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JUDGE MANNY ALVAREZ

"I'm not sure if the alleged 'victim' in Sharif's case is using the state of Texas, county of Dallas, or if they are using her.  However it stands, this epic adventure is costing you taxpayers a fortune and if Sharif is convicted, the containment of another innocent man will continue to cost you for years to come. All I know is, if the performance of Judge Alvarez et al is an example of Texas style 'justice', you all better move somewhere else or begin to scrutinize your police, lawyers, prosecutors, and courts much more carefully before you all end up in jail or 'justice'-poor!"  Kay Lee

December 11, 2005

Attn: Dist. Judge Manny Alvarez

Criminal District Court No. 05
c/o Clerk of Court Jim Hamlin
133 North Industrial Blvd.
Frank Crowley Courthouse
Dallas, TX 75207

RE: State of Texas vs. Lakeith Amir-Sharif
Cause No: F05-25061

Judge Alvarez:

Please formally acknowledge that I am being held unlawfully on a felony stalking when the prerequisites of the law for such a charge are not a part of my case.

According to Texas laws, I should be charged with a "Class A" misdemeanor, if at all. My lawyer, (John H. Read II), knows this, the prosecutors know this and this letter shall serve as evidence that you also know.

Aside from my being innocent of this charge, I have "NEVER" previously been charged nor convicted of stalking anyone. I have ""NEVER"" previously been convicted of violating any valid protective order involving the alleged "victim" Cathy Jonette Hawkins.

I ask that upon this court's receipt of this correspondence you order the prosecution to produce proof that the felony stalking is the appropriate charge (Texas Penal Code Sec. 42.072 requires more than one incident where a person follows another in order to legally constitute the crime of "Felony Stalking")and, until that proof is presented, you take the liberty to ensure the letter of the law is followed and my case is reassigned to the misdemeanor court and my bond reflects this change.

Respectfully,
Lakeith Amir-Sharif
Dallas County Jail
Dallas, TX 75202-4729

LAS/

cc: Justice Watch Inc., M.T.W.T. Director Kay Lee; The Innocent Project Director Joyce Brown (Dallas); Commission on Judicial Conduct; (TX.) Criminal Justice Advisory Council (TX.); County Commissioner John Wiley Price; Texas Supreme Court Chief of Justice


More about Judge Manny D. Alvarez
Firm: State of Texas, Criminal District Court Number 5, Dallas County
 
Address: Frank Crowley Courts Bldg.
133 N. Industrial Blvd., 4th Floor
Dallas, TX 75207-4313
 
Phone: (214) 653-5942
Fax: (214) 653-5777
E-mail: Contact Us
Web site: http://www.dallascourts.com/forms/lstCrimDist.htm

March 21, 2006: This just in today on fox four news a man was released from jail after serving an 18year term.  His release was contingent upon the fact that he was found innocent.  Per Sharif this is the 3rd case this year concerning Judge Alvarez wrongfully convicting innocent people. 

DALLAS: WRONGLY CONVICTED MAN FREED
http://www.kdfwfox4.com/dynamic/story.asp?category=2

(DALLAS, March 21) -- After spending nearly half his life in prison, a man wrongly convicted of rape is now free, and yesterday, he walked out of a Dallas courtroom. 46-year-old Greg Wallis served 18 years of a 50-year sentence for rape. A DNA test revealed he did not commit the crime. Judge John Creuzot apologized to Wallis in court. District Judge Manny Alvarez prosecuted the case in 1989 and privately met with Wallis to apologize. The Dallas District Attorney's office released a statement, saying it will do everything in its power to see that Wallis gets a full pardon.

From the Dallas Bar Association Website at http://www.dallasbar.org/, here is the url for Manny Alvarez' and other judges' profile  http://www.dallasbar.org/judiciary/profilelinks.asp

Judicial Profiles
Judge Manny Alvarez
Criminal District Court No. 5
by Al Ellis

Judge Manny Alvarez   Criminal District Court No. 5   June 2000

As one approaches the Frank Crowley Courts Building, it is impossible not to be struck by the distance, symbolic or otherwise, to be traveled to obtain justice in the criminal system. Step by step, as one climbs the 40 steps to the front doors, you begin to notice more and more people as a mass of humanity, their lawyers, court personnel, and the judges enter the structure, all seeking a just and fair resolution of their problems.

Riding the escalators from the lobby to the fifth floor slowly takes us closer to Criminal District Court where Judge Manny Alvarez dispenses justice on a daily basis. Let’s take a peek at the proceedings on this particular morning.

A young 22-year old prisoner having just returned from the penitentiary pursuant to the "shock probation" program is receiving a stern but compassionate lecture from Judge Alvarez:

"The penitentiary was no fun, was it young man?" "No, sir. There was no sleep, no peace, and I was continually having to watch my back."

"Well, you’re about to go on probation, but I am going to hammer you if you do drugs while on probation. I won’t take any excuses. Do you have any questions?" "No, sir."

"You need to get a job as quickly as possible. I want you reporting here every Friday until you have found work. Do you understand? In addition, you need to get your G.E.D. I want you to report when you have obtained your G.E.D. Any questions?"

The young prisoner leaves, hopefully never to return for probation violation, for although Judge Alvarez’s judicial philosophy includes providing a second chance whenever possible, he will not hesitate to imprison those who refuse to take advantage of the opportunity.

Moving into Judge Alvarez’s office for the interview, we catch a glimpse of other sides of the judge’s personality. There we find an office with a few of the antique watches he collects and restores, a replica of the 1963 Thunderbird which he and a friend have restored to mint condition, several glass encased baseballs and boxing photographs demonstrating his interest in those sports, and a bright turquoise Elvis lamp. (Unfortunately he didn’t turn his back on your mild mannered reporter who would have been tempted to escape with the lamp.)

Also scattered throughout the office are several family photographs of his wife, Betty, and their 3-year old son, Nicholas "Nino" Alvarez. Judge Alvarez is fond of saying, "the apple does not fall far from the tree," which probably explains the work ethic that has served him well from his days growing up in Florida to the present where he not only serves as a Judge, but teaches evening classes on criminal justice at El Centro Community College.

Judge Alvarez’s father was a career employee for the Department of Revenue with the State of Florida, but was also a CPA who did tax work at night. His mother was a homemaker charged with raising him and his sister. At age 13, he had to obtain a special work permit to begin his first job as a stocker in a local shoe store. He rose from that position to manager of the shoe store. Then he entered the University of Florida and continued his work as a store manager while he obtained his education.

He moved to Houston to attend South Texas College of Law, while at the same time teaching math in the Houston Independent School District. Following his graduation from law school, he entered the practice of law, specializing in real estate and oil and gas.

The corporate practice of law was not what Judge Alvarez envisioned for his career as a lawyer. Having been inspired by his father to be a lawyer by spending his summers in a Florida courthouse watching criminal trials, he approached Henry Wade in 1985 and told him he wanted out of the corporate legal business to become a trial lawyer.

Taking a substantial reduction in pay, he worked his way through the District Attorney’s office, prosecuting every type of case imaginable. In 1989, he entered private practice as a criminal defense attorney where he remained until his appointment to the bench in 1995.

By becoming a judge, he was not only fulfilling a dream of his, but a dream of his father’s. The measure of this Criminal District Judge is best shown as he reflects on some of his experiences since taking the bench. His funniest case involved a man who violated probation by leaving Texas to gamble on a Mississippi riverboat. The probationer turned $15 into $175,000 in less than 30 minutes, becoming an instant celebrity and having himself photographed for posterity with all of his winnings!

Unfortunately, the probationer fell in love with a less than honorable waitress on the riverboat who promised to hold his money for him if he would take $1,000 and return to Texas to clear his criminal record. Well, you can imagine what happened.

The probationer returned to Dallas on a bus with his $1,000, the waitress filed criminal charges against him for harassment and he returned to Judge Alvarez’s court to be returned to the penitentiary with less than a $1,000 to his name.

The toughest cases for Judge Alvarez to preside over and manage were the infamous Michael Irvin cases and the American Airlines ticket scam case, along with the recent Dorsey trial regarding the famed Blockbuster murders, which resulted in a hung jury. The Dorsey case was particularly tough for Judge Alvarez as the murders were captured on videotape and the families of the two young men killed will be forced to watch the videotapes again when the case is retried.

Judge Alvarez’s hardest decision involved the sentencing of a 17-year old girl to the penitentiary for 10 years because of repeated drug use probation violations. This young lady was the daughter of two good parents who were professionals, yet she had fallen into a lifestyle of gangs and drugs and was unable to turn her life around in spite of having been given a second chance. As Judge Alvarez stated, his judicial philosophy is to make every attempt to be consistent and fair, to find people who deserve a second chance and give it to them, but to never hesitate to severely punish when warranted.

In addition to his work as a Judge, teaching at El Centro, being a dedicated husband to his wife Betty, and father to his son, Nino, Judge Alvarez has found time to involve himself in the community, especially in activities involving young people where he works trying to prevent them from ever entering the criminal justice system. Specifically, he is an active member of the Board of Directors of the Curtis Cokes Foundation, which provides young kids the opportunity to discipline themselves through amateur boxing and the Golden Gloves program. Judge Alvarez is not merely a board member in name, but actually works out in the Curtis Cokes gym and helps with training the participants.

In summary, perhaps the true profile of this energetic, dedicated judge is best revealed by those who he would invite to his fantasy dinner: his father, Abraham Lincoln, Francis Ford Coppola, Dizzy Dean, and his grandmother Rose.

Al Ellis, a past president of the Dallas Bar Association
and a member of the DBA's Publication Committee, is with Howie and Sweeney, L.L.C.

Copyright © 2000-2006 Dallas Bar Association

Onsite Search results for: Judge Manny Alvarez

1. AP SPORTS DESK | June 19, 1996 - August 20, 1998
Michael Irvin Drug Case Summary
AP - Indictments for cocaine and marijuana possession against Irvin and two women were thrown out last week when it was discovered that a member of the grand jury lived outside the county. Criminal District Court Judge MANNY ALVAREZ ruled on the defense motions. ...Judge Manny Alvarez, who is overseeing Dallas Cowboys football player Michael Irvin's probation, says Irvin accidentally cut Everett McIver's neck with scissors during playful tussle. Alvarez had threatened to send Irvin to prison if he violated terms of the four-year probation Alvarez gave him after the player pleaded no contest in 1996 to felony cocaine possession. But this incident provided no grounds, Alvarez said Wednesday..

2. Exclusive: Judge defends attorney-like actions  10/20/2005
After jurors in his court convicted Ms. Hurtado two weeks ago and sentenced her to eight years in prison, he told them they had made a mistake because the prosecution and defense failed to present necessary testimony. The defiant judge said Wednesday that he did nothing wrong by performing defense attorney-like research during trial and, after a jury convicted the defendant of child abuse, pledging to help her avoid prison. He said he would "fix it" by freeing the defendant without cash bail until he could arrange for a new trial and said the illegal immigrant might return to her native Mexico.

3.  The Daily Judge 10.17.2005

D.A. asks underlings to report on judge's behaviour. "Dallas County District Attorney Bill Hill is asking all of his prosecutors for information "about specific instances of misconduct or perceived misconduct" by embattled state District Judge Manny Alvarez. The request, made in an e-mail that was leaked to the judge, escalates a fierce battle over his support for a baby sitter whom a jury in his court recently convicted of child abuse. 'It's retaliation,' Judge Alvarez said Friday..." More (Dallas Morning News 10.22.2005). Earlier (Dallas Morning News 10.22.2005) ("A defiant judge [Manny Alvarez] said Wednesday that he did nothing wrong by performing defense attorney-like research during a recent trial and, after a jury convicted the defendant of child abuse, pledging to help her avoid prison. 'I did the work that I would have expected the defense attorney to do. I did more research [than the lawyer]...I don't apologize for that.").

Comment. In my 28+ years as an aide (law clerk and then deputy commissioner) at the Minnesota Supreme Court I prepared advisory memoranda on thousands of appeals, many of them criminal ones, and I always read the complete trial transcript, no matter how seemingly easy the case. Occasionally when one does that work, one comes upon issues the defense attorney arguably should have raised but didn't raise or, to give another example, comes upon facts suggesting ways of properly disposing of the case without reaching the issues raised. And in every case one must independently research the issues raised. To do less would have been to fail to give the judges (and indirectly the public) good weight. Whether the trial judge in question did something inappropriately beyond the normal and proper is something some believe merits further inquiry. Whether the D.A.'s e-mail solicitation was proper is also something that now may merit further inquiry. We express no opinion.

