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John Council

John Council

Senior reporter John Council is a native Texan who covers litigation and appellate courts in his home state. Contact him at [email protected]. On Twitter: @john_council

May 21, 2004 | Law.com

No Atticus Finches Allowed?

Bill Sanders couldn't afford Mary McKnight's six-figure legal bill, so he did carpentry work on her office instead. In response, a Texas appeals court disqualified McKnight from representing Sanders at trial. Now, the state Supreme Court is considering whether to grant review. Some attorneys fear that if the appeals court decision is left standing, it could hurt solos and small-firm lawyers who accept services in what they view as a time-honored tradition.

By John Council

7 minute read

December 19, 2005 | Texas Lawyer

Priscilla Owen: Insuring Her Legacy

While many Texas insurance industry lawyers will remember Priscilla Owen best for her parting gift to them -- a Texas Supreme Court opinion that has electrified the state's insurance bar -- her legacy beyond the state's borders may well be her role in a heated and emotional battle over a threatened Senate filibuster in the judicial confirmation process.

By John Council

5 minute read

June 29, 2006 | Texas Lawyer

Jury Room at Center of Fight Over New Trial

A federal prisoner convicted of capital murder and sentenced to death for killing another inmate has filed a motion for new trial after a U.S. district judge made an unusual decision to dismiss a juror during deliberations.

By JOHN COUNCIL

7 minute read

May 14, 2004 | Law.com

Will Pro Se Defendant's Case Become Appellate Gold?

Joseph Maxwell's pro se case was simple: He didn't do anything wrong when he created a Web site that complained about an alleged soured deal with a homebuilder. But a Texas judge hammered him with $80,000 in trademark damages. Maxwell had better luck at the appellate level thanks to Public Citizen's Paul Levy. The decision that Maxwell eventually won will go a long way in protecting other consumers who create "gripe sites," Levy says.

By John Council

8 minute read

February 01, 2002 | Texas Lawyer

Prosecutors, Defense Counsel May Feel Fallout From Sheetrock Cases

When Jose Luis Vega`s family hired Cynthia Barbare in August to defend the Mexican immigrant against a charge of possessing 25 kilos of cocaine with intent to deliver, she knew something was wrong with his case. For starters, Vega, a mechanic in an auto repair shop, did not live the flashy lifestyle of a drug dealer and did not have a criminal record, Barbare says. And after Vega was arrested, Dallas police didn`t bother to interrogate him or attempt to locate the supplier of Vega`s alleged drugs, says Ba

By JOHN COUNCIL

9 minute read

February 09, 2005 | The Legal Intelligencer

Booker Causes Consternation for Counsel

Adrienne Urrutia was so excited about the rare reversal she won for her client at the 5th U.S. Circuit Court of Appeals that she did a dance in her office and typed a triumphant letter to her imprisoned client informing him of the good news.

By John Council

6 minute read

July 12, 2010 | Texas Lawyer

Judge's "Motion to Quash Illegally Re-Assembled Grand Jury" Granted

Usually, grand jury investigations are conducted out of the public eye for privacy reasons. But in Collin County, an investigation of Judge Suzanne Wooten became public after Wooten filed and won a "Motion to Quash Illegally Re-Assembled Grand Jury."

By John Council

7 minute read

July 02, 2001 | Law.com

Controlled-Substance Conviction No Longer Leads to a Lawyer's Automatic Suspension

In a decision that will fundamentally change the way the State Bar of Texas punishes some lawyers, the Texas Supreme Court ruled that a lawyer's conviction for possession of a controlled substance is no longer grounds for an automatic license suspension. Raising the question of what is a crime of "moral turpitude," the case represents a departure from the high court's traditional attitude toward lawyers convicted of possessing illegal drugs.

By John Council

8 minute read

November 01, 2010 | Texas Lawyer

Judge Deposed in Suit Against Cox Smith, Former Shareholder

An opinion by San Antonio's 4th Court of Appeals interpreting the "equal inference rule" will allow an unusual breach-of-fiduciary-duty suit against Cox Smith Matthews and a former shareholder to go to trial. Ryan Anderson (pictured)of San Antonio's McClenahan Anderson & Striker represents Total Clean in its suit against Cox Smith and the sormer shareholder.

By John Council

8 minute read

July 05, 2000 | Law.com

No Easy Task

With plaintiffs' counsel eager for trial, defense counsel encouraged by a previous take-nothing judgment, and a judge who wants the cases off his docket, it would seem that 22 fraud cases against a Dallas-based chain of psychiatric hospitals could be resolved in a snap. But a string of delays and catastrophes -- including a tornado -- has left the cases hanging for nearly six years.

By John Council

7 minute read