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Bexar County Appellate Public Defender

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Bexar County Appellate Public Defender s Office (BCAPDO) Regional Pilot Project: Adventures in Regional Appellate Representation – PowerPoint PPT presentation

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Title: Bexar County Appellate Public Defender


1
Bexar County Appellate Public Defenders Office
(BCAPDO)
  • Regional Pilot Project
  • Adventures in Regional Appellate Representation

2
Fourth Court of Appeals Region
3
Overview of the Fourth Court of Appeals District
  • The Fourth Court of Appeals District is comprised
    of the following 32 counties
  • Atascos a Gillespie Kinney Starr
  • Bandera Guadalupe La Salle Sutton
  • Bexar Jim Hogg Mason Uvalde
  • Brooks Jim Wells Maverick Val Verde
  • Dimmit Karnes McMullen Webb
  • Duval Kendall Medina Wilson
  • Edwards Kerr Menard Zapata
  • Frio Kimble Real Zavala

4
Fourth Court Counties with the Most Criminal
Appeals, 2004-2006
COUNTY 2004 2005 2006
Bexar 352 323 310
Atascosa 24 21 7
Guadalupe 6 12 9
Webb 8 5 9
Kendall 9 2 6
Kerr 7 6 6
Medina 5 6 3
Val Verde 5 3 6
Karnes 2 7 7
Gillespie 4 1 4
5
Project Upstart Overview
  • March 9, 2007 The Task Force on Indigent Defense
    approved the BCAPDOs Application for Technical
    Support, awarding the Office 200,000 to embark
    on the Regional Pilot-Project
  • April 24, 2007 The Bexar County Commissioners
    Court signed a required resolution to obtain
    technical support funds the Pilot Project
    officially began.
  • April 24, 2007 The BCAPDO mailed an introductory
    letter to the County Judge, Commissioners,
    Judicial District Court Judges, and County Court
    Judges in each of the counties in the Fourth
    Court of Appeals District (not including Bexar).

6
Obstacles Encountered in Enlisting the
Participation of Counties in our (Entirely Free!)
Pilot Project
  • County officials repeatedly lost the
    informational materials we mailed.
  • County Officials in the smaller counties in
    particular felt involvement was unnecessary
    because they rarely had criminal appeals (one
    county was adamant that they hadnt had a
    criminal appeal in ten years).
  • A handful of counties were concerned that they
    would be obligated to continue with the services
    of the BCAPDO beyond the pilot period, despite
    the terms of the interlocal agreement, which
    states that continued participation is desired
    but not obligatory.
  • It was difficult to get in contact with the
    County Judges in almost all of the counties to
    discuss their hesitations.

7
29 Counties Ultimately Signed Interlocal
Agreements
  • The BCAPDO submitted the signed interlocals to
    the Bexar County Commissioners Court in groups as
    they were returned to our office.
  • Therefore, the dates on which these contracts
    went before Commissioners Court speak to the
    relative speed with which different counties
    returned them to us.
  • Interlocals Approved by the Bexar County
    Commissioners Court on
  • June 5, 2007 Frio, Jim Hogg, Kimble, Mason,
    Guadalupe, McMullen, Val Verde, Brooks, Zavala
  • July 10, 2007 Medina, Starr, Atascosa, Sutton,
    Uvalde, Real, Dimmit, Kendall, Bandera, Jim
    Wells, Duval
  • July 24, 2007 Webb, Karnes, Maverick, La Salle
  • September 11, 2007 Menard, Kerr, Zapata,
    Gillespie, Wilson

8
Overview of Regional Appellate Appointments
Received To Date
  • Our first appointment came from Atascosa County.
    A single appellant was appealing his convictions
    in four different cause numbers that were tried
    together. The appellant was convicted of the
    following offenses aggravated assault against a
    public servant WDW (sentence, 60 years TDCJ),
    possession of cocaine with intent to deliver
    (sentence, 60 years TDCJ), Evading (sentence, 15
    years TDCJ), and a second offense of aggravated
    assault against a public servant WDW (sentence,
    60 years TDCJ). Appellant filed Notices of
    Appeal in each of these cases on January 24,
    2007. The BCAPDO was appointed on June 20, 2007.
    By August 17, 2007 we had received all the
    clerks records and reporters records filed in
    these cases. We are still working on the
    appellate brief and have been granted an
    extension in our time to file. The brief is due
    October 20, 2007.

