Lubbock Criminal Defense Lawyers Association

Posted by Eric Metze

Some of you “pups” may not remember Joe, but for those who do…

091408 OBITUARIES 2 Lubbock Avalanche-Journal
Dr. Joe A. Adamcik died Aug. 20, 2008, at the age of 78 years. He was a retired Associate Professor of Chemistry and Bio-Chemistry at Texas Tech University.
Dr. Joe A. Adamcik

Lubbock Avalanche-Journal
Sunday, September 14, 2008
Story last updated at -

Dr. Joe A. Adamcik died Aug. 20, 2008, at the age of 78 years. He was a retired Associate Professor of Chemistry and Bio-Chemistry at Texas Tech University. He was predeceased by his parents, Joe and Pearlie Mae Adamcik, and was raised in Austin. While in high school he was awarded a full four-year scholarship, which was front page news in Austin in the 40′s. He chose the University of Texas in Austin, where he earned his bachelor’s and master’s degrees. Between these accomplishments, he proudly served his country as a Lt.j.g. in the United States Navy. He then earned his Ph.D. from the University of Illinois, and began teaching at Texas Tech in 1957. During this time, he was honored to serve on the Board of Directors of the American Chemical Society.

He was also dedicated to helping his students in their pursuit of health professions. After holding this position for over 30 years, and thoughtfully considering his future, he decided on early retirement and entered the Texas Tech School of Law, earning his Law Degree in 1991. He became a practicing attorney, but even then was asked to teach a few classes in the Texas Tech School of Law. Sadly, due to failing health, he was forced to retire from his practice, but did serve as a Resolution Counsel when needed.

Dr. “A”, as he was lovingly known by his students, had many interests, one was astronomy. He built two telescopes of his own, and he had just purchased a large telescope to further his studies of the heavens. He still read the classics, studied the Bible, and was an avid follower of recent politics.

One of his greatest joys in his life was of knowing of the continuing love and admiration shown to him by many of his ex-students. In particular, Dr. Twila Lovett and husband Todd of Waco, with special mention of their son, Ian; and Dr. Katherine Timmins-Vollmers and her family of Houston. Special thanks to neighbors Ben Rivera and Lillian Koontz for their friendship and compassion, especially during Dr. Adamcik’s last illness.

Dr. Adamcik is survived by his sister, Jeanette Shelton and husband Emmett of Jemez Springs, N.M.; and by nephews, Ron and wife Laurel, Barry and wife B.J., and Rick and wife Bobbie, all of Albuquerque; and by a niece, Cyndie Shelton of Austin.

Burial has taken place in the Santa Fe National Cemetery in New Mexico as he had wished, with full military honors.

In remembrance of his life, it would be his wish that his friends would be a mentor for a child, encourage a student to press on, to never stop learning, to read a good book, and to look to the heavens for a meteor shower!

Posted by Chuck Lanehart

Longtime LCDLA member Larry Elms died yesterday following a courageous battle with cancer. Larry will be remembered as a fine lawyer, with expertise in many fields of law. He was a devoted family man and father. Every time I was greeted by Larry, I appreciated his friendly smile and positive attitude, despite the challenges he faced. Attached are a few photos of Larry over the years. He will certainly be missed.

A memorial service is set Thursday, November 1, 4:00 p.m., at First Baptist Church. Larry’s obituary can be found at the following link:

http://www.lubbockonline.com/stories/103107/obi_103107068.shtml

Posted by Ralph Brock

Chuck Herring, an expert in legal malpractice and lawyer discipline, is working with several other lawyers to circulate a petition to file with the Court of Criminal Appeals to request a very modest rule change—to permit e-filing, which would have saved Mr. Richard’s life on September 25. As you may know, Judge Sharon Keller denied his lawyers’ request for a 20-minute extension of time to file his papers, after their computer crashed (and then she concealed her actions from the other judges on the court). If the court had permitted e-filing, his lawyers would have been able to file his papers timely, and he would have received a stay of execution. Instead, he was killed on a day when he should have lived.

If you could sign this petition and return it to Chuck, that would be great. They are trying to get this ready to file by next Wednesday afternoon. They are also trying to get as many signatures as possible, so if you have a way to circulate this in your firm—or have a way to distribute it more broadly—that would be wonderful, too. Some background information below and Chuck’s contact information appear below. Thank you.

---

You may have seen the extensive press reports concerning the recent actions of Presiding Judge Sharon Keller of the Texas Court of Criminal Appeals. In a death-penalty case (Richard), she allegedly refused to permit Mr. Richard’s lawyers to file papers after 5:00 p.m. on the very day when he was scheduled to be executed. The lawyers’ computer had crashed, and they asked for only a twenty minute extension of time to permit the filing–which ordinarily the Court grants routinely in death penalty cases when execution is imminent. On that same day the United States Supreme Court had granted certiorari review on the same point that Mr. Richards’s lawyers attempted to raise on his behalf concerning the constitutionality of lethal injection. Thus, almost certainly a stay of execution would have been granted if Judge Keller had permitted the filing. She also concealed her unilateral ruling from other judges on the Court, some of whom have publicly criticized her conduct. As a result, Mr. Richard was executed at 6:00 p.m.–on a day when he should have lived.

