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.

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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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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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 -- 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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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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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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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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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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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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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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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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Rothgery v. Gillespie County -- Opinion of the United States Supreme Court
June 23, 2008

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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Because poverty is not a crime.

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