In The Media

(12/30/2016) Houston Chronicle
Incoming DA Kim Ogg taps defense lawyers for top posts in new administration

(12/30/2016) HCCLA’s The Defender
JoAnne’s final issue of The Defender includes her article on Harris County’s Brady Violations
brady-defender-fall-2016

(12/29/2016) HCCLA’s Reasonable Doubt
Guests Earl Musick and Pat McCann discuss prosecutorial misconduct, the culture at the DA’s office, the new administration, and the David Temple case in which his conviction was vacated.

(12/20/2016) Houston Chronicle
Juveniles Being Tried as Adults More Common with Less Arrests

Juveniles as young as 14 years old can be certified as adults for any felony criminal charge, though prosecutors generally seek certification for crimes involving violence or weapons.

Once in the adult system, juveniles often fare better than adults with judges. Their cases tend to be less violent, giving them a better chance at probation or deferred adjudication, a form of probation in which the charges eventually are dismissed if the probationary term is completed without incident.

“It’s extremely common for a juvenile to get certified on an armed robbery and end up with a deferred adjudication,” said defense attorney JoAnne Musick, a board-certified expert in juvenile law. “In some ways, the kids want to be certified because then they may be able to get bail and get out. … The down side is that if they violate probation for aggravated robbery, they are looking at five years to life in prison.”

(12/20/2016) Houston Chronicle
DA Dismisses DWI for Prominent Lawyer

“Based on what (Buzbee) said, this is definitely not a diversion. If it’s not, then it is nothing but a political favor,” said JoAnne Musick, past-president of the Harris County Criminal Lawyer’s Association. “Unless (Anderson) just completely lied on a court document, because it appears, on the dismissal, that he completed a diversion – that he participated in some sort of program in lieu of prosecution.”

(12/19/2016) Houston Press
DA Anderson Personally Dismisses DWI Case Against Prominent Lawyer

Defense attorneys who handle DWI cases told the Press Monday that Anderson’s direct involvement in a misdemeanor case struck them as “incredibly odd,” as attorney JoAnne Musick put it.

“It’s not unusual that Buzbee was given the diversion program. But it is virtually unheard of for it to be dismissed early (before the one year period lapsed) and even more unusual that Devon would sign the dismissal,” Musick said in an email. “Usually that is left to the chief prosecutor in the court who has the file on the completed diversion.”

(9/28/2016) Houston Press
Criminal Defense Lawyers say ADA Connie Spence Shouldn’t be a Judge

Defense attorney JoAnne Musick said a primary red flag was Spence’s alleged misconduct in the Linda Carty murder trial. Carty was sent to death row after Spence and her fellow trial prosecutor, Craig Goodhart, persuaded a jury that Carty instructed three men to kidnap her neighbor so Carty could steal her neighbor’s newborn baby. The mother was later found dead in the trunk of a car tied to Carty. But in a post-conviction hearing this year, star witnesses whose testimony helped convict Carty came forward to accuse Spence and Goodhart of threatening them and coercing certain testimony. A retired DEA agent also chimed in to accuse Spence of coercion.

Musick said that, when it comes to bail reform, activists and attorneys are calling for more authority to be placed in the hands of these magistrates. As it stands, Musick and various other attorneys the Press has talked to in the past said that magistrates simply follow the instructions given to them by judges—which may explain why they so rarely stray from the bail schedule when setting a person’s bail. Reformers want the next magistrate and the current ones who are sued to actually start exercising discretion and treating each person before them as an individual.

“It’s extremely disheartening that these people are placed here with no authority to exercise discretion,” Musick said. “They really do not deviate from the bail schedule—and it makes sense, because they’re beholden to the judges. The judges appoint them and employ them. Why would they appoint someone who doesn’t follow their rules?”

(9/26/2016) Houston Public Media/PBS
Red, White and Blue: Criminal Justice Reform

(9/25/2016) Houston Chronicle
Pct. 4 part of larger pattern
Evidence-keeping sloppy in 4 of 8 constable’s offices. Harris County has undertaken audits of Harris County Constable’s Offices and their property rooms. Even though the DA was notified of the audit reports showing missing evidence and other problems, no notice was provided to defendants and their counsel.

JoAnne Musick, a defense attorney who is past president of the Harris County Criminal Lawyers Association, said she is skeptical that no cases have been adversely affected.

“Every property custodian comes in and testifies how great their system is — but in these audits that’s not what they’re finding,” she said. “They’re having to dig stuff up. …How do you know it’s not been tampered with, it’s not altered, it’s not decayed?”

(9/23/2016) Houston Chronicle
Precinct 7 has concerns about missing evidence – after the Precinct 4 debacle, the DA finally gives immediate notice

JoAnne Musick, a former president of the Harris County Criminal Lawyers Association, expressed dismay at receiving yet another DA’s notice that could impact pending or closed criminal cases and the lives of many local residents.

“At least the DA acknowledged the issue and provided notice,” Musick said. “But what does this say about our smaller law enforcement agencies? There is no oversight. No accountability. Certainly our district attorney has not been working with them on evidence preservation. And they are not using best practices to catalog and store evidence.”

(9/21/2016) Houston Chronicle
1,000 Cases Likely Compromised by the Destruction of Evidence by Harris County Constable Precinct 4, DA failed to notify defense which could cause hundreds of writs

“The response from the Harris County district attorney has been nearly nonexistent,” said JoAnne Musick, former president of the Harris County Criminal Lawyers Association. “Despite having known of the evidence destruction since February, it took … months and a flood of negative press before they saw fit to even begin notifying defense attorneys.”

