Program on Chapter 38 of The Texas Code of Criminal Procedure

A Program For The Defense

- in Plano, Texas, USA

The Center for American and International Law
5201 Democracy Drive
Plano, Texas 75024

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Past Event

Credits:MCLE Credit will be available


This program will be a survey of the predicates for admissibility of certain evidence. Special focus will be on Art. 38.071, 38.072 and 38.074 relating to testimony relating to crimes against children; Art. 38.14 and 38.141 which require corroboration of certain testimony to support a conviction; Art. 38.21 and 38.22 dealing with the admissibility of statements given by the accused; Art. 38.23, the Texas exclusionary rule; Art. 38.36 relating to evidence in murder prosecutions and Art. 38.37 relating to the admissibility of some extraneous offenses.

This course is funded by a grant from the Texas Court of Criminal Appeals.

Download the Brochure (pdf)

For more details, download the online brochure.

Who Should Attend?

With the exception of invited faculty, attendance is limited to defense attorneys and those who directly assist them in Criminal Defense Litigation. Please read before registering: You may not register for this program if you are, or are working for, affiliated, clerking or interning with: a full-time law enforcement officer, a full or part-time state or federal prosecutor, or a full or part-time criminal defense attorney who is currently acting as a prosecutor or special prosecutor in a capital case (unfortunately, no exceptions).

Schedule and Faculty

As of 5/9/19

Tuesday, May 14

8:00 am

Check-In & Registration

9:00 am

Welcome & Introductions

9:15 am

I Know What My Guy Said, But Does The Jury Have To Hear About It?
Art. 38.22: When Statements May Be Used

  • Mitch Nolte, Gibbs Nolte Robison Rose PLLC, McKinney, Texas

10:15 am

Can The Jury Decide Whether The Court Was Right?
Art. 38.23 Entitlement To Jury Charge On Suppression Issue

  • Tom Pappas, Burleson, Pate & Gibson, LLP, Dallas, Texas

11:15 am


11:30 am

Extraneous Crimes, Wrongs & Acts
Art. 38.37 Evidence Of Extraneous Offenses Or Acts

  • Craig Jett, Burleson, Pate & Gibson, LLP, Dallas, Texas

12:30 pm

Lunch (Provided)

1:15 pm

Art. 38.43 Evidence Containing Biological Material

  • Mito Gonzalez, Law Office of Mito Gonzalez, PLLC, McKinney, Texas

2:15 pm

Lineup Identification Procedures
Art. 38.20 Lineup Identification Procedures

  • Chris Abel, Law Offices of J. Christopher Abel, PLLC, Flower Mound, Texas

3:15 pm


3:30 pm

Topic to Be Confirmed

  • Philip M. Gommels, The Law Office of Philip M. Gommels, PLLC, Houston, Texas

4:30 pm


5:30 pm


Wednesday, May 15

9:00 am

Art. 38.071 Testimony Of Child Who Is The Victim Of An Offense

  • Eren Price, Law Offices of Waren Price, Frisco, Texas

10:00 am

First In Time, First In Line (To Testify)?
Art. 38.07 Testimony In Corroboration Of Victim Of Sexual Offense
Art. 38.072 Hearsay Statement Of Certain Abuse

11:00 am


11:15 am

The Problems Posed by Snitches, Jailhouse Rats, & Accomplices
Art. 38.14 Testimony Of Accomplice Witness

  • Sarah Roland, Law Office of Sarah Roland, Denton, Texas

12:15 pm

Lunch (Provided)

1:00 pm

Privileges, Prisoners, & The Press: Who Gets To Talk & What Can They Say?
Art. 38.10, 38.101, 38.11 Privilege Testimony
Art. 38.073, 38.075 Testimony of Inmate Witness / Corroboration

  • Mitch Nolte, Gibbs Nolte Robison Rose PLLC, McKinney, Texas

2:00 pm

Art. 38.371 Evidence In Prosecutions Of Family Violence

  • Kendall Castello, Madson Castello, PLLC, Dallas, Texas

3:00 pm


3:15 pm

The Importance of the Texas Forensic Science Commission (A Defense Lawyer’s Perspective)
Art. 38.01 Texas Forensic Science Commission

  • Nic Hughes, Harris County Public Defender's Office, Houston, Texas

4:15 pm


CLE Credit

The State Bar of Texas has approved this program for a total of 12 hours, no ethics. Course ID Number: 174049709.

In addition to Texas, after the program (if requested) CAIL will directly apply for course accreditation in the following states, as long as course materials and evaluations are not required: California and Oklahoma. Attorneys may be eligible to receive CLE credit through attorney self-submission in other states, as long as course materials and evaluations are not required to be submitted.

Other Information

Cancellation Policy

Written cancellation must be received 5 business days prior to a program to receive a refund (Email: After this date, no refunds, but substitution of attendees for this program will be permitted with prior approval. Registrants not entitled to a refund will receive the course materials.

Nondiscriminatory Policy

The Center for American and International Law does not discriminate on the basis of race, color, sex, religion, national origin, age, disability, veteran status or any other protected status in educational activities, scholarship programs or admissions.

Privacy Policy

We do not sell or rent information to any outside parties. By providing your information, you will receive postal and electronic communications from The Center for American and International Law (CAIL) in accordance with CAIL's Privacy Policy. If we co-sponsor a program with another organization, information may be shared between the parties. All such co-sponsors will be identified on the event details and registration page. At any point, you can opt-out or unsubscribe by selecting either link at the bottom of each email or call us at 972.244.3400.

Registrar: +1.972.244.3404
Fax: +1.972.244.3401