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TFDP undertakes strategic litigation to protect the rights of indigent defendants. TFDP‘s cases include:
In Rothgery v. Gillespie County, TFDP represents an individual who was denied counsel for over six months while free on bond. Mr. Rothgery was arrested for being a felon in possession of a gun when he was not, in fact, a felon. Although Mr. Rothgery repeatedly asked for a court-appointed lawyer, it was not until Mr. Rothgery was re-arrested and spent time in jail that the county gave him an attorney. Once appointed counsel, Mr. Rothgery‘s lawyer was quickly able to obtain paperwork that showed Mr. Rothgery was not a felon, and the charges were dismissed.
In June 2007, the Fifth Circuit Court of Appeals in New Orleans upheld the dismissal of Mr. Rothgery‘s claims, finding that Mr. Rothgery‘s right to counsel did not attach until a prosecutor became involved in the case, which did not occur until months after Mr. Rothgery had been committed on charges filed by law enforcement shortly after his arrest. In reaching this disposition, the Fifth Circuit employed a test that has not been used either in Texas courts or in other federal courts and created a split with other federal courts of appeal. The U.S. Supreme Court agreed to review the case, and heard oral argument on March 17, 2008. A decision is expected in June 2008.
Rothgery v. Gillespie County case documents:
Additional briefs filed in the Supreme Court can be viewed here.
In Heckman v. Williamson County, TFDP is representing a proposed class of indigent defendants who are systematically denied rights in the Williamson County courts at law, including the right to counsel under the Sixth and Fourteenth Amendments, and the right to a public trial under the First, Sixth, and Fourteenth Amendments. Plaintiffs also allege corresponding violations of the Texas Constitution and violations of the Fair Defense Act.
We allege that Williamson County‘s practices deny persons accused of crime the assistance necessary to investigate their cases and navigate the legal system. The County‘s policies also increase the likelihood of false convictions. Finally, the County‘s policy of closing its courts to members of the public shields the criminal process from scrutiny and undermines confidence in the fairness of the criminal justice system.
On October 4, 2006, the Honorable Joseph Hart denied the County‘s pleas to the jurisdiction (a motion to dismiss based on lack of jurisdiction) and ordered that the case move forward. The County has appealed Judge Hart‘s ruling, and the case is currently before the Third Court of Appeals in Austin.
Heckman v. Williamson County case documents:
In Williams v. State, TFDP assisted in the successful defense of Janet Lorraine Williams. Ms. Williams was forced to go to trial without an attorney because the trial court never told her she had the right to a court-appointed lawyer. The Court of Criminal Appeals in Austin affirmed that a criminal conviction must be reversed if an unrepresented defendant does not validly waive the right to appointed counsel.
Williams v. State case documents:
TFDP files habeas petitions on behalf of low-income individuals who are wrongfully incarcerated subject to a bond that was revoked or modified after the individual requested appointment of counsel.
Sample habeas case documents:
