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GG&H In the News

Gerry Goldstein on Texas Marijuana Laws

The Texas Legislature is entertaining a number of marijuana bills — ranging from legalizing medical marijuana to decriminalizing small amounts — and San Antonio officials are for the most part very supportive. District Attorney Nico LaHood and nationally prominent, long-time defense lawyer Gerry Goldstein join Rick Casey in the studio.

Watch the Video Here

A Remembrance of My Partner: Van G. Hilley

A Remembrance of My Partner: Van G. Hilley

The essence of any successful partnership is trust and respect for one another. I can honestly attest that practicing law with Van Hilley was more a pleasure and a privilege than a profession. Day in and day out, for almost forty years, Van never failed to earn my trust and respect. Perhaps that explains why Van and I never had a written or even an oral partnership agreement. In fact, we never discussed money or how to divide same. We never even discussed the fact that we never had a discussion about money. I have more discussions about money with my wife than I ever had with my law partner.

Read More of Gerald H. Goldstein’s Words About Van G. Hilley

Gerry Goldstein to Speak at Upcoming Cannabis Grand Cru Event

Former president of the National Association of Criminal Defense Lawyers and lifetime chair of the Legal Committee of the National Organization for the Reform of Marijuana Laws Gerald “Gerry” Harris Goldstein of Goldstein, Goldstein & Hilley was asked to speak at the 2016 Cannabis Grand Cru Event alongside current and former sheriffs. The Cannabis Grand Cru Event took place in Seattle, WA on March 19th.

Read full article here.

Cynthia Orr discusses the Ken Paxton indictment

Goldstein, Goldstein & Hilley attorney Cynthia Orr discusses the indictment of Texas Attorney General Ken Paxton for securities fraud with Texas Lawyer. Orr says there appear to be some possible weaknesses in the indictment, including whether the one of Paxton’s alleged omissions would be material to an investor’s decision. Paxton is alleged to have not told investors that he was an investor in the company. The allegation that Paxton failed to disclose he had been compensated, however, may be stronger, she said.

Read the article here.

Gerry Goldstein: Board Certified for 40 Years

In an interview with the Texas Board of Legal Specialization, Gerry Goldstein discusses being part of the inaugural class of board-certified criminal defense lawyers. Mr. Goldstein was part of the first group of attorneys to be officially recognized as specialists in Criminal Law in 1975. Certification is a rigorous process. Attorneys must meet certain qualifications and pass an exam. In the interview, Mr. Goldstein talks about what it was like to be among the first to take the exam, and what it has meant for his career since.

Read the entire interview with Gerry Goldstein.

Murder Charges Dropped Against Hannah Overton

An ABC News article discusses how the legal team at Goldstein, Goldstein & Hilley was able to have a murder conviction overturned on appeal for client Hannah Overton, a mother who was prosecuted and wrongfully convicted for the 2007 death of her 4-year-old foster son. The Nueces County District Attorney announced in April that he moved to dismiss his own case.

Read the full ABC News article here.

Cameron Wins Appeal and Will Receive Murder Retrial

Vanessa Cameron will receive a new trial after being convicted of murder in 2012 and receiving a sentence of more than 70 years in prison. Cameron, represented by attorney Gerry Goldstein, appealed her sentence by arguing her constitutional right to a public trial previously was violated because the trial court excluded the public from voir dire. The Fourth Court of Appeals reversed her conviction and the State appealed. However, the Court of Criminal Appeal upheld the decision of the Fourth Court of Appeals.

View the original Texas Court of Criminal Appeals opinion.

Corpus Christi Caller Times Discusses Hannah Overton’s Appeal

An article in the Corpus Christi Caller Times discusses the ruling released by the state’s highest court that Hannah Overton’s conviction be overturned. Attorney Cynthia Orr is representing Overton who was previously convicted for the murder of her 4-year-old foster son by sodium poisoning. In a 17-page opinion, the Court of Criminal Appeals cited Overton’s ineffective representation from her lawyers during trial for the ruling.

Read the full Corpus Christi Caller Times article here.

Parole When Innocence Is Claimed

In the Room for Debate opinions page of the New York Times, criminal law experts and prison reform advocates tackle the issue of exoneration and innocence. The question put up for debate on November 13th is: “Should prisoners for whom there is substantial evidence of innocence be required to admit guilt to be granted parole?”