9
  • The second appointment was from Guadalupe County.
    The appellant plead to theft of property and was
    sentenced to two years in State Jail. Appellant
    filed a Notice of Appeal on June 5, 2007 and the
    BCAPDO was appointed on June 18, 2007. By
    September 14, 2007 we had received all the
    relevant records on this case in the mail, and on
    October 8, 2007 we mailed a brief to the Seventh
    Court of Appeals for filing (this case was
    transferred to the Seventh Court just as the
    BCAPDO was appointed).
  • Our third appointment was from Guadalupe County
    as well. Appellant was convicted of aggravated
    sexual assault and sentenced to 99 years in TDCJ.
    Appellant filed a Notice of Appeal on April 25,
    2007, and the BCAPDO was appointed on June 15,
    2007. To date we have received one volume of the
    clerks record in the mail, and the court
    reporter has yet to file her record of the trial.
  • Our fourth appointment was from Jim Wells County.
    The appellant was convicted of enticing a minor
    and was sentenced to 18 months probation and a
    500 fine. A Notice of Appeal was filed on July
    6, 2007 and the BCAPDO was appointed on July 9,
    2007. On October 11, 2007 we received a copy of
    the court reporters record. We have not
    received the clerks record and a due date has
    not been issued for the brief.

10
  • Our fifth appointment came from Starr County. A
    single appellant was appealing his convictions in
    two separate cases that were tried together.
    Appellant was convicted of Robbery, for which he
    was sentenced to 20 years in TDCJ, and aggravated
    assault WDW, for which he received a sentence of
    life in TDCJ. Notices of Appeal were filed on
    June 21, 2007 and the BCAPDO was appointed on
    July 25, 2007. We received a copy of the court
    reporters record via mail on August 28, 2007.
    The clerks record has not been filed yet.
  • Our sixth appointment was from Atascosa County.
    Appellant was convicted of intoxication
    assault-aggravated assault (3rd degree enhanced),
    and was sentenced to 15 years in TDCJ. A Notice
    of Appeal was filed on June 5, 2006 and the
    BCAPDO was appointed on July 30, 2007. On
    September 6, 2007 we received copies of nearly
    all of the clerks records, and all of the court
    reporters records, filed in this case. On
    September 20, 2007 we received a copy of the
    supplemental clerks record filed via mail. We
    filed a brief on September 28, 2007.

11
  • Our seventh appointment was from Bandera County.
    Appellant was convicted of possession of a
    controlled substance and sentenced to one year in
    State Jail and then placed on probation. A
    Notice of Appeal was filed on April 26, 2007,
    and the BCAPDO was appointed on August 29, 2007.
    On September 17, 2007 we received 3 volumes of
    clerks records on this case in the mail. On
    September 21, 2007 we received a record of the
    post-conviction indigency hearing that was held
    in this case. No further court reporters
    records have been filed.
  • Our eighth appointment was from Kimble County.
    Appellant was convicted of aggravated sexual
    assault and sentenced to 15 years in TDCJ. A
    Notice of Appeal was filed on June 18, 2007 and
    the BCAPDO was appointed on August 30, 2007. We
    received two volumes of the clerks record via
    mail on September 17, 2007, and ten volumes of
    the court reporters record on October 15, 2007.
    The appellate brief is due on November 13, 2007.

12
  • Our ninth appointment was from Webb County.
    Appellant was convicted of attempted murder and
    sentenced to 10 years probation, 5,000 fine, and
    198,000 restitution. A Notice of Appeal was
    filed on July 3, 2007 and the BCAPDO was
    appointed on August 31, 2007. On September 17,
    2007 we received two volumes of the clerks
    record via mail. On September 20, 2007 we
    received seven volumes of the court reporters
    record. We have filed motions for extension of
    time to file brief pending the receipt of a copy
    of the convenience store surveillance tape that
    was entered as an exhibit in trial.
  • Our tenth appellate appointment was from Kendall
    County. Appellant was convicted of driving while
    intoxicated and sentenced to twelve months
    probation, a 500 fine, and eighty hours of
    community service. A Notice of Appeal was filed
    on August 22, 2007 and the BCAPDO was appointed
    on August 27, 2007. On October 4, 2007 we
    received one volume of the clerks record that
    was filed in this case. Though a portion of the
    court reporters record has been filed, we have
    not managed to get copies mailed to us yet. The
    remainder of the court reporters record is still
    due to be filed.
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