Alan Curry, Appellate Division Chief
The attorneys in the Appellate Division handle
all appeals of misdemeanor and felony convictions obtained by the other prosecutors of the
District Attorney’s Office. Appeals are taken under the following circumstances:
(1) after a defendant has been convicted or sentenced,
(2) before a defendant’s trial--in special, limited circumstances and
(3) the State may appeal in limited cases as well.
In all cases, except for those in which the defendant has received the death penalty,
appeals are first presented to the local courts of appeals. Appeals can also be
presented to Court of Criminal Appeals in Austin, and--in juvenile and asset forfeiture
cases--to the Supreme Court of Texas. Some appeals may also be reviewed by the
Supreme Court of the United States.
During the previous year, the Appellate Division opened approximately 950 new files,
and it is expected that this number will gradually increase each year.
Over 500 briefs, motions for rehearing, and petitions for discretionary review were
authored by the attorneys in the Division, and that number is expected to increase as
well. Of the cases that are reviewed on the merits by the local courts of appeals,
approximately 97 percent of the defendants' convictions are affirmed each year.
Non-Capital FAQ's; Capital FAQ's
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Scott Durfee, General Litigation Divsion Chief
The General Litigation Division has the following responsibilities:
(1) representation of the District Attorney and his staff in their individual capacities when they have been sued in state and federal courts for acts arising out the discharge of their duties,
(2) representation of the District Attorney and his staff in grievance proceedings before the State Bar of Texas,
(3) serving as custodian of records and public information officer for the District Attorney’s Office,
(4) supervising the expunction of records, civil and criminal discovery involving the District Attorney’s records and staff, records storage, retention, and destruction, and privacy issues arising therein,
(5) supervising the extradition of witnesses to other states and the service of process for local witnesses sought by other states,
(6) counseling the District Attorney on employment law matters, media relations, legislative matters, and ethics,
(7) prosecuting criminal contempt matters in Harris County.
In 2005, the General Litigation Division:
(1) represented the District Attorney in 514 original civil district court expunction proceedings,
(2) assisted 250 individuals in their efforts to correct the theft of their identities in the criminal justice system,
(3) successfully extradited over 500 criminal fugitives back to the states from which they fled.
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Roe Wilson, Writs Division Chief
The Postconviction Writ Division, consisting of
eight prosecutors, an investigator, three interns, and an administrative assistant, handles the habeas
liltigation of approximately 160 Harris County death penalty cases, approximately 1400 felony,
non-death habeas cases yearly, and all postconviction requests for DNA testing.
The division also serves as a resource for other Texas prosecutors.
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Carl Hobbs, Welfare Fraud Division Chief
The Welfare Fraud Division of the Harris County District Attorney’s office is
responsible for prosecuting violators of state and federal welfare programs, such as food stamps,
Medicaid, Temporary Assistance for Needy Families (TANF), social security, Housing and Urban Development,
and education benefits. The office files charges and presents indictments for a range of misdemeanor and
felony offenses; including theft, tampering with a government document, illegal use, and redemption of benefits.
The Welfare Fraud Division consists of one Assistant District Attorney, one administrative assistant,
and two interns. The staff covers 22 district courts, 15 misdemeanor courts, made approximately 1,200
appearances and recovered nearly $500,000 of the taxpayer’s money.
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Roger Haseman, Environmental Crimes Division Chief
Environmental Crimes prosecutes companies and individuals who pollute the Harris County environment. This small
unit is more active in Harris County than the state Environmental Quality Commission is for the entire state.
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