adriana Bhatt-Kriz,                                                                      year:
                                                            in mediation and completed a research paper and
   Curtis Brancheau, Jared Bylund, Amanda                   oral presentation on mediation topic of their             Professor Spain’s Section:
   Cleghorn, Pamela Dallefeld, Cory Davis, Sarah            choice.                                                   Andrew Anderson, Renee
   Dowdy, Joseph Dyson, Eric Johnson, Chibuike                                                                        Brosch, Julie Caskey, Leslie
   Nwaokelemeh, Amit Patel,                                                                                           Chaggaris, Britton Douglas,
   Jonathan Platt, Jose Ramirez,                                                                                      Jorge Leal, Suzanne
   Stacey Reeh, Matthew                                                                                               Meredith, Victor Rodriguez,
   Sherwood, and Katherine                                                                                            and Aaron Shnider
   Sparks. In addition to the
   course satisfying the                                                                                              Professor Ross’ Section:
                                                                                                                      Alma Gonzales, Alexander
   requirements for completing
                                                                                                                      Kessler, William McCamish,
   40 hours of Basic Mediation                                                                                        Gilda McDowell, K’Lisha
   Training, the students had the                                                                                     Pace, Melinda Powell,
   opportunity over the course of                                                                                     Mathew Sapp, and Crystal
   the semester to observe as well as to co-mediate or                                                                Soria
                                                                                                                          CLINIC NEWS | 4

                   From the Desk of                      The students’ work in the clinic on actual tax cases         LOW INCOME
                                                         and the class sessions on rights of taxpayers and             TAX CLINIC
                   Marilyn E. Phelan -                   the procedures in place to contest tax deficiencies,
                   Tax Clinic Director                   which the students must attend, have proved very         The Low-Income Tax Clinic
                                                         helpful both to the students and to their taxpayer       was formed in April 2000 to
                     Six students, James Beam, Kyle clients. The students also helped with the                    provide professional skills
                     Kovel, Kerri Lawton, Jibin Luke, volunteer income tax assistance program and
                                                                                                                  training to law students and
                                                                                                                  to provide law students the
Savannah Meyer, and Travis Rodak enrolled in the provided help to many persons while they                         opportunity to gain practical
Tax Clinic in the fall and spring semesters to help improved their tax return preparation skills. The             experience in administrative
taxpayers in their controversies with the IRS.           six students should be well prepared to represent
                                                                                                                  proceedings before the
Most of the issues confronting the students              clients with tax problems when they begin the
                                                                                                                  Internal Revenue Service and
involved their clients’ entitlement to the earned        practice of law. In addition, the School of Law is       in judicial proceedings before
income credit, to                                                                     providing a benefit to      the United States Tax Court.
dependency deductions,                                                                the community in            The clinic serves residents in
to head of household                                                                  representing, without       the West Texas Panhandle
status, and to innocent                                                               charge, taxpayers who       area of Texas and Eastern
                                                                                      cannot afford the           New Mexico by offering
spouse treatment. The                                                                                             representation to taxpayers
students have been                                                                    services of a tax
                                                                                      attorney.                   who are unable to obtain
successful in obtaining                                                                                           professional tax counsel.
noncollectible status for
some of their clients and                                                             As I am retiring            Students develop important
have been successful in                                                               effective July 15, 2008,    lawyering skills by
resolving issues relating       Pictured Standing L to R: Kyle Kovel, Professor                                   interviewing and counseling
                                                                                      I will no longer serve as
                                  Phelan, Travis Rodak, Jibin Luke, James Beam                                    clients, conducting factual
to tax liability for others.
                              Sitting L to R: Cory Beth Davis (Summer ‘07), Kerri Director of the Tax             investigations, legal research
They have represented                      Lawton, and Savannah Meyer                 Clinic. Professor           an analysis, negotiating
taxpayers in appellate                                                                Vaughn James, who is        compromises, drafting
hearings and have filed petitions on their behalf        a CPA as well as an attorney, will succeed me and        documents and litigating.
with the Tax Court. They sustained their clients’        already has plans for a great 2008-9 year for clinic     Students are responsible for
positions in three cases that were pending before        students. Good luck to all you and a fond                their own caseloads but are
the Tax Court. The students have filed offers in         farewell. I will miss the students and staff. It has     closely supervised by the
compromise for some taxpayers and have obtained been great working with you and directing the tax                 clinic director. The director
substantial reductions in tax liability for these        clinic.                                                  of the clinic assists the
clients.                                                                                                          students in all phases of their
                                                                                                                  clinical education.
                                                 A dinner in honor of the retirement of
                                                   Paul Whitfield Horn Professor
                                                     Marilyn Phelan was held on
                                                       Saturday, April 26, 2008                                   Congratulations to the
                                                    In the Convocation Area of the                                following students selected
                                               Lanier Professional Development Center                             for either the summer
                                                                                                                  sessions or 2008-2009
                                            Dinner attended by many including “all” of her                        academic year clinic:
                                                   grandchildren (pictured below)!
                                                                                                                  Summer: Bretton Gilmore

                                                                                                                  2008-2009: Cory Boggess,
                                                                                                                  Ryan Damiano, Alexandra
                                                                                                                  Eaker, Dominica Moore,
                                                                                                                  Traci Robison, Levi
                                                                                                                  Siebenlist, Jack Starks, and
                                                                                                                  Elizabeth Watson
                                                                                                                       CLINIC NEWS | 5

                  From the Desk of                     Service’s Shelter, and provided representation with            PRO BONO
                                                       divorces and other family law matters.                       DIVORCE NIGHT
                  Wendy Tolson Ross -
                                                                                                                     COURT CLINIC
                  Civil Practice Clinic                This semester we had a number of non-family law
                                                       cases. One case involved assisting a lady in
                  Director                             attempting to force her insurance company to
                                                                                                                Project is co-sponsored by
                                                                                                                Texas Tech University
                                                       repair her roof. Other cases involved investigating      School of Law Clinical
This semester I had eight students enroll in my        a dispute for improper withholding of wages and          Program, Legal Aid of
section of Civil Practice Clinic. These students       representing a lady in a car title case.                 NorthWest Texas, and
were: Roberto Ambrosino, Kyle Brugamy, Kacee
                                                                                                                Lubbock County Courts.
Harvey, Sammy Lucario, Oscar Mendez, Ashley            Finally, we obtained a couple of clients through
Smith, Allison                                                                     the Wills Clinic this        Law students meet with the
Stephens, and Laura                                                                semester. Students           qualified applicants and
Tones.                                                                             were able to interview       help them file for a divorce
                                                                                   and prepare wills for        under the supervision of the
The majority of cases                                                              people in the                Civil Practice Clinic
worked on by the                                                                   community through            professors. Law students
students were family                                                               Legal Aid of                 prepare the paperwork, file
law cases. We have                                                                 Northwest Texas.             it with the courts, and
accepted many                                                                                                   finalize the divorces before
divorces, both with and                                                                                         the Honorable Judy C.
without children and                                                                                            Parker in the law school
some custody suits.                                                               “I was represented with the   courtroom.
One case involved a         Pictured Standing L to R: Rob Ambrosino, Allison      upmost qualified person on
divorce with                                                                                                    Clinics are held the third
                         Stephens, Kacee Harvey, Laura Tones, and Oscar Mendez staff! Please give this man      Thursday of every month
international issues      Sitting L to R: Kyle Burgamy, Ashley Smith, , Professor a raise, please! Thank you
and working with                                                                  Sammy!!!”                     beginning in September and
                                          Ross, and Sammy Lucario
                                                                                                                ending in April (no clinic in
international officials.
                                                                                                                December). Clinic offices
We have continued this year to provide service to                                Civil Practice Clinic Client
                                                                                                                are used for the interviews
Women’s Protective Services. Students                                                            Ross Section
                                                                                                                and all prove-ups are held in
interviewed women at the Women’s Protective                                                                     the courtroom.

                                                                                                                For an individual to qualify
                                                       745 clients have been served through the clinical        for these services they must
CLINICAL PROGRAM                                                                                                meet the following
                                                       program which include
RECOGNIZES STUDENTS                                    the 160 clients served by

DURING STUDENT                                         the Wills Project which
                                                                                                                •    Meet the income
                                                       began during the Fall
RECOGNITION RECEPTION                                  2002 semester. The
                                                                                                                     guidelines which are
                                                                                                                     based on family size;
                                                       total does not include
                    A total of 80 students were                                                                 •    Must not have children
                                                       the total number of                                           of the marriage;
                    recognized during the              cases handled through
                    recognition reception held on                                                               •    Minimal to no
                                                       the Innocence Project                                         property;
                    April 17th with a Certificate of   since its inception.
                    Appreciation for their                                                                      •    No physical abuse
                    dedication                                                                                       during the marriage;
                                                                                Students who were                    and
                    and                                                         honored participated in
                    participating                                                                               •    Be a Lubbock County
                                                                                the Health Care and                  resident.
                    in the                                                      Bioethics Mediation
clinical programs. A slide show                                                 Clinic, Tax Clinic, Civil       LANWT screens all
presentation was made in                                                        Practice Clinic, Criminal       individuals and schedules
appreciation to the students.                                                   Justice Clinic, Innocence       the appointments.
                                                                                Project Clinic, and ADR
Since the inception of the                                                      Clinic.
clinical programs approximately
                                                                                                                      CLINIC NEWS | 6

                     From the Desk of                   Sheena Molsbee, Earl Oaks, and Cheryl Pitre - I            CRIMINAL
                                                        am proud of each one them.                               PROSECUTION
                     Glenn Roque-
                     Jackson - Director,
                     Criminal Justice                                                                          This is a full-year 8 credit
                                                                                                               hours (4 per semester) course
                     Clinic Prosecution                                                                        limited to 8 students.
                     Section                                                                                   Students who are accepted
                                                                                                               into the clinic must be
                                                                                                               registered for both Fall and
This has been an extraordinary year for the seven
                                                                                                               Spring semesters.
students enrolled in the 2007-2008 Prosecution
Section of the Criminal Justice Clinic. Each one                                                               The Criminal Prosecution
has experienced the thrill of trying a criminal case.                                                          section provides students an
Collectively, they have completed forty four trials         Back Row (L to R): Professor Glenn Roque-          opportunity to investigate,
and compiled an impressive record of thirty eight            Jackson, Alex Benavides, Aimee Bateman,           prepare, and try
wins and six losses. Along the way, they have seen                     Sheena Molsbee and                      misdemeanors on behalf of
the critical role that prosecutors play in our                            Lindsay Kinzie                       the City of Lubbock.
criminal justice system. Tamara Baggett, Aimee              Front Row (L to R): Earl Oaks, Cheryl Pitre,       Under the guidance of
Bateman, Alex Benavides, Lindsay Epley Kinzie,                          and Tamara Baggett                     experienced prosecutors,
                                                                                                               students serve as lead
                                                                                                               counsel on their own cases.

THANKS TO FACULTY AND                                   month of February and assisted with three Pro          Prerequisites include:
                                                        Bono Clinics during the spring semester co-            Students must be 3L status,
STUDENTS SUPPORTING PRO                                 sponsored by the Student Public Interest Initiative,   not on academic probation,
BONO                                                    Volunteer Law Student Association and Family           Evidence, Criminal
                                                        Law Society. All students in both sections of the      Procedure, and Professional
                                                        Civil Practice Clinic participate in the Pro Bono      Responsibility.
Thanks to the following faculty members
                                                        Clinics as part of their clinical work. In addition,   Recommended courses
participated in Pro Bono Clinics with Legal Aid of                                                             include: Texas Criminal
NorthWest Texas during the spring semester of           several students from the Student Public Interest
                                                                                                               Procedure ,Trial Advocacy,
the 2006-2007 academic year: Deans J. Wesley            Initiative, Volunteer Law Student Association and      and/or moot court or mock
Cochran (3 clinics) and Arturo Torres (2 clinics);      Family Law Society assisted at the Pro Bono Clinics    trial experience.
Professors Gerry Beyer (1 clinic), Jarod Gonzalez       during the spring semester.
(1 clinic), Vaughn James (2 clinics), Brian                                                                    Students may not be
Shannon (1 clinic) and Larry Spain (5 clinics).          If you are interested in participating in a future,   concurrently enrolled in this
                                                        Pro Bono Clinic, contact Elma Moreno,                  class and another clinic or
                                                        elma.moreno@ttu.edu .                                  externship; students may not
The Law School faculty co-sponsored with Legal                                                                 have outside employment if
Aid of NorthWest Texas the Pro Bono Clinics held                                                               enrolled in this court,
at St. John’s United Methodist Church during the                                                               however, exceptions will be
                                                                                                               made; and
                                                                                                               students may not sit for the
Clinical Program Provides                               The preceptorship is a partnership between the         February bar exam.
                                                        School of Law and the Estacado High School Law
Preceptorship to Estacado High                          and Justice Magnet Program which intends to
School Law and Justice Magnet                           provide additional educational resources and help
                                                                                                               Congratulations to the
                                                        guide students toward their goals of attending law
Program                                                 school.                                                following students selected
                                                                                                               for the 2008-2009 academic
The clinical program suites continued to become a                                                              year:
                                                        Elma Moreno and Samirah Abdalah, clinic staff,
familiar environment to students with the               have been working closely with the students and        Megan Batchelor, Meredith
Estacado High School Law and Justice Magnet             the program instructor, Lucio R. Trevino, to make      Coffman, Pamela Dallefeld,
Program during the Spring semester. Students            the preceptorship rotation visits a learning           James Frost, Kathryn
were able to assist clinic staff and administrative     experience.                                            Kennon, Brandon Price,
staff with various tasks (including some old                                                                   Joseph Rueda, and Benson
fashioned typing), as well as sit and observe a few                                                            Varghese
law courses.
                                                                                                                           CLINIC NEWS | 7

