October 2023

The following are summaries of selected criminal opinions issued by the Third Court of Appeals from April 2023.  The summaries are overviews; please review the entire opinions.  The subsequent history is current as of Sept. 5, 2023. EVIDENTIARY SUFFICIENCY – DRUG POSSESSION: Evidence was sufficient to prove that defendant possessed methamphetamine. Sumrall v. State, No. 03-21-00402-CR (Tex. App.—Austin Apr. 6,

At the last Austin Bench Bar conference, I presented with U.S. District Judge Robert Pitman on the ethical issues of using ChatGPT. This article summarizes some of the ethical issues raised in that discussion, along with some potential solutions that legal service providers are trying to use. ChatGPT is a computer program operated by a company called OpenAI. It uses

Steve Schulwolf is the new chair of the Austin Bar’s Alternative Dispute Resolution Section. For those unacquainted, his career path might sound familiar: He started off working for Big Law in Chicago. Then, when he moved to Austin in 2019 because his wife got a job here, he decided to transition to ADR. “I’ve always thought about doing it, and

District Judges’ and Felony Prosecutors’ Compensation Senate Bill 2310 establishes a third salary tier for certain prosecutors who have been in office more than 12 years. If a state prosecuting attorney or state prosecutor has been in office for more than 12 years, he/she is entitled to receive a salary equal to the salary paid to a district judge with

Austin Bar fellow Eric Nichols has been appointed chair of the Texas Board of Criminal Justice. Nichols is a partner at Butler Snow LLP, an Austin Bar 100 Club member firm. Nichols has previously served as an assistant U.S. attorney for the Southern District of Texas and as deputy attorney general for criminal justice in the Office of the Texas

Judge Lora Livingston will serve as Texas’ delegate in the American Bar Association’s House of Delegates. The House of Delegates is the ABA’s policy-making body responsible for the election of ABA officers and members of the Board of Governors. Livingston was elected the successor of Dallas attorney Kim J. Askew, who was term limited. Livingston is eligible to serve up

The Veterans Legal Assistance Program (VLAP) would like to thank the individuals listed below for their assistance at our Sept. 9, 2023, clinic! ATTORNEYSMelanie IbarraMichael JonesEmily FrancoXiangyun LiNicole MartinezTom MehaffyRebecca O’ConnorKaris Anne ParnhamAnn PriceRonald RomeroJustin RosasRodney RuizBrandon ScottCharles SmaistriaAnn TaylorGeoffrey Van OldenCharmaine BackensNadia BettacEmily CollinsKatherine LickteigSusanna MeringolaJim NolanSue Snyder LAW STUDENTSEmil AnayaKatie CarmichaelLucy ElkinsAnna NewellNichole Zhou PARALEGALSCarli CollinsErin CrumpAmber HaneyJennifer

As reported in the Texas Tribune,1 veteran households across the nation have seen an increase of predatory advertisements by companies claiming to be “medical consultants” or “benefits coaches.” These unaccredited companies promise to help veterans with disabilities submit their benefits claims to the Department of Veteran Affairs (VA) for a fee, but many veterans have reported they were misled into

The Supreme Court of Texas convened for the first time in six months the week of Sept. 11, 2023, and heard oral arguments from several Austin Bar members. In the Interest of R.R.A., H.G.A., H.B.A., Children, Bill Davis of the Office of the Attorney General argued for the petitioner, the Department of Family and Protective Services. The department sought to

This is the third in a series of eight articles about the Travis County Forensic Mental Health Project. The Travis County Forensic Mental Health Project delivered its recommendations to the Travis County Commissioners in March 2023. The goal of these recommendations is to provide solutions other than jail to address mental health and substance abuse disorders in the county. Recommendation