Overview | 37th Annual Rusty Duncan seminar | June 13-15, 2024

 

The Texas Criminal Defense Lawyers Association is proud to announce its 36th Annual Rusty Duncan Advanced Criminal Law Course. Named for the late Honorable M.P. “Rusty” Duncan III of the Court of Criminal Appeals, this course is designed to cover state law and scholarly topics as well as cases from the past year that impact your practice today.

Honorable M. P. “Rusty” Duncan III

Maurice Palmer “Rusty” Duncan III, Judge, Court of Criminal Appeals, was born on January 6, 1945, in Decatur, Texas, to Maurice Palmer Duncan Jr. and Alvorita Badger. He graduated from Jesse H. Jones High School in Houston in 1963 and attended Stephen F. Austin State University, where he received a BS in English in 1967. He received a master’s degree in English from the University of North Texas in 1980. While working on his degree, he was also an adjunct professor of English. He obtained his law degree from South Texas College of Law in 1971, and was a member of the Order of the Lytae, an honorary association recognizing students with outstanding academic achievement.

As an attorney, Duncan was a member of the American Academy of Forensic Sciences and served as chairman of the State Bar’s Committee on the Study of the Insanity Defense in Texas during 1982–83. He was also co-chairman of the State Bar’s Penal Code and Criminal Procedure Committee from 1982 to 1984, and was a member of the Senate Committee on the Development of a Criminal Code of Evidence during 1983–84. Duncan was an active criminal trial lawyer trying cases and a member of the Texas Criminal Defense Lawyers Association until he was elected to the Court of Criminal Appeals.

Duncan was also a faculty member for the New York University Forensic Symposium and was editor of Voice for the Defense, published by the Texas Criminal Defense Lawyers Association, from 1984 until he took the bench in 1987. In 1986, Duncan ran for the Texas Court of Criminal Appeals. He was the only candidate board certified as a criminal law expert. On November 4, 1986, he won his campaign and took his oath of office on January 1, 1987. While serving on the Court, Duncan also taught English at St. Edward’s University.

After serving only three years, Judge Duncan was killed in an automobile accident on February 28, 1990. He was driving to his father’s funeral. He was buried in the Texas State Cemetery.


Honorable Maurice Palmer “Rusty” Duncan III (1945–1990)

• Private Law Practice, