From Professor Jenks & the Criminal Justice Clinic
Between September 21-22, 2016, 3L Criminal Justice Clinic Student Attorney Nicole Herminghaus
, under the supervision of Dallas County Public Defender Christina Griffin and Adjunct Clinical Professor of Law Brook Busbee, represented a client charged with criminal trespass in a trial by jury in Dallas County Criminal Court. Of note, Herminghaus' client had been in pretrial detention on the criminal trespass allegation since July 22, 2016. Herminghaus assisted throughout the case and conducted the cross-examination of the arresting officer as part of a defense argument that the State could not and did not meet it's burden to prove the elements of criminal trespass beyond a reasonable doubt. The jury agreed, and found the client not guilty. As a result of the acquittal, Herminghaus filed a motion to expunge the client’s arrest.
On September 21, 2016, 3L Criminal Justice Student Attorney Ashlyn Scott
, under the supervision of adjunct clinical professor of law Brook Busbee, successfully obtained a dismissal on behalf of a client facing a theft charge in Dallas County Criminal Court. The day the case was set for trial, the assistant district attorney offered a plea bargain. Recognizing evidentiary issues which would likely preclude the State from presenting a prima facie case, Scott insisted on the client's right to trial. In response, the assistant district attorney agreed to dismiss the the charge.