This question is especially heated when the exoneration of men and women in prison is considered, including the 2011 exoneration of Michael Morton who was freed from prison after 25 years for the alleged murder of his wife. Attorney Gerry Goldstein represented Morton and is a noted advocate for those wrongfully convicted and imprisoned in Texas.

Read more and join the debate online.

Overton Wins Appeal in Capital Murder Case

The Texas Court of Criminal Appeals has overturned the capital murder conviction of Hannah Overton (NO. WR-75,804-02). Overton was previously convicted for the murder of her four-year-old foster child by sodium poisoning in 2007. Her defense team included Goldstein, Goldstein & Hilley’s attorney Cynthia Orr.

The defense argued evidence was ignored that showed the child may have had an eating disorder called pica, which made him consume large quantities of inappropriate items including those containing sodium.It is now up to the District Attorney to determine if Overton will be tried instead on a lesser charge, if the charges will be dismissed, or if she will be retried again for capital murder.

MEYERS, J., delivered the opinion of the Court, in which PRICE, WOMACK, JOHNSON, HERVEY, COCHRAN, ALCALA, JJ., joined. COCHRAN, J., filed a concurring opinion, in which JOHNSON and ALCALA, JJ., joined. KELLER, P.J., filed a dissenting opinion, in which KEASLER, J., joined.

Additional Resources:

Oral Arguments for Hannah Overton Appellate Hearing

Arguments heard on April 2, 2014 before the Texas Court of Criminal Appeals featuring dialogue from defense attorney Cynthia Orr (Goldstein, Goldstein & Hilley). Transcripts of the oral arguments can be downloaded here.

Overton v. Texas, Tex. Ct. Crim. App., Case No. 13-07-00735-CR

Cynthia Orr to Receive 2014 Robert C. Heeney Award from NACDL

The National Association of Criminal Defense Lawyers will recognize Cynthia Hujar Orr with the Robert C. Heeney Award at the Foundation for Criminal Justice’s gala, “Celebrating Liberty’s Last Champions: Guardians of the Constitution” in August.

The award, one of the organization’s most prestigious, is given every year to an NACDL member who best exemplifies the goals and values of the organization and of the legal profession. It is named after the 18th president of the NACDL, and been awarded to an attorney every year since 1981, including Gerry Goldstein in 1991. NACDL President Jerry J. Cox will give the award to Orr during the Annual Meeting and CLE Seminar in Philadelphia.

Orr was president of the organization from 2009 to 2010. During her tenure, the organization took on New York’s inadequate indigent defense services and the federal government’s lack of transparency in proceedings for people detained in Guantanamo Bay. The organization also released a major report with the Heritage Foundation on overcriminalization. Orr has served in every officer position in NACDL, and currently serves as Fifth Circuit Vice Chair to NACDL’s Amicus Curiae Committee and as a member of NACDL’s Champion Advisory Board, and as a member of NACDL’s Death Penalty, Corrections, Forfeiture Abuse, Fourth Amendment Advocacy, and Discovery Reform Committees.

The National Association of Criminal Defense Attorneys is dedicated to ensuring justice and due process for persons accused of crime and fostering the integrity, independence and expertise of the criminal defense profession.

View the original NACDL news release.

Attorney Gerry Goldstein Discusses Local Racism Incident

As reported by KENS 5 in San Antonio on May 13, 2014, a Henry B. Gonzales Convention Center employee filed a complaint with the city against his supervisor for calling him a racial slur in front of other employees.

City human resources employees investigated the claim that Facilities Coordinator Robert Lassare called the building maintenance officer the N-word. Lassare was suspended for two days.

Civil rights attorney Gerry Goldstein was interviewed in regards to the incident, saying race relations need to be changed throughout the country.  Goldstein said people have moved beyond racism in most cases, and when there is an instance he would expect for repercussions.

Attorney Gerry Goldstein Recalls Racy “Deep Throat” Case

As reported by the San Antonio Express-News, attorney Gerry Goldstein’s landmark case State of Texas v. Richard C. Dexter concerning the adult film “Deep Throat” is one that still teaches lessons about law.

