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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

November 23, 1999 | Law.com

Time May Be Right to Push for Texas Shield Law

When James Byrd Jr. was dragged to death in 1998, the brutal murder sparked hate crime legislation in Texas -- an effort that ultimately failed. Now, the trial of one of Byrd's alleged attackers may cause lawmakers to push a bill that's of interest to both journalists and criminal lawyers. When CBS' "60 Minutes II" was forced to hand over to prosecutors the transcript of an interview with Shawn Allen Berry, the incident highlighted the lack of a Texas media shield law.

By John Council

5 minute read

July 24, 2006 | Texas Lawyer

West Texans Fight Sunshine Law's Constitutionality

Could one of Texas' most prominent criminal-defense attorneys dismantle the Texas Open Meetings Act — the 39-year-old law that's a bedrock principle of state government requiring decisions to be made in public? Dick DeGuerin of Houston's DeGuerin Dickson & Hennessy thinks he can.

By John Council

8 minute read

June 20, 2005 | Texas Lawyer

Prosecutors, Peremptory Challenges and the Death Penalty

After nearly 20 years of appeals, Texas death row inmate Thomas Miller-El persuaded the U.S. Supreme Court on June 13 to overturn his conviction because of the racial bias that tainted the selection of the jury in his murder trial.

By Tony Mauro, Miriam Rozen and John Council

11 minute read

August 10, 2009 | Texas Lawyer

40 Years Later: Judge Marty Lowy's Memories of Woodstock

Forty years ago on Aug. 15, a half-million people gathered on a pig farmer's property in upstate New York for a three-day music festival that would come to symbolize a generation of Americans. And packed in among the masses at Woodstock was a college freshman who would later become a state district judge in Dallas.

By John Council

7 minute read

October 02, 2006 | Texas Lawyer

For Your Eyes Only: Court Rules Snap Back, not Disqualification, Remedies Document Disclosure

The 1st Court of Appeals has reversed a trial court order disqualifying a firm and two solos from defending attorney George Parnham in a civil suit filed against him by a former client.

By John Council

9 minute read

November 01, 2010 | Law.com

Judge Deposed in Suit Against Cox Smith, Former Shareholder

A Texas appellate ruling 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.

By John Council

8 minute read

January 04, 2002 | Texas Lawyer

The Quest for Quality

The selection of U.S. district judges and U.S. attorneys can be one of the most dangerous aspects of American politics. U.S. attorneys, the top dogs of federal law enforcement, serve at the will of the president and are rarely removed until a new president takes office. And U.S. district judges serve for life with near unfettered power. For decades, these appointments were mostly the product of political patronage.

By JOHN COUNCIL

4 minute read

July 27, 2009 | Texas Lawyer

A Black Belt in a Black Robe

U.S. District Judge David Godbey can solve a complicated math problem, find oil deep underground and deliver a swift kick to the face if need be. And those are just a few of the Dallas federal jurist's many talents. As one would expect from a man with so many unusual abilities, Godbey entered his legal career through a different door.

By John Council

6 minute read

July 11, 2011 | Texas Lawyer

Removal Rejected: Unusual Order Grants Attorneys' Fees in Case Remanded to State Court

A federal judge in Dallas has awarded attorneys' fees and issued a remand order, in part because factual allegations in an affidavit were mischaracterized and "unfavorable authority" was not disclosed by a defendant. Joe Longley, who represents the plaintiff in federal court, was awarded $10,000 in attorney's fees.

By John Council

4 minute read

December 29, 2008 | Texas Lawyer

Mills County Courthouse Sees the Light

As the sun sets on Central Texas in December, white holiday lights lining the windows of businesses along Highway 183 click on, leading visitors into Goldthwaite. The illumination ultimately guides travelers to the town's centerpiece, the red brick Mills County Courthouse, which explodes with holiday lights this time of year.

By JOHN COUNCIL

7 minute read