From the Desk of                                         our students at the Lubbock clinical office.                   INNOCENCE
                                                         Chatman and two of his family members shared                     PROJECT
Jeff Blackburn and                                       their stories with our very inquisitive group, and
Natalie Roetzel -                                        the students expressed their concern over the             This Project is a vital part of
                                                         increasing number of wrongful convictions in the
Innocence Project                                        State of Texas. To date, 16 Dallas County men
                                                                                                                   the Innocence Project of
                                                                                                                   Texas. The mission of
                                                         have proven their innocence using modern DNA              Innocence Project of Texas is:
                                                         testing techniques. Statewide, 32 men have had            • to identify, investigate and
                      The Innocence Project of           their convictions reversed as a result of DNA test        document claims of actual
                      Texas (IPOT) Clinic had a          results that conclusively establish that they were        innocence
                      very successful Spring 2008        not in fact the actual crime perpetrators. Several        • to work to exonerate those
                      Semester. Our 14 students          additional Texas men and women have had their             persons who have been
                      (Angela Dunlap, Brandi                                                                       wrongfully convicted
                                                         convictions set aside on grounds other than DNA
                      Dosser, Bekah Herrmann,            test results, bringing the total number of Texas          • to educate students,
                      Gail Bickford, Dustin Howell, exonerees to over 100.                                         citizens and public officials
                      Becca Stewart, Natalie Kersey,                                                               about wrongful convictions,
                                                                                                                   how they occur and how they
                      Alma Gonzalez, Charity             Because of the diligent work of this year’s IPOT          can be prevented
Mireles, Aaron Shnider, Renee Castillo, Karyna           clinical students, we expect that more men and            • to advocate for criminal
Soldatova, Cynthia Clements, and Becky Behl-             women will be exonerated during the coming                justice system reforms to
Hill) worked diligently on several claims of actual months. To date, our 2007-2008 Texas Tech                      prevent wrongful convictions
innocence received in our downtown office, and           students have reviewed more than 100 claims of            and achieve justice
they also drafted numerous recommendation                actual innocence, and they have recommended               • to assist the wrongfully
memos regarding Dallas County DNA-based                  eight cases for DNA testing. Our recently selected        convicted with their
innocence claims. Additionally, they continued           summer students will pick up where the 2007-              adjustment back into society
work on our new Houston Crime Lab project,               2008 group is leaving off at the end of the
which permits IPOT clinical students to review                                                                     Each student is in charge of
                                                         semester, and as a result of the dedicated work
those cases already identified by an independent                                                                   doing an investigation and
                                                         ethic exhibited by this year’s students, they will        determines if an inmate is
investigative committee as having ‘serious errors’       undoubtedly inherit a strong group of innocence           innocent. From there it is
with serological testing.                                claims and investigations that are ripe for legal         determined how we can prove
                                                         action.                                                   his/her innocence and how
Early on in the                                                                                                    to get them out of jail.
semester, the                                                                                 The IPOT             Finally, the student drafts an
students                                                                                      Clinic wishes to     application for a writ of
celebrated the                                                                                congratulate all     habeas corpus or a clemency
release of                                                                                                         petition.
                                                                                              of our current
Innocence                                                                                     students on a
Project of                                                                                    fantastic year.
Texas client                                                                                  We couldn’t
Charles                                                                                       have been so
Chatman, who                                                                                  successful           Congratulations to the
spent more                                                                                    without your         following students selected:
than 26 years          Front Row (L to R): Lupe Ponciano, Alma Gonzalez, Natalie Kersey,      cooperation and
incarcerated                                                                                  enthusiasm, and      Summer: Stephen Coy, Ray
                                         Dustin Howell, Becky Behl-Hill
for a Dallas                                                                                                       Lopez, and Adam Tisdell
                         Middle Row (L to R): Bekah Hermann, Cynthia Clements, Gail           we thank you
County sexual                         Bickford, Becca Stewart, Anju George                    for your             2008-2009: Victoria Beles,
assault that he        Back Row (L to R): Natalie Roetzel, Renee Castillo, Charity Mireles,   continued            Vanessa Burgess, Paul Cash,
did not               Jeff Blackburn, Aaron Shnider, Karyna Soldatova, and Angela Dunlap support of our
                                                                                                                   Christina Conway, Stefanie
commit. Only                                                                                  cause!               Gonzalez, Michelle Jackson,
a few short days after his release, he visited with                                                                Victoria Muniz, Joel Norris,
“The Innocence Project has taught me the importance of diligence in representation of clients. From a student      Bertrand Pourteau, Kelli
perspective, I’m thankful I was able to be part of a movement aimed at restoring justice in the darkest of         Stumbo, Amber Thompson
places. My most memorable experiences involve talking to exonerees and listening to their stories of hope and      Lara Tomlin, Natalie
faith. Moreover, I was able to work with attorneys and volunteers who are passionate about justice and reform in   VanHouten, Nicholas Vilbas,
the Texas Criminal Justice system.”                                                                                and Tania Ward.
                                                                                               Alma R. Gonzalez
                                                                                            J.D. Candidate 2009
                                                                                                                    CLINIC NEWS | 8

