Chief Justice Tom Gray – Center for Law, Engagement, and Politics

10th Court of Appeals: 2019

Every year, the LEAP Center hosts the 10th Court of Appeals, which hears 3-4 cases on Sam Houston State University’s campus. The three Justices serving on the 10^th Court of Appeals are Chief Justice Tom Gray of Waco, who is also an SHSU College of Business Administration alumnus; Justice Rex Davis of Waco; and newly-appointed Justice John E. Neill of Burleson.

SHSU, LEAP Center, LEAP Ambassadors, Kerper Courtroom, Texas 10th Court of Appeals, Justice Tom Gray

Our job is primarily to (1) market the event, (2) take care of the logistics, (3) arrange lunch, and (4) learn as much as possible. We rotate greeting duties at the door, while other Ambassadors join the spectators inside, giving us all the opportunity to see at least two cases.

SHSU, LEAP Center, LEAP Ambassadors, 10th Court of Appeals, Chief Justice Tom Gray,

We had several elected officials join us, including County-Court-At-Law Judge Tracy Sorenson…

SHSU, LEAP Center, LEAP Ambassadors, 10th Court of Appeals, Chief Justice Tom Gray, Judge Tracy Sorensen

…District Judge Don Kramer…

SHSU, LEAP Center, LEAP Ambassadors, 10th Court of Appeals, Chief Justice Tom Gray, Judge Don Kramer

…and County Judge Danny Pierce…

SHSU, LEAP Center, LEAP Ambassadors, 10th Court of Appeals, Chief Justice Tom Gray, Judge Danny Pierce

They were part of a crowd that totaled some 240 students, staff, faculty, administrators, and members of the public, making for a strong audience.

Before each case, Justice Tom Gray introduces the justices and the attorneys…

SHSU, LEAP Center, LEAP Ambassadors, Kerper Courtroom, Texas 10th Court of Appeals, Justice Tom Gray

…educates the public on how an appeal hearing unfolds…

SHSU, LEAP Center, LEAP Ambassadors, 10th Court of Appeals, Chief Justice Tom Gray,

…and lays out the courtroom etiquette.

SHSU, LEAP Center, LEAP Ambassadors, 10th Court of Appeals, Chief Justice Tom Gray,

The first case was Deanna Kathryn Lara v. The State of Texas. In this case, appellant Lara was found guilty by a jury of three counts of sexual assault of a child and five counts of improper relationship between educator and student. The appeal addresses whether a 17-year-old can, in fact, consent to a relationship with an educator when the Texas Penal Code bans school employees from arguing the defense of consent.

It’s not easy, of course, to make a case for a person who molested young people, particularly when there were three victims. The District Court sentenced Lara to three concurrent terms, which made us wonder why having one of the cases dismissed would be beneficial to Ms. Lara. Her attorney, however, educated us, pointing out that the number of convictions can make a difference during the parole hearing.

The second case involved a similar crime. In Everett Dale Webb v. The State of Texas, appellant Webb was found guilty by a jury of Indecency with a Child. The appeal questions the introduction of “extraneous offense evidence” allowed into the trial.

One of the aspects of the hearings that are different from the normal unfolding of an appeals hearing is that the Justices permit us to take photographs and they allow the attorneys to spend three minutes turning to the audience and explaining the “facts of the case.”

SHSU, LEAP Center, LEAP Ambassadors, 10th Court of Appeals, Chief Justice Tom Gray,

This helps us as students understand the legal arguments better, and also provides a more dynamic experience than a hearing would normally offer.

In this case, the attorney highlighted exactly what was meant by “extraneous evidence” and how he believes it inappropriately influenced the verdict, while the prosecutor, of course, argued that no extraneous information was admitted, and if extraneous information was admitted, it didn’t affect the outcome.

SHSU, LEAP Center, LEAP Ambassadors, 10th Court of Appeals, Chief Justice Tom Gray,

Following the second case, we have the privilege of having lunch with the Justices. Traditionally, we invite elected officials, University administrators, or local attorneys to join us, and this year, we invited Judge Sorensen and Associate Vice-Provost Chris Maynard to join us.

SHSU, LEAP Center, LEAP Ambassadors, 10th Court of Appeals, Chief Justice Tom Gray, Judge Tracy Sorensen, Office Joe Thornton, Vice Provost Chris Maynard

The discussion during lunch is far-reaching, encompassing the mascots of various schools (“Why isn’t the ‘Kats’ in Bearkats spelled with a ‘C’?)…

SHSU, LEAP Center, LEAP Ambassadors, 10th Court of Appeals, Chief Justice Tom Gray, Judge Tracy Sorensen, Office Joe Thornton, Vice Provost Chris Maynard

….to the nuances of family law…

SHSU, LEAP Center, LEAP Ambassadors, 10th Court of Appeals, Chief Justice Tom Gray, Judge Tracy Sorensen, Office Joe Thornton, Vice Provost Chris Maynard

…to the activities of the LEAP Ambassadors.

SHSU, LEAP Center, LEAP Ambassadors, 10th Court of Appeals, Chief Justice Tom Gray, Judge Tracy Sorensen, Office Joe Thornton, Vice Provost Chris Maynard

It really is a wonderful opportunity for us to expand our professional network, while also learning substantively about the law. But it is a short lunch, because the third hearing begins at one.

Our last case of the day involved Gary L. Tyson, Sr. v. The State of Texas, in which appellant Tyson was convicted of manufacturing or delivery of a controlled substance. His attorneys argue that (1) a witness’s allegedly prejudicial statements should have constituted a mistrial and (2) the charges were inappropriately based on the total weight of the ten cocaine rocks when the state failed to demonstrate that each of the rocks did, in fact, contain cocaine.

Because the arrest was made in Walker County, it involved local officers and the newly-elected Walker County DA, Will Durham. This was also unusual because the appellant was actually in the courtroom.

In this case, the defense again led off with the facts of the case.

SHSU, LEAP Center, LEAP Ambassadors, 10th Court of Appeals, Chief Justice Tom Gray, Judge Tracy Sorensen, Office Joe Thornton, Vice Provost Chris Maynard

And we did have a chance to see DA Durham make the County’s case before the Justices…

SHSU, LEAP Center, LEAP Ambassadors, 10th Court of Appeals, Chief Justice Tom Gray, Judge Tracy Sorensen, Office Joe Thornton, Vice Provost Chris Maynard

This was perhaps the most interesting case, and was most definitely the most full.

SHSU, LEAP Center, LEAP Ambassadors, 10th Court of Appeals, Chief Justice Tom Gray, Judge Tracy Sorensen, Office Joe Thornton, Vice Provost Chris Maynard

Following the case, the Justices permitted the audience to ask questions.

SHSU, LEAP Center, LEAP Ambassadors, 10th Court of Appeals, Chief Justice Tom Gray

Victoria asked the first question, “What percentage of the cases that you hear results in you overturning the lower-court’s decision?” The answer was probably not heartening to the defendant in the courtroom: 2-5 percent.

SHSU, LEAP Center, LEAP Ambassadors, 10th Court of Appeals, Chief Justice Tom Gray

Other questions included whether “race can influence the court’s decision” and “what the sentences are for different volumes of cocaine.” To the latter question, the court deferred to DA Durham, who emphasized that, while he was only “90 days on the job,” believed that the minimum sentence could more than double.

SHSU, LEAP Center, LEAP Ambassadors, 10th Court of Appeals, Chief Justice Tom Gray,

Following the final case, we had a chance to ask some more individualized questions to the Justices…

SHSU, LEAP Center, LEAP Ambassadors, 10th Court of Appeals, Chief Justice Tom Gray, Justice John Neill, Justice Rex Davis

…and then we took formal photos.

SHSU, LEAP Center, LEAP Ambassadors, 10th Court of Appeals, Chief Justice Tom Gray, Justice John Neill, Justice Rex Davis

It is a real pleasure and honor to host the court each year, and we are very grateful for Dean Lyons (COCJ), Officer Thornton, Deputies Barak and Walker, Tim Mullings, Amanda Burris, and Sabrina Rowley for their assistance and hospitality.

Justice Arrives: The 10th Court of Appeals on SHSU’s Campus

by Victoria McClendon-Leggett and Chase Kennemer

For the past eight years the LEAP Center has had the honor of bringing the Texas Tenth Court of Appeals to Sam Houston State University. The court has the privilege to travel to any county in which they have jurisdiction. Today the Court tried three trials in the Beto Criminal Justice Center’s Hazel B. Kerper Courtroom.

There were three oral arguments held there, two involving Texas A&M, and one involving a homicide case in Walker County. Students across campus packed the court room to the point where the Ambassadors gave up their seats to ensure there enough seats for people to sit!

SHSU, LEAP Center, LEAP Ambassadors, 10th Court of Appeals, Chief Justice Tom Gray, Justice Al Scoggins, Justice Rex Davis

With three separate cases at different times, we held a steady flow of people inside of the court room listening and thinking about what the outcome of the cases would be. While the veteran Ambassadors have experienced this before, we all still had a sense of awe and wonder as we watched the cases go back and forth.

SHSU, LEAP Center, LEAP Ambassadors, 10th Court of Appeals, Chief Justice Tom Gray, Justice Al Scoggins, Justice Rex Davis

As the Justices sat in their chairs, Chief Justice Gray explained the process of the Appeals Court.

SHSU, LEAP Center, LEAP Ambassadors, 10th Court of Appeals, Chief Justice Tom Gray, Justice Al Scoggins, Justice Rex Davis

The process is one of review, rather than retrying a case. In other words, these cases have already been tried. Their purpose here is to review the procedures followed during the original trial to determine whether they were appropriate.

These hearings are also unique in that the attorneys are given three minutes at the beginning of each hearing to turn to the audience–mostly students–and explain the facts of the case. This segment has no bearing on the justices, but allows the audience to better follow the legal arguments.

