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Tag: Chief Justice Tom Gray

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 10th 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.

 

 

 

 

Author mikeyawnPosted on April 20, 2019Format AsideCategories Civic Engagement, LawTags 10th Court of Appeals, Chief Justice Tom Gray, Judge Danny Pierce, Judge Don Kramer, Judge Tracy Sorensen, Justice John Neill, Justice Rex Davis, LEAP Ambassadors, LEAP Center, SHSULeave a comment on 10th Court of Appeals: 2019

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.

10th 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.

 

 

Author mikeyawnPosted on May 4, 2018Format AsideCategories Civic Engagement, LawTags 10th Court of Appeals, Chief Justice Tom Gray, Justice Al Scoggins, Justice Rex Davis, LEAP Ambassadors, LEAP Center, SHSULeave a comment on Justice Arrives: The 10th Court of Appeals on SHSU’s Campus

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 40th president, Ronald Reagan, who is an icon among the Republican community, the dinner brought together many elected officials, community members, and students.

Walker County Republican Party, Reagan Dinner, Linda McKenzie, Christi Craddick, LEAP Ambassadors

The event gave the LEAP Ambassadors the opportunity to converse with elected officials of Walker County, including Senator Schwertner, Representative Bailes, and many more.

Walker County Republican Party, Reagan Dinner, Linda McKenzie, Christi Craddick, LEAP Ambassadors

With merriment, everyone enjoyed conversation…

Walker County Republican Party, Reagan Dinner, Linda McKenzie, Christi Craddick, LEAP Ambassadors

…and catching up with old friends…

Walker County Republican Party, Reagan Dinner, Linda McKenzie, Christi Craddick, LEAP Ambassadors

…including us!

Walker County Republican Party, Reagan Dinner, Linda McKenzie, Christi Craddick, LEAP Ambassadors

Chair Linda McKenzie opened the proceedings…

Walker County Republican Party, Reagan Dinner, Linda McKenzie, Christi Craddick, LEAP Ambassadors

…giving way to a (rather strange) invocation…

Walker County Republican Party, Reagan Dinner, Linda McKenzie, Christi Craddick, LEAP Ambassadors

…and other speakers.  A highlight was having Ariel Traub–a former LEAP Ambassador–introduce her boss, Senator Charles Schwertner.

Walker County Republican Party, Reagan Dinner, Linda McKenzie, Christi Craddick, LEAP Ambassadors

And he, in turn, introduced Kaitlyn Tyra as the TSUS Student Regent and his former intern:

Walker County Republican Party, Reagan Dinner, Linda McKenzie, Christi Craddick, LEAP Ambassadors

But the biggest highlight of the night was when Commissioner Craddick addressed the audience.

Walker County Republican Party, Reagan Dinner, Linda McKenzie, Christi Craddick, LEAP Ambassadors

Known as the “Texas Oil and Gas Queen,” she talked about the state of Texas…

Walker County Republican Party, Reagan Dinner, Linda McKenzie, Christi Craddick, LEAP Ambassadors

…discussed the state’s rosy employment picture…

Walker County Republican Party, Reagan Dinner, Linda McKenzie, Christi Craddick, LEAP Ambassadors

…and captivated the audience, alternating between policy-wonk details…

Walker County Republican Party, Reagan Dinner, Linda McKenzie, Christi Craddick, LEAP Ambassadors

…and big-picture optimism for the future.

Walker County Republican Party, Reagan Dinner, Linda McKenzie, Christi Craddick, LEAP Ambassadors

Chairman Craddick was particularly generous in praising “the young students I met tonight who give me hope for our future. ”  A positive note on the night was Chairman Craddick’s obvious emphasis on the future, an emphasis reinforced by her hopes for the world her young daughter will live in one day.

Winding down after a rousing finish, Chairman Craddick headed back to the Huntsville airport, where her plane waited her return to Austin and her family.

The Ambassadors, however, mingled additionally, making a particular point to meet with Chief Justice Tom Gray of the 10th Court of Appeals.

Walker County Republican Party, Reagan Dinner, Linda McKenzie, Christi Craddick, LEAP Ambassadors

They also spent time with Representative Ernest Bailes…

Walker County Republican Party, Reagan Dinner, Linda McKenzie, Christi Craddick, LEAP Ambassadors

…and helped clean up, while all the elected officials in the community got together for one more photograph.

Walker County Republican Party, Reagan Dinner, Linda McKenzie, Christi Craddick, LEAP Ambassadors

Thanks to Senator Charles Schwertner and Congressman Kevin Brady, who sponsored student tickets for the event.  Thanks, too, to Republican Chair Linda McKenzie for coordinating this event annually.