INTERNAL REVENUE SERVICE AWARDS TAX GRANT                                                                      HEALTH CARE
                                                                                                              AND BIOETHICS
The TTU Low Income Tax Clinic began its 8th year of operation in 2008 with a $53,624.00 tax grant               MEDIATION
award. The Internal Revenue Service has awarded $8 million in matching grants to Low Income                       CLINIC
Taxpayer Clinics (LITCs) for the 2008 grant cycle (January 1 thru December 31, 2008). A total of 154
clinics have been funded for 2008 representing 50 states plus the District of Columbia, Puerto Rico,        This course and clinic gives
and Guam.                                                                                                   students an opportunity to
                                                                                                            develop their
The clinic provides representation to low income taxpayers who may not be able to afford a tax              communication, facilitation,
professional when they have tax disputes with the IRS or are trying to comply with tax laws. The clinic     and mediation skills.
also informs taxpayers for whom English is a second language or who have limited English proficiency        Through reading, simulated
of their tax rights and responsibilities. The grant continues to fund a part-time Community Outreach        exercises, field work, and live
                                                                                                            co-mediations, students will
Coordinator position which has helped promote the Tax Clinic in various outreach efforts.
                                                                                                            learn the law, ethics, and
Unfortunately, our current Community Outreach Coordinator, Janie Gonzales, has resigned her
                                                                                                            procedures involved in
position effective April 25, 2008. Janie assisted the LITC in developing long lasting community             mediating disputes. The
partnerships with various agencies and community leaders. She developed educational brochures,              study and work will focus on
conducted community outreach and workshops, and kept all clinic brochures and flyers up to date with        problems and disputes that
yearly eligibility guidelines. Janie was an asset to the LITC and will be missed.                           arise in health care settings,
                                                                                                            including those that arise pre-
                                                                                                            admission, during
                                                                                                            hospitalization/ residency,
                                                                                                            immediately before discharge,
CCAV CONTINUES TO ASSIST                              volunteers were                                       and post-discharge. The issues
                                                      presented with                                        may relate to conflicts
LOW INCOME TAXPAYERS                                  Certificates of                                       between patients, their
                                                      Appreciation.                                         families, and providers. The
The Coalition of Community Assistance                                                                       actual matters handled will
Volunteers (a partnership of the LITC) and staff      Luncheon                                              depend on referrals and
from the Internal Revenue Service trained an          sponsors and                                          approvals from participating
estimated 100 volunteers in early January to assist   VITA sponsors                                         hospitals and nursing homes.
                               with volunteer         formally
                               income tax                                Pictured L to R: Cory Beth Davis   Students who have received
                                                      recognized                                            credit for the other ADR
                               preparation. The       included              (Law student & Assistant Site
                                                                               Coordinator), Adelaida       Clinic will not be able to
                               Lubbock Housing        Lubbock Area
                                                                          Montemayor, Kasey Morales and     enroll in this clinic. The
                               Authority located      Foundation,                                           students’ training will satisfy
                                                                                    Bill Phillips.
                               on 18th and            American Bank                                         the 40 hour requirement for
                               Cricket Avenue         of Commerce, Lubbock National Bank, American          Texas mediators.
                               donated the south      State Bank, City Bank, and Security State Bank.
                               side of their          Special recognition plaques were presented to         This clinic is a 4 credit hour
    Pictured L to R: Non-                                                                                   course held during the Fall
                               building during the    Lubbock Housing Authority, Walt Hanel, Shari
  Resident site Volunteer of                                                                                semester and is limited to 10
 the Year Ken Suitt and Site   tax filing season.     Flynn, Marion Bryant and Cory Beth Davis.             students. 2L and 3L status
Coordinator and Board Vice-                                                                                 students are welcomed.
 President, Marion Bryant.     As a result of the     Other VITA sponsors recognized included Plains
                               efforts of these       Capital Bank, First Bank & Trust, Platinum Bank,
volunteers a total of 2,950 people whose average      Lubbock Avalanche Journal, Xanadoo, WesTex            Congratulations to the
gross income was $12,903 had their tax returns        Document, Inc., Dr. Teresa Lightner (TTU School       following students selected
prepared for free. This saved them approximately      of Business), Dr. Robert Ricketts (TTU School of      for the 2008 Fall semester:
$590,000 in tax prep fees. The low income             Business, Dr. Thomas Longoria (TTU Center for
residents helped received more than $1,300,000 in                                                           Kristin Avots-Avotins,
                                                      Public Service), Professor Bryan Camp (TTU
Earned Income Credits and a total of $2,800,000                                                             Jennifer Bartnesky, Jaime
                                                      School of Law), Professor Joe Marnell (Wayland        Canaves, Mandi Lea-Tejeda
were returned to families within the community.       Baptist University), and Alan Garrett (website).      Duncan, Bretton Gilmore,
An appreciation luncheon was held on April 28th
                                                                                                            Chelsea Kartler, Brandon
at the Lubbock Club honoring all volunteers.          Thanks to all our volunteers and sponsors we had      Lipps, Matthew Rittmayer,
                                                      a successful year!                                    Andrew Ross, and Lisa
The volunteer pool included several law students                                                            Wischkaemper
who took time to assist in tax preparation. All
                                                                                                                     CLINIC NEWS | 9

                    From the Desk of                   released this summer at the organization’s               CRIMINAL
                                                       premiere event in San Antonio, the 21st Annual         DEFENSE CLINIC
                    Patrick S. Metze -                 Rusty Duncan Advanced Criminal Law Course.
                    Director, Criminal                                                                       This is a full-year 8 credit
                                                     Each month the students spent time with one of          hours (4 per semester) course
                    Justice Clinic                   eight different criminal defense lawyers in             limited to 8 students.
                    Defense Section                  Lubbock rotating on a monthly basis through each        Students who are accepted
                                                     office, experiencing criminal practice by observing     into the clinic must be
                                                     and by doing. Mentors for the Criminal Defense          registered for both Fall and
The students in the Defense Section of the                                                                   Spring semesters.
Criminal Justice Clinic were busy this year          Clinic for 2007-2008, all local attorneys practicing
representing real people in real cases in real time. criminal law, were Chuck Lanehart, Danny                The Criminal Defense section
This year students have handled 106 cases for 75 Hurley, Dwight McDonald, Steve Hamilton, Trey               provides a community
clients. Of these 106 cases, 11 are still pending,   McClendon, Robin Matthews, Anne and David               service by representing
68 were disposed of through some type of             Hazelwood, and Laurie Key. All mentors are              defendants in criminal
negotiated plea, 26 cases were dismissed, we         members of the Lubbock Criminal Defense                 cases who would otherwise
suffered 1 loss, 98 were misdemeanors, 8 were        Lawyers Association, a financial supporter of the       be unable to afford their
                                                     Texas Tech School of Law and the Criminal               own legal representation.
felonies, with 1 being an appeal of a first degree                                                           Cases involve
felony aggravated sexual assault. This is an average Defense Clinic.                                         misdemeanors, felonies,
student case load of 9.375 clients per student and                                                           and juvenile offenses in
13.25 cases per student, well in excess of the       November 15, 2007, the Clinic hosted Lydia Clay-
                                                                                                             Lubbock County and the
clients and cases promised in the clinic catalogue. Jackson of Conroe, Texas, Board Certified in             surrounding metropolitan
Students handled all phases of representation        Criminal Law, Dean of the Texas Trial College in        area.
from initial interview through appearance in         Huntsville, Texas and currently Secretary of the
Court. Having represented clients in the             Texas Criminal Defense Lawyers Association who          Prerequisites include:
Municipal Court, the Justice of the Peace, the       spoke to students on “Why the Law?” and worked          Students must be 3L status,
                                                                                                             not on academic probation,
Magistrate Court, the Administrative Law Court, on a one-on-one basis with the students of the               Evidence, Criminal
both Lubbock County Courts at Law, all three         Criminal Defense Clinic in developing the theme
                                                                                                             Procedure, and Professional
felony District Courts and the 7 District Court of and theory of their cases. Many thanks to Abby
Appeals were Joseph Baker, Latoya Colley, Steve      Glisan, Christine Schwartz and Latoya Colley for
                                                                                                             Recommended courses
Forsberg, Abigail L. Glisan, Aaron Holt, Kathleen their assistance in coordinating Ms. Clay-Jackson’s        include: Texas Criminal
Nacozy, Christina Schwartz and LaShonda Taylor. appearance and to the Lubbock Criminal Defense               Procedure ,Trial Advocacy,
Please congratulate everyone all for all their hard  Lawyers Association for their financial support of      and/or moot court or mock
work.                                                the Clinic.                                             trial experience.

