John Council

June 21, 2004 | Texas Lawyer

The U.S. Supreme Court's March 8 ruling in Crawford v. Washington is a significant Sixth Amendment-decision that forbids the admission of "testimonial evidence" by witnesses who are not made available for cross-examination by the defense at trail. The ruling left for "another day" a comprehensive definition of "testimonial evidence." The lack of a definition is a problem that is plaguing trial and appellate courts across Texas.

By John Council

10 minute read

March 23, 2009 | Texas Lawyer

For the last 50 years, the interior of the DeWitt County Courthouse in Cuero has belied the Victorian splendor of its exterior. The three-story sandstone structure was completed in 1896 and is one of the most enticing buildings in Texas. But after pushing open the doors, those who entered the courthouse expecting more of the same inside were in for a huge disappointment.

By John Council

8 minute read

January 18, 2010 | National Law Journal

Sometimes jail is safer than the outside; Detroit attempts recontextualizing texting; a new book of bungles; and a woman in New Jersey is taken to court for cursing in this week's column.

By John Council

3 minute read

October 01, 2007 | Texas Lawyer

It's often said that a prosecutor could indict a ham sandwich if she wanted to. But a new procedure that goes into effect this month in Dallas County will give criminal-defense lawyers a chance to take their clients off the grand jury's menu. Starting Oct. 4, the Dallas County District Attorney's Office will offer criminal-defense attorneys the opportunity to appear before grand juries to make presentations on behalf of their clients.

By John Council

10 minute read

October 19, 2006 | Law.com

Solo William Britton Hall hadn't been seen at his office for nearly three months when the disciplinary arm of the State Bar of Texas took the unusual step of filing an application to assume jurisdiction over Hall's practice. But now Hall has turned up in Conroe, Texas, practicing law again. He says depression caused him to move and prevented him from advising clients he was leaving, but some of his former friends and clients are wondering why he's been permitted to keep a law license.

By John Council

11 minute read

March 17, 2003 | Law.com

After being shot down by the Democratic-controlled Senate last year, Texas Supreme Court Justice Priscilla Owen faces a slightly less hostile audience now in her pursuit of a seat on the 5th U.S. Circuit Court of Appeals. But after a March 13 Senate Judiciary Committee hearing on her nomination, it remains uncertain whether the controversial jurist ever will gain the approval of the full Senate.

By Jonathan Groner and John Council

6 minute read

October 27, 2008 | Texas Lawyer

The Democrat and Republican running for Harris County district attorney are seeking the office for similar reasons. They both want to put the administration of former Harris County DA Chuck Rosenthal firmly in the past.

By John Council

3 minute read

July 19, 2010 | Texas Lawyer

In the 25 years during which Houston solo Chris Spofford has practiced family law in Harris County, he says its population has doubled but the number of district courts exclusively hearing family law cases has remained the same. Senior reporter John Council spends a day among the crowds and talks with lawyers and judges about the problem and possible solutions.

By John Council

10 minute read

April 20, 2006 | Law.com

Where is William Britton Hall? His wife, friends, clients and the State Bar of Texas would like to know. The Houston solo hasn't been seen since Jan. 3, according to a private investigator who is searching for him. Bar officials, who say Hall hasn't been to his office for months, have taken the unusual step of obtaining jurisdiction over his bankruptcy and business litigation practice. And an anonymous e-mailer is now complaining about the Bar gaining access to his office without a court order.

By John Council

10 minute read

January 05, 2006 | Law.com

The year 2005 demonstrated that clients and plaintiffs lawyers are more willing than ever to sue law firms -- litigation largely unheard of 15 years ago. One legal malpractice lawyer attributes that increase, at least in part, to the tort reform measures that have sent some plaintiffs lawyers in search of new practice areas. Examples of the new trend include Godwin Gruber, which faces a suit involving a former client's use of the NASCAR logo and a video titled "Race Track Girls Go Nutz."

By John Council

7 minute read