Recently, we had a trial set in which the prosecutors filed some pretrial motions.  While not uncommon for the prosecutors to file such motions, one of the items they requested I found quite interesting. 

The prosecutors filed a "Motion in Limine." A Motion in Limine is the attorney asking the judge to make the opposing attorney ask permission in advance of doing something.  Some common requests are for an attorney to request the opposing attorney to ask permission during trial in advance of offering expert testimony, or something else they think might be inadmissible and don't want the jury to hear.

Well, the State's Motion in Liminie starts out pretty normal, but they then add in the "Biederman & Burleson" Clause.  Both my partner Troy Burleson and myself are both certified to administer Standardized Field Sobriety Tests. This is the same certification the police officer's have.  I am an instruction in Standardized Field Sobriety Testing (I can teach the course that certifies the students). I guess they State doesn't like the jury know we have more specialized knowledge than most of the officers.

#8 of their motion reads that we cannot make:

"Any mention, during voir dire and the guilt/innocence phase  of the trial, of defense counsel's personal experience regarding training, administration and/or certification in standardized field sobriety testing."

As you can see on their motion, #8 is lower than the others numbers, because it was added on a form motion. 

So from now on, I hope future law books refer to this motion as the "Biederman & Burleson Motion in Limine."  I know we at the office do.

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Recently, several candidates for the Republican primary came to the Allen Area Patriots club to discuss the race for Collin County District Attorney.  Videos of the candidates were uploaded to youtube, and I have added them here to the blog.  A big thank you to "mopenshaw" whoever you are.You can read bios of the candidates on my previous post HERE.

JEFF BRAY

GREG WILLIS

JAMES ANGELINO

PAST ARTICLES ON COUNTY RACES

• Collin County Campaign Websites
• Collin County District Attorney
• Collin County Court 2
• Collin County Court 3 (Collin County Observer)
• Collin County Court 4
• Collin County Court 6
• 219th District Court
• 296th District Court
• JP - 4
• District Clerk

 Hunter Biederman is a DWI / Criminal Defense Attorney in Collin County. He publishes his blog (www.friscodwilawyer.com) which focuses on the Collin County and Texas legal system. He can be reached at friscolaw@gmail.com or (888) DWI-FRISCO.

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Recently, the Collin County GOP held their draw for ballot placement on the upcoming primary.  It has been said that ballot placement can affect votes.  "Position effect is found to account for a bonus of 0.7% to 5.2% of the precinct-level vote share per position on the ballot."  Below are the placements for some of the candidates on the ballot.  Below that are some links and articles on the effects of ballot placement.  The entire list of candidates and their placement on the ballot can be found on the Collin GOP website.

District Judge, District 219
• Scott J. Becker
• Angela Tucker
• Wendy McMillon

District Judge, District 296
• Keith Gore
• John R. Roach, Jr.

County Court at Law #2
• Sharon Ramage
• Jerry Lewis

County Court at Law #3
• Stewart Matthews
• Lance S. Baxter
• Barnett Walker

County Court at Law #4
• Linda Wynn Drain
• Matthew Goeller
• Chrysti Bryant
• David Rippel

County Court at Law #6
• Shawn Ismail
• Jay Bender
• Don High
• Terri Green

Justice of the Peace, Precinct 4
• Douglas Reeves
• W.M. "Mike" Yarbrough
• Kelley Don Adley

District Clerk
• Patricia Wysong Crigger
• Terrye Evans
• Alma Hays

Criminal District Attorney
• Jeff Bray
• Greg Willis
• James Angelino

County Judge
• Keith Self
• John Muns

County Commissioner, Precinct 2
• Karl Voigtsberger
• Cheryl Williams
• Jerry Hoagland

County Commissioner, Precinct 4
• Kathy Ward
• Duncan Webb

Ballot Placement Journal Articles

Avichai, Yakov. "Equity in Politics: Name Placement on Ballots." American Bar Foundation Research Journal 4.1 (1979): 141-178.

Ho, Daniel E. and Kosuke Imai. "Randomization Inference With Natural Experiments: An Analysis of Ballot Effects in the 2003 California Recall Election." Journal of the American Statistical Assocation (2006).

Sinclair, Betty. "Is It Better to be First or Last? The Ballot Order Effect." Caltech. VTP Working Paper (2005).

Thanks to Center for Politics.  Compiled by Isaac Wood, Dan Boyle, and William Cooper, University of Virginia Center for Politics.

PAST ARTICLES ON COUNTY RACES

• Collin County Campaign Websites
• Collin County District Attorney
• Collin County Court 2
• Collin County Court 3 (Collin County Observer)
• Collin County Court 4
• Collin County Court 6
• 219th District Court
• 296th District Court
• JP - 4
• District Clerk

 Hunter Biederman is a DWI / Criminal Defense Attorney in Collin County. He publishes his blog (www.friscodwilawyer.com) which focuses on the Collin County and Texas legal system. He can be reached at friscolaw@gmail.com or (888) DWI-FRISCO.

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WASHINGTON, Wednesday, January 13, 2010 —

The American Red Cross is sending money, supplies and staff to Haiti to support relief efforts there after yesterday’s earthquake, which caused catastrophic damage and loss of life.

According to reports, as many as three million people may have been affected by the quake, which collapsed government buildings and caused major damage to hospitals in the area. 

The Red Cross is contributing an initial $1 million from the International Response Fund to support the relief operation, and has opened its warehouse in Panama to provide tarps, mosquito nets and cooking sets for approximately 5,000 families.

In addition to Red Cross staff already in Haiti, six disaster management specialists are being deployed to the disaster zone to help coordinate relief efforts. At this time, the American Red Cross is only deploying volunteers specially trained to manage international emergency operations.

There has been an outpouring of support from the public. To help, people can make an unrestricted donation to the International Response Fund at www.redcross.org or by calling 1-800-REDCROSS (1-800-733-2767). The public can also help by texting “Haiti” to 90999 to send a $10 donation to the Red Cross, through an effort backed by the U.S. State Department. Funds will go to support American Red Cross relief efforts in Haiti.     

Debris and collapsed bridges are making access to many areas extremely difficult. Telephone service and electricity are out in many places. Haitian Red Cross staff worked throughout the night to rescue people still trapped in their homes and provide first aid. The priority remains to provide food, water, temporary shelter, medical services and emotional support.  

The American Red Cross already had fifteen staff in Haiti providing ongoing HIV/AIDS prevention and disaster preparedness programs. All are reported to be safe and responding to the disaster.

To date, there have been no requests for blood products from the government of Haiti. However, some patients at an affected facility in Haiti have been moved to a Guantanamo Bay hospital, and the Armed Services Blood Program has asked both the Red Cross and Florida Blood Services for support for those patients. In addition, the American Red Cross will be sending a shipment of blood products to the United Nations Mission in Haiti.

While communication with those in Haiti is still difficult, people should contact the U.S. Department of State, Office of Overseas Citizens Services at 1-888-407-4747 if trying to reach a U.S. citizen living or traveling in Haiti. If trying to reach a Haitian citizen, callers should continue to call or contact other family members who live nearby.

While donations are coming in for Haiti relief, the initial American Red Cross response is made possible in part by contributions from members of the Red Cross Annual Disaster Giving Program (ADGP). The following partners designate a portion of their ADGP commitment to the International Response Fund: American Express, John Deere Foundation, Kimberly-Clark Corporation, Morgan Stanley and State Street Foundation.

How to Help

• We are not accepting volunteers to travel to Haiti. If you would like to volunteer for the American Red Cross, please contact your local chapter.
• For inquiries about relatives living and who have citizenship in Haiti, please be patient and call repeatedly until the lines clear or contact other family members who live nearby. Telephone, Internet and other communication lines are often disrupted in times of disaster.
• People trying to locate U.S. citizens living or traveling in Haiti should contact the U.S. Department of State, Office of Overseas Citizens Services, at 1-888-407-4747 or (202) 647-5225.

Photo: Matthew Marek, American Red Cross

About the American Red Cross:
The American Red Cross shelters, feeds and provides emotional support to victims of disasters; supplies nearly half of the nation's blood; teaches lifesaving skills; provides international humanitarian aid; and supports military members and their families. The Red Cross is a charitable organization — not a government agency — and depends on volunteers and the generosity of the American public to perform its mission. For more information, please visit www.redcross.org or join our blog at http://blog.redcross.org.

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With the politics season on the rise, I have been getting tons of mail from people running for office and asking for money.  I think one of the best  ways to ensure you wont be getting a contribution is to send a letter to me like this:

Yes, please address it to "Hunter Benavides" at the Collin County District Attorney's office, but use my private practice address.  Perfect!  Make sure to put in a form letter with it as well.

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About a year ago, I wrote about new rules for ALR (License Suspension).  That post gave you "Everything You need to Know about the New ALR Rules".  Then, we saw New ALR (Transportation Code) Changes come down the pipes. Well, it looks like 2010 is bringing some change too.