                                                       February 28 and 29, 2008, the students of the         Students may not be
Cases handled to date include: 14 DWI's, 11                                                                  concurrently enrolled in this
Failure to Identify to Police Officer, 12 Possession   Criminal Defense Clinic attended a two day
                                                       Evidence Boot Camp in Plano, Texas, courtesy of       class and another clinic or
of Marijuana <2 oz, 11 Misdemeanor Theft, 14                                                                 externship; students may not
Domestic Violence Assault (including 2 felonies),      the Lubbock Criminal Defense Lawyers
                                                                                                             have outside employment if
4 Evading Arrest, 1 Unlawfully Carrying a              Association, the Texas Criminal Defense Lawyers       enrolled in this court,
Weapon, 3 Prohibited Weapon (including 1               Association and the Center for American and           however, exceptions will be
felony), 5 Felony Possession of a Controlled           International Law. Thanks to local attorney           made; and
Substance, 2 Felony Theft, 2 Prostitution, 3           Donnie Yandell for his assistance during the trip     students may not sit for the
Resisting Arrest, 2 Criminal Mischief, 3 Criminal      to and from Plano.                                    February bar exam.
Trespass, 1 Traffic Ticket, 1 Administrative
License Revocation, 1 Possession or Use of             This year other guest speakers included local
Volatile Chemicals, 6 Driving While License            attorney Steve Hamilton who demonstrated
                                                                                                             Congratulations to the
Invalid, 1 Intoxication Assault, 1 Felony              administrative license revocation techniques, local
                                                                                                             following students selected
Tampering With Evidence, 2 Disorderly Conduct,         attorney Mark Snodgrass who spoke on bail bond        for the 2008-2009 academic
1 Interference with 911 Call, 2 Reckless Driving, 1    procedures, local attorney Chuck Lanehart who         year:
civil matter, 1 Possession of Drug Paraphernalia, 1    gave a talk on the history of the Lubbock County
Appeal on an Aggravated Sexual Assault.                Bar, Director of Court Administration for             Tifanee Baker, Gail Bickford,
                                                       Lubbock County David Slayton who instructed           Paul Harrell, Luz Martinez-
                                                                                                             Bernal, Melissa Moreno,
In their spare time the students rewrote and edited                                                          Jason Rew-Hunter, Thomas
a Trial Notebook to be published by the Texas                                                                Roberts, and Sosa Thomas
Criminal Defense Lawyers Association and                                           (continued on page 10)
                                                                                                                                     CLINIC NEWS |10

From the Desk of Patrick S. Metze                           fortunate person would have simply written a check for                ADR CLINIC
                                (continued from page 9) and been done with on day one. I don't even want to
                                                            think about what might have happened to him if he                • Students receive intensive
students on how local rules in Lubbock and                  hadn't been appointed an attorney.”                              mediation and conflict
throughout Texas affect procedures in securing                                                          Steve Forsberg       resolution skills training and
court appointments for criminal clients, and Dr.                                                                             course qualifies as the 40
Philip Davis who worked with the students                   “One thing I remember that was kinda funny – when                hour basic mediation training
discussing mental health issues including                   we all got new appointments on a Thursday afternoon,             • Students will have the
                                                            and they all had status conferences the following                opportunity to observe
understanding the criminal client and how to
                                                            Monday, and we called Lindy at the jail to make                  mediations, co-mediate and
maintain a healthy attitude while practicing                                                                                 solo mediate actual disputes
criminal law.                                               appointments to see our clients the next day. One person
                                                                                                                             through the Lubbock County
                                                            called her and then we passed the phone around the
                                                                                                                             Dispute Resolution Center
“Being able to observe two trials from some of the best     table, each hoping there would still be an appointment
                                                                                                                             • Class format will consist of
defense attorneys in Lubbock, Danny Hurley and Steve time left. Whoever ended up with the phone last was                     a combination of lecture,
Hamilton, were the most invaluable experiences of the       probably going to the jail on Friday morning at 8:00             class discussion and
year. Specifically, being able to watch how these lawyers a.m. to see their client.”                                         interactive participation,
                                                                                                        Abigail Glisan       skills exercises, mediation
handled jury selection will prove invaluable in my future
                                                                                                                             role plays, videotape review
career. As we all know, many trials are won or lost
during jury selection.”                                     “I think my favorite case is the one that has had the            • Course will provide
                                             Joseph Baker greatest impact on my attitude towards criminal                    students with opportunity to
                                                            defendants. When we were handing out cases, Pat said             develop skills essential to
                                                            "This guy is in the Aryan Brotherhood and has a rap              effective problem- solving that
“I walked into the Lubbock County Courthouse                                                                                 can be integrated in the
uncertain as to the fate of my client. I knew some errors sheet thicker than a phone book, so I can't give it to any         practice of law as well as well
were present in his case but I was angst about how          of the girls or African-Americans. I can't give him to
                                                                                                                             as advise, counsel and prepare
effective a defense strategy this was. After discussing the anyone small, because I don't want them to be physically         clients for mediation
case with my supervising attorney I felt more assured       intimidated. That leaves Steve and Aaron." Being 6'5''
about presenting my defense. I entered the negotiation      and 230lbs, I got this domestic assault case. The arrest
room and explained the errors that I had discovered in      report told a story of stark violence, but not marks or          Congratulations to the
the reports. The DA agreed that the errors were present bruising, during an argument and a classic he said/she
                                                                                                                             following students selected
                                                            said. So I put on my best I-will-not-be-intimidated face         for the 2009 Spring semester:
but made an offer that was still unfavorable to my
client. I looked to my supervising attorney for assurance and arranged a meeting with the 6'2'' and 200lbs client.           Nicholas Arrott, Meredith
and made one final protest. But this time when I spoke I Unfortunately, the jail sheet did not show the swastika             Brant, Jonathon Clark, Linda
became aware that I spoke much differently than the         tattooed on his neck and I found myself staring a
                                                                                                                             Clark, Cynthia Clements,
person who had entered the Criminal Defense Clinic in number of times throughout the first interview. As our                 Marguerite Gabriele, Tommy
early August. As I spoke I realized that I was finally      case went along, two things I had not expected became            Chase Garrett, Mark
fighting the battle that my supervising attorney had        readily apparent: 1) we might be able to win; and 2) I           Gleason, Elizabeth
encouraged me to fight earlier in the semester. Because of actually liked the guy.                                           Henderson, Aaron Hendley,
                                                                                                                             Rebekah Herrmann, Natalie
this fight the DA agreed to dismiss the charges which
                                                                The case isn't concluded, so I can't say if we will win or   Kersey, Frances Jean Moss,
had the greatest impact on my client. Based upon this                                                                        Carrie Nguyen, Sean
experience I now welcome the opportunity to speak up            lose, but being a semi-conservative DA-wanna be, just
                                                                the fact that I began to accept this arch-criminal with a    Nottingham, Konstantin
and advocate for my clients. I learned from this                                                                             Parkhomenko, Sally Pitman,
experience that you cannot be victorious unless you are         Nazi tattoo on his neck spoke volumes about the change
                                                                                                                             and David Thompson
willing to fight the battle.”                                   in my preconceived notions of criminal defendants.
                                          Latoya Colley         Despite his many, many, many flaws, you really can't
                                                                judge people based upon appearance. There is a whole
“I remember meeting my first client. He was pretty              other side human side to the criminal system that gives       Congratulations to
                                                                you insight into a person's fears, dreams, and character.
cynical. At one point he said "I know how the system
                                                                In short, I learned that criminal defendants are people
                                                                                                                              Mahon Professor of
works. The prosecutor gets paid, you get paid, and here                                                                               Law
in jail I sit." (actually, I wasn't getting paid, but that is
                                                                                                              Aaron Holt      Susan Saab Fortney
besides the point.) We ended up getting most of his
charges dismissed, but not before he had spent a couple                                                                      for being selected as a
months in jail for what amounted to a Class 'C'                                                                              Paul Whitfield Horn
misdemeanor. In the end, the "system" worked and his                                                                               Professor!
serious charges were dismissed. But the same "system"
                                                                                               (continued on page 11)
kept him in jail for months for something that a more
                                                                                                                                  CLINIC NEWS | 11