Richard C. Dexter was arrested four consecutive nights in 1974 and charged with commercial obscenity and felony possession of a criminal instrument after the opening of the X-rated film at the Fiesta Theater.

Prosecutors led by District Attorney Ted Butler claimed explicit sexual acts in the film were “morbid and shameful, patently offensive and without redeeming social value.” Prosecutors argued the trial would establish a standard for obscenity.

Goldstein had a panel of expert witnesses, including psychiatrists, psychologists and sex therapists, who testified that “Deep Throat” was harmless entertainment, humorous and could be educational.

Read the original article published by the San Antonio Express-News.

Attorney Cynthia Orr Featured in Film About Hannah Overton Capital Murder Case

Attorney Cynthia Orr has been featured in a documentary detailing the history of the Hannah Overton capital murder case in which a Corpus Christi woman was sentenced to life in prison for the death of her foster son.

Orr and attorney Gerry Goldstein have worked with Overton in her attempt to overturn her 2007 capital murder conviction. The film follows how the case was perceived in the local community and what the family is doing to bring the mother home.

Watch the documentary trailer:

Hannah Overton Defense Attorney Gerry Goldstein Questions Former Prosecutor in Hearing

As reported by Texas Monthly on April 26th, 2012, former prosecutor Sandra Eastwood took the stand in the third day of the Hannah Overton hearing as attorney Gerry Goldstein questioned her about whether or not she withheld critical evidence from the defense.

Goldstein questioned Eastwood about notes that were written in her handwriting, emails sent from her own email account, and papers signed with her signature. The former assistant district attorney also was questioned about withholding police reports and photos as evidence.

For more information, read the original Texas Monthly article.

Gerry Goldstein Questions District Attorney in Hannah Overton Hearing

As reported by the Corpus Christi Caller-Times on April 25th, 2012,, former District Attorney Anna Jimenez testified she thought Sandra Eastwood, the lead prosecutor in Hannah Overton’s case, used unethical behavior during the trial. 

Attorney Gerry Goldstein questioned Jimenez about whether she believed critical evidence was withheld from the defense when Overton was convicted of capital murder in 2007 for the death of her foster son Andrew Burd.

Read the article published by the Corpus Christi Caller-Times.

Gerry Goldstein Begins Questioning Former Prosecutor in Hannah Overton Hearing

As reported by KIII TV on April 25th, 2012, the Hannah Overton hearing continued at the Nueces County Courthouse in Corpus Christi for the third day of testimony in which attorney Gerry Goldstein is trying to get Overton’s capital murder conviction overturned.

One of Overton’s attorneys said key evidence was withheld from the defense when she was convicted of killing her 4-year old foster son, Andrew Burd. Burd died in 2006 of elevated sodium levels. Former prosecutor Sandra Eastwood took the stand for the first day, in which Goldstein, Overton’s defense attorney, questioned whether she was abusing prescription drugs during the 2007 capital murder trial.

Read more about this case on the KIITV article.

Attorney Gerry Goldstein Questions if Evidence Was Withheld in Hannah Overton hearing

Attorney Gerry Goldstein questioned former prosecutor Sandra Eastwood about the Hannah Overton case, a trial in which the accused was sentenced to life in prison without parole. Eastwood was questioned about whether or not she withheld critical evidence from the defense.

Goldstein questioned Eastwood about notes that were written in her handwriting, emails sent from her own email account, and papers signed with her signature. The former assistant district attorney said she cannot remember seeing the evidence and she could not confirm the handwriting.

Gerry Goldstein Tries to Prove Misconduct in Michael Morton Case Decades Later

As reported by the Austin American-Statesman on October 11th, 2011, Michael Morton has been released from prison after serving 25 years for a crime he did not commit, and his lawyers are looking to prove the prosecution botched the case.

Gerry Goldstein, one of Morton’s lawyers, is working to have a vigorous investigation into the wrongful conviction. Morton served 25 years in prison for the 1986 murder of his wife in Austin.

Defense attorneys are showing evidence was hidden from the case and leads that could have prevented to conviction were ignored. Court documents prepared by Morton’s legal team focused on four allegations of wrongdoing.

Learn more in the Austin American-Statesman article.