Author mikeyawnPosted on February 2, 2018Format AsideCategories Civic Engagement, PoliticsTags Chief Justice Tom Gray, Christi Craddick, LEAP Ambassadors, Linda McKenzie, Reagan Dinner, Representative Ernest Bailes, Senator Charles Scwhertner, Walker County Republican PartyLeave a comment on Reagan Dinner 2.018

Kicking off the Semester Right: Secretary Bob Gates and Ambassador Chase Untermeyer

LEAP Center students kicked off a busy Thursday with a trip to Houston to see a VIP, while other Ambassadors entertained VIPs right here in Huntsville.

Secretary Robert Gates Luncheon

Megan Chapa and a group of three Ambassadors traveled to Houston for a luncheon with former Defense Secretary Robert Gates, who spoke on the topic of leadership, much drawn from his book A Passion for Leadership. In addition to serving as Defense Secretary, he has worked as director of the Central Intelligence, President of Texas A&M, and served on the National Security Council.   And just like any other effective leader, Gates refers to his failures as the key to his success. Listening to him, we learned how important it is to treat your employees and constituents with respect and not just making them feel like they are part of a team, but also truly making them part of the team.
Being a leader, Gates noted,  doesn’t always mean you’re in front; sometimes you have to stay behind to pick up the ones who have fallen behind. He also mentioned the lack of leadership in the political sphere we face today. He believes, as President George Washington believed, that excessive party identification hinders great leadership. In this bold statement he stressed the importance of working hard to compromise while maintaining integrity in your beliefs. My favorite quote by Secretary Gates was, “A great leader is not afraid to take risks” and while it may be cliché, it is a challenge to accomplish. Some of his most valuable points were “being a leader and not a boss”, “Take your job serious, but not yourself”, and “never underestimate the power of humor.” LEAP Center students gained great insight into leading in the world they face now and after graduation.Gates_Group_Web

Ambassador Chase Untermeyer

A political journalist, government official at the local, state, national and international level, and White House consultant during the Bush and Reagan presidency, Ambassador Untermeyer spent the day in Huntsville with LEAP ambassadors in true Huntsville spirit.

Huntsville was once nicknamed the “Athens of Texas,” and it  was Professor Mike Yawn’s pleasure to offer Ambassador Untermeyer a very brief, but enriching, tour of the city.  Untermeyer was intrigued by the local Dan Phillips’ homes, which he said would prompt to seek out “Smither Park,” also designed by Phillips, in Houston.
Following the brief tour, Ambassador Untermeyer and Yawn joined Mac and Leanne Woodward, Jean Loveall, and LEAP students Brian Aldaco and Mitchell Sanchez for lunch at 1836 steakhouse.  The food, incidentally, was excellent, with particular recommendations going to the soup, sun-dried tomato bruschetta, crab-stuff mushrooms, and grilled chicken topped with sauteeed mushrooms.

The conversation, however, was the most enjoyable aspect of the lunch, with topics ranging from Untermeyer’s observations of current politics to Sam Houston’s teaching career in Maryville, TN.

This historical themed continued after lunch, when the group reconvened (along with Kaitlyn Tyra) at the grounds of the Sam Houston Memorial Museum. Mac Woodward led a tour of the Steamboat House–where Sam Houston passed away–and the group gathered around a replication of Houston’s death bed to hear the story of his final days.

Steamboat_Mac_Untermeyer_Ambassadors_Web

The history and the tour extended to the Woodland Home, Houston’s favorite domicile, where Untermeyer learned more of Houston and his children.

With this introduction to Sam Houston, Untermeyer moved into an introduction to Sam Houston State University, lecturing before Dr. Massoud Kazemzadeh’s class on “Politics of the Middle East.”

Untermeyer_Speaking_Class_2_Web

The class was enthusiastic and asked numerous questions.  Some had purchased one of Untermeyer’s books, and the author was pleased to stick around after the class and autograph copies.

Later in the afternoon, at the request of Ambassador Untermeyer, we had the privilege to tour the Adickes Foundation, a tour that prompted the company of Ralph and Linda Pease, Dr. Mitzi Mahoney and Sondra Mahoney, Justice Tom Gray, and some additional LEAP Ambassadors.

Most would say that Huntsville is famous for a few things: 1) Prisons, 2) Sam Houston, (3) Bearkat Football, and 4) More Prisons. However, a little-known secret outside of Huntsville is that this small town has the amazing David Adickes’ Foundation Art Gallery. The fact the art is kept within an old, vacant-looking high school…

 

Wiley_Speaking_Outside_Web

…makes it all the more surprising that the interiors contain 300-400 pieces of wonderful art.

Once inside, we were immediately greeted with a concave and convex molding of the Beatles, who seemed to stare at me as I moved past them. After turning the corner, many paintings of beautiful women in deep and vibrant colors surrounded us in a hallway. These portraits were inspired when David Adickes was in Paris studying art.