From the Desk of Patrick S. Metze                            Monday morning. The client informed me that he plead          Recent Cases of Interest
                              (continued from page 10) guilty at his arraignment to a class A misdemeanor,                 (continued)
                                                             which carries a punishment of up to a $4000 fine, up to
                                                             1 year jail, or both. The client requested appointment of     Innocence Project of
“Last week one of my clients looked at me and said,
                                                                                                                           Texas - The latest
“Alright, I trust you so I’m gonna tell you something….” counsel at the arraignment as well. As such, the judge
                                                             did not accept his plea and instead appointed counsel.        exoneree released last
Even though I’ve told every client they can tell me
                                                             At the time of the interview the client had been in jail      week in Dallas County
anything because of confidentiality rules, it felt like
                                                             for about 30 days. The client confirmed that he               with the help of Innocence
something different when my client said this. I knew
                                                             understood the purpose of an arraignment—solely to            Project of Texas. James
then that I had earned his trust.”
                                         Kathleen Nacozy inform the defendant of the charges against him.                  Woodard served 27 yrs for
                                                             Nevertheless, the client thought that he had “served his      a crime he did not
                                                             time” even without being found guilty of the crime and        commit. 60 minutes did
“I was definitely nervous about the whole situation. I
                                                             being sentenced. I guess he figured that 30 days was a        a special featuring the
did not know what to expect; especially in criminal
                                                             reasonable amount of time in his opinion. Furthermore,        Innocence Project of Texas
defense. I knew that I
                                                                                              the client refused to sign   (IPOT) and Dallas County
was going to have to
                                                                                              the Consent to Student       on Sunday, May 4th. Mr.
visit the jail, negotiate
                                                                                              Representation that          Woodard is the innocent
pleas with the
                                                                                              evening because he           man who has served the
prosecutors , answer to
                                                                                              “needed to talk to some      most time in this
the judge, but I never
                                                                                              people because [he]          country. His case was
knew that in 8 months
                                                                                              didn’t understand what I     investigated by IPOT
I would have done so                                                                                                       volunteer law student Alexis
                                                                                              was supposed to do
much growing. I                                                                                                            Hoff, the Dallas County
                                                                                              because he had already
learned a lot about                                                                                                        District Attorney’s Office,
                                                                                              served his time.” Mind
myself through the                                                                                                         and IPOT attorneys
                                                                                              you, it was 6:30 p.m. on
process. I was going to                                                                                                    Michelle Moore and Jeff
                                                                                              a Friday evening and the
be a prosecutor;                                                                                                           Blackburn.
                                                                                              client had a status
perhaps a career
                              Pictured Standing (L to R): Aaron Holt, Professor Patrick conference the following
prosecutor. I had already                  Metze, Joseph Baker, Steve Forsberg                                             For more information about
                                                                                             Monday morning.
accepted the low pay and          Sitting (L to R): Lashonda Taylor, Kathleen Nacozy,                                      this segment, please visit
                                                                                             Apparently, the client’s
all that came with it, but       Christine Schwartz, Latoya Colley, and Abigail Glisan                                     http://www.cbsnews.com/
                                                                                             cell mates and neighbors
in the clinic I learned that                                                                                               stories/2008/05/02/60min
                                                                                             give better advice.”          utes/main4065454.shtml
I was not going to accept
                                                                                                     LaShonda Taylor
people not being listened to or given a fair shot. I tried
my best to relate to my clients; I worked hard to make
                                                             This report shows significant effort and
sure that my clients were receiving justice. I did not
                                                             professionalism by all members of the Clinic. I
think I was doing anything special but I can’t explain                                                                       “I cannot thank you enough
                                                             hope the experience was meaningful and a jump
the feeling you get when you know you have helped                                                                             for taking on this unusual
                                                             start to a successful law practice. Also, it is my
someone and changed their lives. I have received a                                                                         and challenging case, and for
                                                             sincere wish that each student remembers Texas
bouquet of chocolate covered strawberries, invitations to                                                                    all your effort. Counsel for
                                                             Tech Law fondly with particular affection for their
my client’s home for dinner and even letters from other                                                                    the Client Security Fund was
                                                             clinic experience. As I tell the students, its not
inmates wanting my help. All I know is that I want                                                                            very complimentary of you
                                                             about numbers, its about treating each client as a
that feeling every day and I am now going into criminal                                                                        also. I would also like to
                                                             valuable individual, doing your very best for each
defense. I am so glad that I could have been a part of                                                                      personally thank whoever at
                                                             client to represent them to the best of your ability,
such a great program.”                                                                                                      the clinic was responsible for
                                                             and to ethically seek Justice for your client by
                                       Christine Schwartz                                                                  agreeing to represent the client
                                                             holding the State to their burden. Preparation is
                                                             the key. Good Job to all! Stay in touch.                           on this issue. I doubt he
“Funny client memory – I conducted an initial client                                                                       would have been successful on
interview in jail on a Friday evening around 6:30 p.m.                                                                                  his own.”
in preparation for a status conference the following
                                                                                                                           The Assistant Disciplinary
                                                                                                                            Counsel for the State Bar
                                                                                                                                             of Texas
                                                                                                                     CLINIC NEWS | 12

