Fall 2024
Professor(s):
Erik Locascio (ADJUNCT)
Stephen Touchstone (ADJUNCT)
Credits: 3
Course Areas: Practice Skills - Clinics and Externships
Time: 4:00p-5:00p T Location: 222
Course Outline: The Criminal Defense Practice Clinic 2 is a hybrid program offered through the UHLC Clinics Program. It consists of a weekly classroom component along with hands-on practical experience handling misdemeanor and felony cases in the Harris County Criminal District Courts and County Criminal Courts at Law. These cases will be handled by the student attorney from initial arraignment of the client to either a plea bargain, dismissal, or trial at the end of the process. The student attorney will be responsible for all aspects of his or her case, including client interviews and updates; legal research of any issues in the case; analysis and evaluation of the State’s evidence; weighing and considering the various options available to the client for case resolution; and, if needed, sitting first chair during a criminal trial if the client so chooses.
During the classroom component, a variety of topics will be discussed, including a detailed walkthrough and analysis of the Harris County criminal justice system, law practice management, trial strategies, and more.
Students will also be exposed to the many aspects of the criminal justice system, including hearings before a judge, plea negotiations with prosecutors, and interviews with witnesses. Cases will be selected to provide students with a variety of experiences.
It should be noted that essentially all court settings begin at 8:30am, 9am, or 9:30am each day depending on the court, if a case is set for a given day. If you have other classes you need to take that are only held in the morning, you will miss out on a significant source of clinic hours. Please set your schedule accordingly. If you have questions regarding this, please feel free to contact Professors Locascio and Touchstone.
Text:
Required: O’Connor’s Texas Crimes & Consequences, T.B. Todd Dupont II Required: O'Connor's Texas Criminal Offenses & Defenses, Jani Maselli Wood
*If you have the required books from previous semesters/years, those can be used for Clinic 2*Locascio and Touchstone.
Course Syllabus: Syllabus
Course Notes: Quota=3.
Students must apply to the Clinic by submitting the online application at https://uhlc.wufoo.com/forms/m1263f5v0xj9tln/.
It should be noted that essentially all court settings begin at 8:30am, 9am, or 9:30am each day depending on the court, if a case is set for a given day. If you have other classes you need to take that are only held in the morning, you will miss out on a significant source of clinic hours. Please set your schedule accordingly. If you have questions regarding this, please feel free to contact Professors Locascio and Touchstone.
HOW IS CLINIC 2 DIFFERENT FROM CLINIC 1?
In Clinic 2, student attorneys will be expected to draft case memos on their assigned cases, as well as participate in case rounds during class. The student attorney will be assigned specific cases to work up throughout the semester, with a good mix of new cases, pre-trial cases, and trial cases (if applicable). Class time will be spent more on individual case analysis than on generalized topics, as well as specific (and esoteric) statutes, case law, and issue spotting. Student attorneys will also be expected to know and remember criminal law from Clinic 1 along with specific Harris County court requirements. If you have questions about how Clinic 1 and Clinic 2 differ, please email Professors Locascio and Touchstone.
Evaluation:
This is a graded class. Students will be evaluated on a variety of factors, including participation during class and during court appearances; case memos; case rounds; journal assignments; case preparation; and attendance.
•One-page bi-weekly journals will be due beginning Week 2 and continuing throughout the semester on every even week. These journals can include impressions on court proceedings; thoughts and ideas about criminal justice; case theories and issue spotting; current events in criminal law; and any other appropriate topic.
• Case Memos on cases that have been assigned to student attorneys, which will include the facts, the applicable law, evidence analysis, relevant case law, issue spotting, and student attorney opinions on strengths and weaknesses in the case
• Case Rounds, where students will talk through their cases with the class and discuss issues, their Case Memos, etc.
If a student does not turn in a journal on the appropriate due date, they may turn them in on the next journal due date for half credit.
Student Orientation: TBA
Prerequisites: Yes Completion of Evidence, Criminal Defense Clinic good academic standing, and eligible for Texas Supervised Practice Card.
First Day Assignments:
Final Exam Schedule:
This course will have:
Exam:
Paper:
Satisfies Senior Upper Level Writing Requirement: No
Experiential Course Type: clinic
Bar Course: No
DistanceEd ABA: No
Pass-Fail Student Election: Unavailable (Instructor Preference)
Course Materials
Book(s) Required
Course Materials: O’Connor’s Texas Crimes & Consequences, T.B. Todd Dupont II; O'Connor's Texas Criminal Offenses & Defenses, Jani Maselli Wood