Linda Wiley provided us with a great tour…

Wiley_Speaking_2_Web

…and after viewing all of the different art pieces, the LEAP Ambassadors were able to take a “selfie” with Ambassador Untermeyer and Chief Justice Tom Gray, in front of a group favorite, the “Man in Red” painting, which we captured in first-person view…

Untermeyer_Gray_Selfie_View

…and in third-person view…

Ambassadors_Gray_Untermeyer_Selfie_2_Web

While we stood surrounded by David Adickes’s art, anecdotes were shared when Dr. Pease realized he had taught both Justice Gray and Professor Mike Yawn when they attended SHSU. It was an emotional moment when Dr. Pease heard the two talk about how he impacted their lives and all they’ve accomplished with his mentorship. What a reward it was to be a part of this moment.

A Professor and His Students: Dr. Ralph Pease with Justice Tom Gray and Mike YawnYawn_Pease_Gray_Web

In fact, the whole day was a reward, one for which we are all very grateful.  Ambassador Untermeyer was amazingly gracious, and it was wonderful to spend time with friends such as the Woodwards, the Peases, and Justice Tom Gray.  We are fortunate to have found a University that gives us the opportunity to learn not only within classrooms, but provides opportunities for outside learning as well.

Ambassadors_Gray_Untermeyer_2_Web

 

 

Author mikeyawnPosted on February 4, 2016February 4, 2016Categories Art, Civic Engagement, PoliticsTags Adickes Foundation, Ambassador Chase Untermeyer, Chief Justice Tom Gray, LEAP Center, Sam Houston Memorial Museum, SHSU, Steamboat House1 Comment on Kicking off the Semester Right: Secretary Bob Gates and Ambassador Chase Untermeyer

Law and Order Comes to SHSU

The Center for Law, Engagement, And Politics has hosted the 10th Court of Appeals for five straight years, and the Court’s latest visit offered an especially interesting set of cases.

Court_Arguments_Web

The first case, Brett Shane Arnold V., The State of Texas, the Fourth amendment and the Texas Parks and Wildlife Code.  Appellant Brett Shane Arnold and three other men had been canoeing and kayaking on the Navasota River when Game Warden, Leanne Winkenwerder, inspected their vehicle to determine if they had life jackets or had been illegally fishing or hunting.  She found no evidence of that, but she did find marijuana, which was sufficient to convict him of drug possession in a trial court.  Arnold’s appeal sought to suppress the marijuana, which he argued was found during an illegal search.

The 11:00am hearing was even more interesting, involving a wrongful death suit.  In that case, Thomas Sinclair, owner of the Wispers “Gentleman’s Club” in Corsicana, Texas was appealing a civil trial that found him largely responsible for a patron’s death.  The dispute stemmed from the patron’s dissatisfaction with a lap dance, which led to a complaint, an escalating argument, and then a whipping (with an actual whip) by the club’s owner.

The appeals hearings are a bit different when held at SHSU.  The court allows the attorneys to turn to the audience (mostly students, but faculty, staff, and locals, too) and spend three minutes discussing the facts of the case.  This is an unusual opportunity, allowing us to understand the legal arguments better.  With an audience of 302 students, locals, and faculty and staff on hand throughout the day, it was quite an experience.

The Chief Justice also introduces each case with a brief lesson on the proceedings, how to find the decisions (http://www.txcourts.gov//10thcoa.aspx), and even an explanation for the seating arrangements for the justices.

Justices_Court_Web

The biggest treat for the LEAP Center students was the lunch with the justices and their staff.  I was able to speak extensively with Chief Gray, while Austin had the chance to discuss his future with Justice Davis, and Karla, Megan, and Kaitlyn had the chance to speak to Justice Scoggins.  I learned that Chief Justice Gray didn’t set out to be a judge, or even a lawyer.  He obtained his BA at SHSU, and his MBA at A&M, before going to law school.  He told me that the best quality he has in regard to judging is being able to see and argue both sides of any argument, which was a useful skill for him while working at Fulbright & Jaworski, before becoming a judge.

Gray_Galvan_Web

Finishing up lunch, the judges proceeded back into the courtroom to continue the rest of the afternoon’s cases. The cases ranged from the alleged sexual misconduct of an A&M student to jurisdiction issues regarding lumber companies in two different states.

After the last case of the afternoon, the three judges took photos with some of the LEAP center students and Chief Justice Gray humbly gave a statement to Hannah Zedaker from the Houstonian. All in all, the court proved to be just as informative and exciting as previous goers told us they would be, and left LEAP Center students feeling excited about the prospect of fighting their own cases in the same courtroom.

Justices_Students_Courtroom_2_Web

The LEAP Center brings the 10th Court of Appeals to SHSU annually.  The 10th Court is scheduled next year for April 5, 2016.  During the fall of 2016, the TX Supreme Court will hear cases at SHSU.

Author mikeyawnPosted on April 18, 2015Categories Civic Engagement, Civil Rights, Law, Politics, VolunteerTags 10th Court of Appeals, Al Scoggins, Chief Justice Tom Gray, LEAP Center, Rex Davis, SHSULeave a comment on Law and Order Comes to SHSU

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