Here's the problem.  The SOAH rules of '09 say you need to use the Texas Comptroller Website to calculate mileage.  But according to that website:

As a result of House Bill 605, 81st Legislature, Regular Session, the Comptroller's office no longer publishes the Texas Mileage Guide.

Uh, Oh. . . .

Well, it seems that Automobile Mileage is now 50 cents per mile (as of Jan. 1, 2010) according to the new website.  However, there  is no calculation tool to use.  So I guess we need to go with google maps, or another website to find the mileage.

That's all I know for now, I will report back later as any developments come forward.  I think I am the first one to discover this??

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This year's republican primary is set to be contested for the Justice of the Peace, Precinct 4.  Justices of the Peace's primary function is to hold civil court both justice and small civil claims.  They also can preside over weddings. JP-4 handles tons of Toll Booth violations as well.

I understand there are 3 candidates, and I only personally know two. Kelley Adley, and Mike Yarbourough, the current sitting JP.  Below is a profile on both candidates.  I will add any additional candidates including Doug Reeves later once I see websites up, or learn more about them.

KELLEY ADLEY

Kelley Adley works in the County Court and has served as a Senior Criminal Investigator for the Collin County District Attorney’s Office, where his responsibilities included reviewing police reports, gathering criminal evidence and documentation, interviewing victims for criminal trial testimony, business and medical record affidavits, and issuing and serving subpoenas. Additionally, Adley is a Volunteer Firefighter in Prosper. While serving the community, Adley earned his MBA from LaTourneau University.

"I want to restore integrity and honesty to the office while reestablishing accountability. Together we can tackle the issues facing local families and the community. The schools need our help with truancy and minor offenses. Our children are our future and keeping them on the right track is vitally important.

I pledge to work full-time with real production. I will have an open door policy and will respond to all questions and concerns of all the people of Precinct 4. We must address real issues and solutions. Join with me in reestablishing JP Court Precinct 4 as 'the People’s Court'."

More about Mr. Adley can be found on his campaign website at www.kelleyadley.com.

MIKE YARBROUGH

Mike Yarbrough is the current sitting JP of the court.  He has held this position since 1998.  Mr. Yarbrough holds a B.A. in political science from the University of New Mexico earned a J.D. from Califormia Western School of Law, San Diego.  He earned these degrees degrees while serving in the United States Marine Corps and retired as a Major.

Prior to serving as a JP, he has has served as a federal and state prosecutor, law professor at the
University of Oklahoma, municipal judge, a Department of Defense
Ethics Counselor and legal liaison, as well as running a private law
practice.

More about Mr. Yarbrough can be found on his campaign website at www.judgemikeyarbrough.com. 

PAST ARTICLES ON COUNTY RACES

• Collin County Campaign Websites
• Collin County District Attorney
• Collin County Court 2
• Collin County Court 3 (Collin County Observer)
• Collin County Court 4
• Collin County Court 6
• 219th District Court
• 296th District Court
• District Clerk

 Hunter Biederman is a DWI / Criminal Defense Attorney in Collin County. He publishes his blog (www.friscodwilawyer.com) which focuses on the Collin County and Texas legal system. He can be reached at friscolaw@gmail.com or (888) DWI-FRISCO.

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I have written many articles on the changing courts and justice system in Collin County.  Many of the posts have been updated to include new candidates, websites, and information about the candidates.  I decided to make one big post showing all of the articles and websites of the contested races as I know them.  All candidates are running as Republicans in the Republican primary with the except of a lone Democrat in the District Attorney Race.

If you click on the Court/Job Title, it will lead you to an article about the candidates.  Most of the Judicial articles are written by me.  Some of the other candidates are courtesy of the Collin County Observer.

JUDICIAL RACES

Collin County Court 2
Judge Jerry Lewis - www.judgejerrylewis.com
Sharon Ramage - www.ramageforjudge.com

County Court 3
Barnett Walker - www.walkerforjudge.com
Lance Baxter - www.baxterforjudge.com
Stewart Matthews - No site yet

County Court 4
Linda Wynn Drain - www.lindawynndrainforjudge.com
Dale Rose - www.roseforjudge.org
Matthew Goeller - www.mattforjudge.com
Dale Rose - www.roseforjudge.com
Christi Bryant - www.chrystibryantforjudge.com
David Rippel - www.rippelforjudge.com