RECENT CASES OF INTEREST                              retardation, pervasive                                    WHERE ARE THEY
                                                      developmental delay and                                       NOW?
                                                      disruptive behavior disorder.
Deena Reynolds was able to
                                                      When the client turned 18, a
accomplish the amendment of a
                                                      continuing disability review was
birth certificate for her client’s                                                                            Gabriel Meyrat (Civil Clinic
                                                      conducted and he was
12 year old child, whose birth                                                                                2006-2007) is a staff
                                                      determined no longer disabled
certificate at birth did not list a                                                                           attorney at the LANWT
                                                      and that determination was appealed. Principally        office in Plainview.
first name nor take the name of
                                                      by obtaining additional medical evidence,
the child’s father, whom she had
                                                      including an assessment by his treating                 Carrie Mills (Civil Clinic
married in Mexico but was
                                                      psychiatrist, testimony from a vocational counselor     2006-2007) is an Assistant
living in the United States undocumented. Since
                                                      and evidence of failed work attempts, Julie was         District Attorney in Smith
shortly after the child’s birth, she had attempted to                                                         County (Tyler).
                                                      able to persuade the ALJ that the client was unable
get the birth certificate amended through the
                                                      to engage in any substantial gainful work activity as
assistance of two other individuals without success.                                                          Holly Haseloff (Tax Clinic—
                                                                          result of pervasive developmental
                                                                          delays, depression and              Spring 2005) is an Associate
Obtaining the necessary documentation to                                                                      Attorney with Craig, Terrill,
                                                                          schizoaffective disorder and
accomplish the amendment of the birth certificate                                                             Hale & Grantham in
                                                                          remained disabled.
was complicated by the necessity of obtaining an                                                              Lubbock.
acknowledgement of paternity executed in the
                                                                          Jonathan Stovall represented a      Brent T. Sykora (Tax Clinic—
United States which would be difficult for the
                                                                          client on a warranty claim          Spring 2004) is an Associate
father who was not a citizen of the United States
                                                                          involving the purchase of a used    Attorney with The Gilbreath
and could not enter legally. As an alternative, an
                                                      motorcycle and was able to obtain a favorable           Law Firm, PLLC in San
apostille for the marriage license issued in Mexico                                                           Antonio.
                                                      settlement of the case before filing suit.
could be provided to establish the authenticity of
their marriage and the presumption of paternity                                                               Greta Cantwell (Tax Clinic—
                                                      Emily Cook represented a client whose claim had
which was done.                                                                                               Fall 2003) is currently
                                                      been denied by the Client Security Fund of the
                                                                                                              working as an Enforcement
                                                      State Bar of Texas involving a refund of fees paid      Attorney for the Texas State
Deena Reynolds received a fully favorable decision
                                                      to an attorney who had failed to effect service of      Securities Board in the San
after a hearing before an Administrative Law Judge
                                                      an employment law claim resulting in a dismissal        Antonio Branch Office
on the disability claim of a 51 year old individual
            th                                        of the claim which was then barred by the Statute
having a 9 grade education with diagnoses of
                                                      of Limitations. The client had made a request of        Mogey Lovelle (Civil Clinic—
morbid obesity; osteoarthritis of the back and right                                                          Fall 2003) is the Assistant
                                                      the Client Security Fund without the assistance of
knee; diabetes; hypertension; and dysthymia. The                                                              Director of the Houston
                                                      an attorney and only contacted the Clinic after his
ALJ found the claimant disabled retroactive to                                                                Branch Office for the Texas
                                                      claim had been denied. The client’s attorney had
August 28, 2006. She received a back award of                                                                 State Securities Board.
                                                      been ordered by the Disciplinary Board to repay
$7,866 and monthly benefits of $424l
                                                      the client the fees paid as a retainer and, when he     Maria Abercrombie (Tax
                                                      failed to do so, was disbarred. The initial decision    Clinic—Summer 2003) is an
Sarah Gardner-Cox received
                                                      of the Client Security Fund denying payment was         Executive Director at
a fully favorable decision
                                                      based on the rationale that the attorney had            Certified IRS Solutions, LLC,
after a hearing before an
                                                      earned at least a portion of the fee that he had        The Woodlands, Texas.
Administrative Law Judge on
                                                      been paid. In a detailed thorough request for
the disability claim of a 49                                                                                  Eric A. Navarrette (Civil
                                                      reconsideration analyzing the criteria for a
year old individual with a                                                                                    Clinic—2006-2007) is with
                                                      reimbursable loss under the criteria established for
high school education who                                                                                     Mullin Hoard & Brown,
                                                      the Client Security Fund, we argued that if the
was diagnosed with toxic optic neuropathy with                                                                L.L.P. in Lubbock. He
                                                      retainer was viewed as an advancement of fees, the      practices family law and civil
visual impairment secondary to alcohol abuse.
                                                      attorney did not perform even a minimal amount          litigation.
Based on medical evidence established through his
                                                      of work that would justify his retaining any
treating physician, the ALJ concluded that the
                                                      portion of the funds received since, by failing to
claimant was disabled retroactive to July 1, 2006.
                                                      effectuate service on the defendant, any services
                                                      that the lawyer performed were wholly
Julie Bohrer received a favorable decision after a
                                                      ineffective. The Client Security Fund reversed
hearing before an administrative law judge for her
                                                      their initial decision and awarded him $1,350
21 year old client who had initially been
                                                      (The $1,500 retainer minus the $150 filing fee).
determined disabled and eligible for SSI benefits
                                                                                     (continued on page 13)
at age 8 with a diagnosis of mild mental
                                                                                                                                    CLINIC NEWS | 13