(9/1/2016) SEO, SEM, PPC Internet Marketing
Musick & Musick launches new website with clean design and is mobile friendly

(8/25/2016) HCCLA’s Reasonable Doubt
JoAnne Musick discusses Mary Frances Prevost Twitter war, the Harris County Constable Precinct 4 evidence debacle, and the stressors of criminal cases (video available)

(8/25/2016) Simple Justice
Is San Diego Lawyer Mary Frances Prevost Unhinged?

(8/6/2016) Pursuit of Texas Radio – Charles Adams (aka Big Angry)
Big Angry interviews Earl Musick and JoAnne Musick as well as Ronnie Killen (famed chef and restaurant owner)
mp3 available here

(7/29/2016) Houston Chronicle
Audit: Crime lab lacks self-rule(Houston Forensic Science Center, fancy name, still HPD Crime Lab)
for more information: JoAnne’s analysis and the full audit report

(7/24/2016) Houston Chronicle
Acclaimed investigator takes fall in Goforth case

(7/22/2016) Texas Bar Today
Top 10 Blog Post – Can You Ever Pay a Debt to Society

(7/20/2016) Houston Chronicle
Hate crime protection for police is right instinct, wrong move

(7/20/2016) CW39 News Fix
Teenager who ran onto NRG Stadium field to meet Lionel Messi appears in court

(7/13/2016) Texas Standard Radio
On the year anniversary of Sandra Bland’s death, jail reform in Waller County

(6/29/2016) KHOU 11 News
Messi fan who rushed the field makes court appearance

(6/2/2016) San Antonio Express News
Houston teen accused of killing girlfriend will remain in jail until trial, judge rules

(6/1/2016) Mimesis Law, Fault Lines Blog
CROSS: JOANNE MUSICK, CRIMINAL LAW FROM BOTH SIDES NOW

(5/27/2016) Mimesis Law, Between the Lines
JoAnne Musick discusses the Colorado Bubble Gun and Zero Tolerance in Schools which left a kindergartener expelled (video)
Discussion via podcast

(5/24/2016) Houston Chronicle
Lawsuit Against County for Bonding Practices; JoAnne Musick volunteered to represent Odonnel, McGruder and Ford in their county cases.

(5/4/2016) Simple Justice – A Criminal Defense Blog
The 800 Lb. Doggie In The Harris County Jury Room

(5/3/2016) Houston Chronicle
CPS should have responded promptly to allegations of child abuse

(5/3/2016) Houston Chronicle
Did K9 Presentation at Courthouse Influence Jurors?

(5/3/2016) ABC13 Eyewitness News
Did K9 Presentation at Courthouse Influence Jurors?

(4/22/2016) Texas Bar Today
Top 10 Blog Post: Can My Client Be Impeached With Prior Juvenile Adjudications?

(4/20/2016) Correctional News
Committee Releases Operations Report for Waller County Jail

(4/17/2016) Associated Press
Changes at Texas jail where Bland died difficult to attain

(4/15/2016) Officer.Com
Jail Changes Recommended Following Death

(4/14/2016) Breitbart Texas
Post-Sandra Bland Recommendations for Law Enforcement Made

(4/14/2016) Houston Chronicle
Findings of Sandra Bland jail death probe released

(4/14/2016) Off The Kuff
Bland committee makes its recommendations for Waller County jail

(4/13/2016) Houston Public Media
Committee Makes 9 Recommendations For Waller County Jail After Death Of Sandra Bland

(4/13/2016) Texas Standard Radio
After Bland’s Death, Report Suggests Jail Overhaul To Address Mental Health

(4/12/2016) Houston Chronicle
Committee recommends changes to Waller County Jail

(4/12/2016) NBC 2 KPRC Houston
Waller County Jail recommended practices released

(4/12/2016) Texas Tribune
Bland Committee Calls for New Jail, Body Cameras

(4/1/2016) CNN
Claude Wilkerson former Texas death row inmate accused of holding sex slave hostage

(3/31/3016) Fox13
Ex death row inmate Claude Wilkerson accused of holding woman hostage as a sex slave

(3/29/2016) Atlanta Black Star
Texas Prosecutor Outs DA Who “Advised” Him to Exclude Black Jurors

(3/22/2016) Houston Chronicle
Local DA encourages blocking blacks from juries, Wharton County prosecutor says

(3/18/2016) Texas Bar Today
Top 10 Blog Post: My Client Says He is Innocent but Wants to Plead

(3/17/2016) Houston Chronicle
Suspect in pizzeria killing had violated parole twice

(3/3/2016) 9News – Colorado
How Claude Wilkerson got off death row

(3/1/2016) Houston Chronicle
Criminal defense groups ask court to reject gang injunction as unconstitutional

(2/2016) Crimes, Criminals, and the Cops Who Chase Them
The Judge Who Had a Price Tag: the arrest of Judge Garth Bates for bribery

(2/11/2016) Houston Chronicle
Sheriff admits he has regrets – Sex scandal in department, his comments in Goforth case weigh on him

(2/10/2016) Houston Chronicle
Hickman concerned about population growth

(2/3/2016) Attorney Murray Newman’s Blog
Donations for Kirby Taylor

(1/24/2016) Houston Chronicle
Sheriff slashes number of internal jail inspectors

(1/7/2016) HCCLA’s Reasonable Doubt
JoAnne Musick discusses Sandra Bland, Texas Open Carry, and Obama’s Executive Orders on gun control (video available)