SHSU, LEAP Center, LEAP Ambassadors, 10th Court of Appeals, Chief Justice Tom Gray, Justice Al Scoggins, Justice Rex Davis

Understanding background information of the case allowed us to better understand the oral arguments both attorneys made. Each party had approximately 20 minutes of argument time and, as we learned, the Appellant who presents the argument first, also receives five minutes for rebuttal after the Appellee has concluded his argument. During the last five minutes, the Appellant’s purpose is to counterclaim the argument(s) delivered by the other attorney.

The first case was one of wrongful death. A TAMU student ingested cyanide obtained from a TAMU Lab, and his parents sued for wrongful death. With the parents in the courtroom, this was a sad and somber case to hear.

SHSU, LEAP Center, LEAP Ambassadors, 10th Court of Appeals, Chief Justice Tom Gray, Justice Al Scoggins, Justice Rex Davis

The second case involved a homicide in Walker County, and featured local attorney Paxton Adams for the defense…

SHSU, LEAP Center, LEAP Ambassadors, 10th Court of Appeals, Chief Justice Tom Gray, Justice Al Scoggins, Justice Rex Davis

…and Walker County DA David Weeks (and first ADA, Stephanie Stroud) for the prosecution.

SHSU, LEAP Center, LEAP Ambassadors, 10th Court of Appeals, Chief Justice Tom Gray, Justice Al Scoggins, Justice Rex Davis

Both of these cases were packed, with approximately 125 people attending the first case (the courtroom only seats 112) and approximately 75 attending the second.

With strong attendance, interesting cases, and a unique opportunity in our midst, the court adjourned for lunch–which presented a new opportunity for the Ambassadors.

10^th Court of Appeals Lunch, by Victoria McClendon-Leggett

After hearing the second oral argument, the crowds dispersed and a few of us lucky students had the opportunity to have lunch with the justices and two of our local attorneys, David Moorman and Will Durham, the latter of whom is the Walker County District Attorney Elect. We enjoyed a spread of sandwiches, pasta salad, potato chips, and iced tea as we sat around the long conference table in the Beto Criminal Justice Center on campus.

SHSU, LEAP Center, LEAP Ambassadors, 10th Court of Appeals, Chief Justice Tom Gray, Justice Al Scoggins, Justice Rex Davis

We were able to ask both the justices and attorneys about law school and what they enjoy most about their careers.

SHSU, LEAP Center, LEAP Ambassadors, 10th Court of Appeals, Chief Justice Tom Gray, Justice Al Scoggins, Justice Rex Davis

Chief Justice Gray told us that they picked these three cases especially to be heard on our campus because two revolved around another university like ours, and the other occurred here in Walker county.

SHSU, LEAP Center, LEAP Ambassadors, 10th Court of Appeals, Chief Justice Tom Gray, Justice Al Scoggins, Justice Rex Davis

The justices also praised the Criminal Justice Center’s Kerper Courtroom (thank you Dean Lyons!) and Sam Houston State University’s excellent facilities. While our university may not be as well-known as others, the privilege of having the 10th Court of Appeals hear cases on our campus is a major opportunity for pre-law students or others who like to follow the law.

We wished we were able to have more time with the justices, but our lunch time was limited because the last case was scheduled to start at 1pm. We thanked the justices for traveling all the way to our school and then got ready to sit in on the last case.

Final Case

The final case of the day involved a TAMU student who may or may not have been evading arrest. He was found guilty by the trial court, but his attorneys argued that the jury failed to properly apply the law: that, without knowing definitively that an officer–who was on foot–was asking him to pull over, he could not be convicted of evading arrest.

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His attorney was eloquent and made a clear case. The state, however, argued that this was not even a case for appeal.

SHSU, LEAP Center, LEAP Ambassadors, 10th Court of Appeals, Chief Justice Tom Gray, Justice Al Scoggins, Justice Rex Davis

Although these cases are a wonderful way to see the process unfold, they do not bring resolution! The cases may take months to be decided, so we were left wondering which side would prevail.

Wrapup

At the end of the arguments the LEAP students were able to meet with the justices again…

SHSU, LEAP Center, LEAP Ambassadors, 10th Court of Appeals, Chief Justice Tom Gray, Justice Al Scoggins, Justice Rex Davis

…and also to take a picture with all of the Justices (Justice Davis, Chief Justice Gray, and Justice Scoggins).

SHSU, LEAP Center, LEAP Ambassadors, 10th Court of Appeals, Chief Justice Tom Gray, Justice Al Scoggins, Justice Rex Davis

We are so grateful to all the justices to take their time to travel all the way to Huntsville and allow us to learn as much as possible from them.

Reagan Dinner 2.018

by Ryan Knesek

After getting to meet personally with Commissioner Craddick, everyone headed down to the Lowman Student Center Ballroom for a special dinner. Done in celebration of our 40^th president, Ronald Reagan, who is an icon among the Republican community, the dinner brought together many elected officials, community members, and students.