County Court 6
Shawn Ismail - www.ismailforjudge.com
Terri Green - www.terrigreenforjudge.com
Jay Bender - www.benderforjudge.com
Don High - www.donhigh.com

219th Judicial District Court
Scott Becker - www.beckerforjudge.com
Angela Tucker - www.angelatuckerforjudge.com
Wendy McMillon - www.mcmillonforjudge.com

296th Judicial District Court
Keith Gore - www.goreforjudge.com
John Roach Jr. - www.judgeroach.org

Justice of the Peace - 4
Kelley Adley - www.kelleyadley.com
Mike Yarbrough - www.judgemikeyarbrough.com
Doug Reeves - no site yet

DISTRICT ATTORNEY

Collin County District Attorney
Greg Willis - www.gregwillis.org
K. Jefferson Bray - www.brayforda.com
James Angelino - www.angelino4da.com
Rafael de la Garza - www.delagarzaforda.com

COURT CLERKS

Collin County District Clerk
Terrye Evans - www.electterryeevans.com
Alma Hays - www.electalmahays.com
Patricia Crigger - www.votecrigger.com

COLLIN COUNTY COMMISSIONERS

Collin County Judge
Keith Self (incumbent) - www.keithself.com
John Muns - www.johnmuns.org

Commissioner - Precinct 4
Kathy Ward (Incumbent)- www.kathyward.org
Duncan Webb - www.duncanwebb.org

Commissioner Precinct 2

Jerry Hoagland (Incumbent) - www.jerryhoagland.com
Karl Voigtsberger - www.electkarl.org
Cheryl Williams - www.votecherylwilliams.com

Hunter Biederman is a DWI / Criminal Defense Attorney in Collin County. He publishes his blog (www.friscodwilawyer.com) which focuses on the Collin County and Texas legal system. He can be reached at friscolaw@gmail.com or (888) DWI-FRISCO.

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I found out recently that there will be a contested race for Republican Primary for the 296th District Court.  The court currently held by John Roach Jr., will be contested by McKinney attorney Keith Gore.  Right now, the court only hears civil cases because John Roach Jr.'s father, John Roach is the District Attorney.  John Roach Sr. will be stepping down, meaning the court will now hear civil and criminal cases once again. Below are bios on the candidates.  As they put up campaign websites and I gain information on their campaigns, I will post it here.

KEITH GORE

Keith Gore is a McKinney attorney in practice since 1997. Mr. Gore is a graduate of TCU and the University of Mississippi Law School.  He was a former assistant district attorney in Dallas County (Chief misdemeanor prosecutor and felony prosecutor), served as prosecutor for City of Frisco, Foreman of the Grand Jury in 2008, former Municipal Court Judge, City of Trenton, Texas, and is certified to handle death penalty cases.  Mr. Gore currently handles both civil litigation and criminal defense with the firm he founded, the Law Office of Keith Gore.

"The citizens of Collin County need a judge who is qualified to handle all cases filed with the court, including the most serious criminal cases, like capital murder, crimes against children and sexual assaults. I am the only candidate qualified to handle this broad range of cases."

 More information can be found on his (future) website www.goreforjudge.com

JOHN ROACH, Jr.

John Roach, Jr. is the current Judge of the 296th District Court.  He was elected in March 2006 and took office January 2007. He is a former partner in the firm Albin, Harrison, and Roach where the firm practiced in business and  General Civil Law including Medical Malpractice Insurance Defense, Municipal Law, Business and Corporate Law, Family Law, Land Use and Zoning, Wills, and Commercial and Business Litigation.

Mr. Roach is a graduate of the University of Texas at Austin and St. Mary's University School of Law and served in the United States Marine Corps Reserves.

"I am very excited about my upcoming campaign for reelection as Judge. I enjoy the campaign trail because it allows me to talk about the court system, my philosophies about the law and get to meet so many new people. I have worked tirelessly in this position for the last 3 years and look forward to the next 4 years."

More information about Mr. Roach can be found on his (future) campaign website at  www.judgeroach.org.

PAST ARTICLES ON COUNTY RACES

• Collin County Campaign Websites
• Collin County District Attorney
• Collin County Court 2
• Collin County Court 3 (Collin County Observer)
• Collin County Court 4
• Collin County Court 6
• 219th District Court
• District Clerk

Hunter Biederman is a DWI / Criminal Defense Attorney in Collin County. He publishes his blog (www.friscodwilawyer.com) which focuses on the Collin County and Texas legal system. He can be reached at friscolaw@gmail.com or (888) DWI-FRISCO.

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