4.  Toby Shook: In the News May 26, 2000
Mr. Dorsey showed no emotion as the sentence was announced by state District Judge Manny Alvarez. The defendant told the judge he would appeal. Judge Alvarez noted the reference to the $60,000 after announcing the jury's verdict. He said he will hold a hearing next month on Mr. Dorsey's professed indigence before appointing any attorney to handle his appeals.

5. Dallas Observer March 23, 2006

State District Judge Manny Alvarez tried to bury the hatchet with reporters at recent gathering, and a final revelation dribbled out about the infamous Michael Irvin drug trial/circus. At the Philbin Awards luncheon two weeks ago, speaker Alvarez lamely pleaded that gag order-happy judges like himself can get along with reporters. "I think when all was said and done, the media was happy with the way I handled things," Alvarez told a room full of incredulous reporters and First Amendment lawyers. In Alvarez's defense, State District Judge John Creuzot, who initially slapped a gag order on the Irvin proceedings, stood to explain that the Irvin grand jury was so unnerved by the revelations being reported while they were deliberating that they asked him to "sweep" their chambers for illicit hidden microphones. "I had to pay for it--the county had to pay for it," the judge and former assistant district attorney said.

6. Concealed Carry Database 2003-11-05
I was called for Jury Duty in Dallas County recently. I had the priviildge of being called to the court of Judge Manny Alvarez in the 5th District Criminal Court. As I walked in for the Voir Dire, I noticed the standard silhouette target used in the Texas CCW qualifications taped to the wall behind the Judge's bench. The head portion was folded down behind the torso portion, but it was unmistakeable. It displayed a VERY nice tight center-mass grouping. Unfortunately, I did not have the opportunity to congratulate the Judge on his marksmanship.

7. 
Thanks to a helpful reader, I found this fascinating article from the Dallas Morning News which reports that "State District Judge Manny Alvarez dismissed a murder indictment against Marco Lopez, 16, saying the court lacked jurisdiction over the case because the teenager was transferred to the adult system without the blessing of a jury."  I know lawyers have previously claimed that Apprendi might impact judicial fact-finding required for a juvenile transfer to an adult court (where, typically, a much higher maximum sentence is available).  But I have not previously heard of a court actually extending Apprendi to such bindovers.  Indeed, the article states:

In his opposing motion, [Assistant DA] Rogers argued that defense attorneys in other states have unsuccessfully tried to use the same Supreme Court case to influence juvenile transfer cases.  "No other court in the United States has extended Apprendi to this level," Mr. Rogers said.

Interesting stuff, and an issue to follow as this one case is appealed and others are brought with similar claims: "Rogers said he will appeal the ruling [and attorneys involved] in the case said the ruling is likely to spur a flurry of similar motions."

JUDGE ALVAREZ says BILL HILL IS GETTING HEAT
http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/111205dnmethill.4d050bc7.html


DA Bill Hill's tenure was controversial: his handling of high-profile cases such as the 2001 fake drugs scandal and a long and fruitless investigation into jail commissary contracts were criticized. His tough, no-apologies manner alienated him from some judges and some members of the defense bar.

But from Mr. Hill, 63, there are no apologies. He said the decision to leave office was entirely his own and had nothing to do with the concerns about the election.

Recently, he feuded with District Judge Manny Alvarez over a ruling by the judge, and last month Mr. Hill sent a memo to his staff directing them to report to him any problems or concerns about Judge Alvarez's court.

Judge Alvarez said he believes Mr. Hill crossed the line and implemented a personal vendetta against him when he made a ruling last month with which Mr. Hill did not agree.

The judge, appointed by President Bush 11 years ago, said he also believes Mr. Hill encouraged a prosecutor to run against him in the Republican primary, and that angered Republican Party officials.

"If he's doing such a great job, then why's he quitting," Judge Alvarez said. "He's quitting because he's getting heat." ~ROBERT THARP / The Dallas Morning News November 11, 2005


2ND TIME AROUND

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