Litigation Materials

TFDP represents poor people accused of criminal offenses in strategic litigation concerning the right to counsel, pretrial release, and criminal justice debt. TFPD also files amicus briefs in cases that will have a significant impact on the rights of indigent defendants.

Garces Robles, et al. v. Ramirez, et al.

TFDP sues Texas Counties and officials over the unlawful overdetention of four migrants, who were arrested under Operation Lone Star and then remained jailed for weeks after their cases were over and they were entitled to release. TFDP is co-counsel with the ACLU of Texas and Covington & Burling LLP.

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Carter v. Godinich

Complaint in Carter v. Godinich. TFDP filed a malpractice lawsuit against Harris County attorney Jerome Godinich on behalf of his former client, Michael Carter. Mr. Carter was held in jail for more than three years for a case that was ultimately dismissed. Over the course of more than three years, Mr. Godinich never visited Mr. Carter in jail, never filed a substantive motion, and never responded to Mr. Carter’s requests for information about his case.

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Texas Tribune v. Caldwell County

Complaint in Texas Tribune v. Caldwell County. TFDP and the Knight First Amendment Institute at Columbia University filed a lawsuit against Caldwell County for holding criminal proceedings in secret. Plaintiffs—Mano Amiga, Caldwell/Hays Examiner, and Texas Tribune—were denied access to magistration proceedings in Caldwell County in violation of the First and Fourteenth Amendments.

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Hughes v. Smith County

Complaint in Hughes v. Smith County, a class-action lawsuit against Smith County on behalf of all persons who were illegally detained in the Smith County Jail beyond their maximum sentences. TFDP is co-counsel with civil rights lawyer A. Dami Animashaun.

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ODonnell v. Harris County -- Memorandum and Opinion on Defendants' Motion to Dismiss

Opinion in ODonnell v. Harris County, a case filed against Harris County on behalf of all persons detained pretrial in the Harris County Jail solely because they cannot afford to pay money bail for alleged misdemeanor offenses. TFDP is co-counsel with Civil Rights Court and Susman Godfrey L.L.P.

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Rothgery v. Gillespie County -- Opinion of the United States Supreme Court

Opinion in Rothgery v. Gillespie County, in which the Supreme Court of the United States held that a criminal defendant's initial appearance before a judge marks the beginning of the proceedings against him and triggers the defendant's Sixth Amendment right to counsel whether or not a prosecutor is aware of or involved in that appearance.

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ODonnell v. Harris County -- Fifth Circuit Opinion
February 14, 2018

Fifth Circuit opinion in ODonnell v. Harris County, a case filed against Harris County on behalf of all persons detained pretrial in the Harris County Jail solely because they cannot afford to pay money bail for alleged misdemeanor offenses. TFDP is co-counsel with Civil Rights Corps and Susman Godfrey L.L.P.

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Daves v. Dallas County - Opinion Granting Preliminary Injunction
September 20, 2018

Opinion Granting Preliminary Injunction in Daves v. Dallas County, a case filed against Dallas County on behalf of all persons detained pretrial in the Dallas County jail solely because they cannot afford to pay money bail. TFDP is co-counsel with Civil Rights Corps, the ACLU (national), and the ACLU of Texas.

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Ex parte Manuel Torres -- Amicus Brief

Amicus Brief in Ex parte Manuel Torres, arguing that the petitioner's counsel failed to properly advise him of the immigration consequences of conviction.

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Heckman v. Williamson County -- Motion for Class Cert.

Motion for Class Certification in Heckman v. Williamson County, a case challenging Williamson's County unconstitutional failure to appoint counsel in misdemeanor cases.

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In Re Morgan - Application for Writ of Habeas Corpus

Application for writ of habeas corpus for a man incarcerated in Bastrop County Jail solely because he could not afford to pay for an attorney.

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Salinas v. Texas -- Amicus Brief

Brief of Amicus Curiae in Salinas v. Texas, a case in the Texas Court of Criminal Appeals challenging the Consolidated Court Cost as tax in violation of the Texas Constitution.

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Daves v. Dallas County -- Complaint
January 21, 2018

Complaint in Daves v. Dallas County, a case filed against Dallas County on behalf of all persons detained pretrial in the Dallas County jail solely because they cannot afford to pay money bail. TFDP is co-counsel with Civil Rights Corps, the ACLU (national), and the ACLU of Texas.

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ODonnell v. Harris County -- Memorandum and Opinion Granting Preliminary Injunction

Opinion granting preliminary injunction in ODonnell v. Harris County, a case filed against Harris County on behalf of all persons detained pretrial in the Harris County Jail solely because they cannot afford to pay money bail for alleged misdemeanor offenses. TFDP is co-counsel with Civil Rights Court and Susman Godfrey L.L.P

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Exhibit: Judge Fields and Judge Jordan Declarations

Exhibit in in ODonnell v. Harris County, a case filed against Harris County on behalf of all persons detained pretrial in the Harris County Jail solely because they cannot afford to pay money bail for alleged misdemeanor offenses. TFDP is co-counsel with Civil Rights Court and Susman Godfrey L.L.P.

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Heckman v. Williamson County -- Texas Supreme Court Opinion

Opinion in Heckman v. Williamson County, a case challenging Williamson's County unconstitutional failure to appoint counsel in misdemeanor cases.

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Gonzales v. City of Austin -- Complaint

Complaint in Gonzales v. City of Austin, a case filed on behalf of all people threatened with jail simply because they cannot afford to pay traffic ticket fines owed to the Austin Municipal Court.

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Because poverty is not a crime.

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