RECENT CASES OF INTEREST                             Sherri Colson represents an elderly couple who                           ELMA MORENO
                                                     contracted with an unlicensed individual to re-roof                       SELECTED AS
                           (continued from page 12)
                                                     their house based on false and deceptive
                                                     representations and who performed the work in a
                                                                                                                               RECIPIENT OF
Sherri Colson filed an appeal to the Appeals                                                                                   2008 HISPANIC
Council from a partially favorable decision issued substandard manner resulting in water damage
in a social security disability case after a hearing and the need for a new roof. A demand has been                            INSPIRADORA
before an Administrative Law Judge she conducted made under the Deceptive Trade Practices Act                                     AWARD
during the fall semester. Although the ALJ found against the individual and, absent a settlement,
the client was disabled as a result of obsessive-    suit will be filed on their behalf.
compulsive disorder, severe major depression,
dependent personality, panic attacks, and            Preston Mundt
difficulties with confusion, concentration and       represented a 45 year old
memory, we are appealing the onset date of her       woman with Hepatitis C,
disability which affects her entitlement to Social   depression and a lateral
Security Disability Insurance Benefits. A brief has meniscal tear in the right
been submitted to the Appeals Council and we are knee on a disability claim
awaiting a decision.                                 before an Administrative
                                                     Law Judge in February. A decision in her case is
                                                     still pending.
                                                                                                                            The Hispanic Association of
                                                                                                                            Women (HAW) provide
A WORD FROM OUR                                                it and really started enjoying it. It was actually kind of
                                                                                                                            business and community
                                                               fun and that is something I never thought I would say
STUDENTS:                                                      about speaking in public. I thought, for the first time, I
                                                                                                                            members the opportunity to
                                                                                                                            nominate outstanding
                                                               can actually do this. Plus, I won!! So, it was a good        women in the community.
“My clinic experience this year was very valuable. I           ending to a very important day in my life—my very first      Categories for nominations
                      learned how to interview clients to      trial ever.”                                                 include Education, Medical,
                      get the full picture, even when they                                              Sheena Molsbee      Legal, Civil/Church,
                      are not aware that something is                                                  CJC - Prosecution    Media/Public relations,
                      important information. I have also                                                                    Business/Professional, and
                                                          “During the closing argument of my first jury trial I felt
                      learned a little about what it is like                                                                Youth. Elma was nominated
                      to deal with the IRS’ bureaucracy.  a strong connection with the jurors. Each person                  by Christy Martinez-Garcia
                      Sine I want to practice tax law, I  listened - some even nodded in agreement - as I reviewed          (pictured above) for the legal
                                                          favorable evidence. I felt comfortable. My nervousness            category. Banquet was held
                      expect that my new understanding
                                                                                                                            on April 10th at Lubbock
will be very helpful. Overall, the Clinic was an amazing  had dissipated, replaced by a feeling of being in a
                                                                                                                            Christian University
experience.”                                              conversation with the men and women in front of me. I
                                            Kerri Lawton achieved my primary goal for the prosecution clinic: to
                                       Tax Clinic Student see how jurors would react to me. They liked me.”
                                                                                                          Tamara Baggett
“My most memorable experience was trying my first case.                                            CJC – Prosecution
It was great to be back in a practical, rather than
academic environment and apply many of the things I
have learned in law school. Each trial I have done has     “My clinic experience served to reinforce
been fun and challenging and taught me something           my belief in giving back when possible.
about myself.”                                             The clinic also allowed us to confront
                                           Aimee Bateman issues of professionalism in the process
                                         CJC – Prosecution of helping others. This, I believe will
                                                           make us better lawyers. When someone                             Pictured above (L to R):
“My most memorable experience in the prosecution clinic comes in and depends on you, you                                    Esther Pena (Hispana of the
was my first trial. It was a disorderly conduct against    cannot help but feel the responsibility to                       Year Committee Member),
two roommates, the cases were consolidated because they do a good job …… IN all, I enjoyed my clinic experience.            Elma Moreno, and Daniel
                                                                                                                            Sanchez (President of TTU/
involved all the same evidence, for having a loud party. I feel that is both gave me the confidence necessary to
                                                                                                                            TTUHSC Latino(a)/Hispanic
I felt nervous, a little unsure of what I was doing, and   come out of law school knowing that I will do a good job         Faculty and Staff Association
kind of bad for prosecuting someone for something I have and it also helped me to understand that I can make a
probably done. But, once I got in there, got through the difference in people’s life.”
formalities of reading the complaint and opening, and                                                      Kyle Kovel
began asking questions I really started to get the hang of                                         Tax Clinic Student
                                                                                                                        CLINIC NEWS | 14

“Rob was great to work with. He explained everything to me and made    “Dearest Rob,
sure I understood. He will be an asset to any firm.”                   Thank you so much for all you did for me and the time you spent. You
                                                                       were very professional and you represented me wonderfully. Good luck in
                                          Civil Practice Clinic Client the future and thank you so much!”
                                                          Ross Section
“Laura was great. I enjoyed working with her She will be an excellent
                                                                                                          Civil Practice Clinic - Ross Section
lawyer one day!”

                          Civil Practice Clinic Client - Ross Section

                                             Snapshot Corner
                                                                                                             CLINIC NEWS | 15

Clinic Directors:
                                    CLINIC FACULTY AND STAFF
Larry R. Spain
Civil Practice Clinic
ADR Clinic

Marilyn E. Phelan
Tax Clinic

Wendy Tolson Ross
Civil Practice Clinic

Glenn Roque-Jackson
Criminal Justice
Prosecution Clinic

Patrick S. Metze
Criminal Justice Defense

Susan Fortney
Health Care & Bioethics
Mediation Clinic

Jeff Blackburn               Standing (L to R): Samirah Abdalah, Professor Glenn Roque-Jackson, Adjunct Gene Valentini,
Innocence Project of Texas   Professor Larry Spain, and Elma Moreno Sitting (L to R): Professor Wendy Ross, Professor Marilyn
                             Phelan, Professor Susan Fortney, and Janie Gonzales
Co-Directors:                Pictured below: Adjunct Jeff Blackburn, Associate Natalie Roetzel, and Professor Patrick Metze
Gene Valentini
Health Care & Bioethics
Mediation Clinic and ADR

Natalie Roetzel
Innocence Project of Texas


Elma Moreno
Office Manager/Legal
                                                              CLINIC NEWS
                                                                   Spring 2008 Edition
Samirah Abdalah
Receptionist/Legal                                                1802 Hartford Avenue
                                                                   Lubbock, TX 79409
Janie Gonzales                                                       (806) 742-4312
LITC Community
Outreach Coordinator

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