The press has reported that some twenty prominent Texas lawyers–including a former Bar president and various law professors–have filed a judicial disciplinary complaint against Judge Keller. Press coverage and editorials across Texas, the country, and even in other nations, have condemned both Judge Keller’s actions and the Texas system of justice.

The Richard case dramatizes a glaring deficiency in the Court’s procedures: the Court does not permit e-filing (filing by electronic means). Many courts and agencies, of course, permit e-filing. Some require e-filing. If the Court of Criminal Appeals had permitted e-filing in the Richard case, his lawyers would have been able to file the papers even by the 5:00 p.m. deadline that Judge Keller unilaterally imposed.

Therefore, to help avoid a recurrence of such a tragic, unnecessary execution, lawyers across Texas are joining together to petition the Court to adopt a rule to permit e-filings in death-penalty cases.

Please take a moment to review, sign, and return the attached petition, so that we can help avoid another similar malfunction of justice–and please circulate this petition to other attorneys who may be willing to sign the petition.

Please mail or email (pdf) completed petitions for delivery by Wednesday, October 24th, to:

Chuck Herring
Herring & Irwin, L.L.P.
1105 W. 12^th Street
Austin, Texas 78703
cherring@herring-irwin.com

Posted by Chuck Lanehart

Wesley Keng is now a proud dad. William was born yesterday, weighing in at 9lb 9oz. I have no idea why we always tell how much a baby weighs. Mother and child are doing great.

Posted by Eric Metze

For anyone who hasn’t yet heard, Madison Sowder passed away Monday morning. Here is an interesting article about him: Madison Sowder Dies

Here are the details for Madison’s Services:

Thursday, August 16th, 2007, Pre-Burial at 9 :a.m. Idalou Cemetery Chapel, followed by grave site, followed by services at St. Elizabeth’s Catholic Church Down Town on Broadway, at 11:00 am. Reception to follow at St. Elizabeth’s Hall, same address. No flowers, instead, Donations to the ANDY SOWDER SCHOLARSHIP FUND, University of Notre Dame, Attn: Dr. David Hentges, 4601 88th St., Lubbock, Texas 79424.

Posted by Chuck Lanehart

Some of you will remember Bobby Rogers, former longtime court reporter for the 99th District Court. He died Sunday at age 73. Bobby was the godfather of all local court reporters: the last one to use shorthand, pen and ink. He was a good guy. Funeral service will be Wednesday, 11:00 a.m., LakeRidge Chapel, 82nd and Iola.

Posted by Chuck Lanehart

Longtime LCDLA member Charles Chambers was featured in a front-page Lubbock Avalanche-Journal article Sunday regarding whether Buddy Holly’s name will fall into public domain in a few years. In the article, Charlie is described by Entertainment Editor William Kerns as a “legal scholar”. It is a very interesting article, and Charlie does in fact come off as knowing what he’s talking about. You can access the article by clicking the link below:

http://www.lubbockonline.com/stories/072907/wil_072907133.shtml

Posted by Chuck Lanehart

Dick Alexander, long time LCDLA member, passed away on June 29 at the age of 78. Services were held at Sunset Church of Christ Chapel on July 2. Officiating the even was Joe Garner and Russ Arendell. The internment was July 5th at Lackey Cemetery in Hichita, Oklahoma. He was a very active and important member of the organization and will be greatly missed.

Posted by Chuck Lanehart

A reception honoring the
Lubbock Criminal Defense Lawyer’s Association’s
donation to the
Brendan Murray Criminal Defense Scholarship Fund

Featuring a presentation of the donation
by the LCDLA to the Law School.

Wednesday, April 25, 2007
5:30 p.m.
Texas Tech Law School
The Forum

For questions call Rusty Gunter (806) 763-8846
No RSVP required.

Posted by Eric Metze

Brendan Murray, age 22, son of long time LCDLA member Brian Murray and his wife, Lynne, passed away last night at 2:00 a.m., at University Medical Center in Lubbock. Brendan was a graduate of Lubbock High School, The University of Texas and a second year student at Texas Tech University School of Law. Services will be at Holy Spirit Catholic Church, 9821 Frankford Ave., Lubbock, at 10:00 a.m., Saturday, September 16, 2006, with viewing at Sanders Funeral Home, 1420 Main St., on Friday from 5:00 p.m. to 9:00 p.m., with a Rosary at 7:00 p.m. The family suggests donations in Brendan’s memory to Hospice of Lubbock, Texas Tech Law Democrats (of which Brendan was the Treasurer), or the new Brendan Murray Criminal Defense Scholarship Fund being established in his name. LCDLA member Rusty Gunter (806-763-8846) rgunter@prodigy.net has more information on the Scholarship Fund which is being initially funded by a generous gift from the Texas Criminal Defense Lawyers Association.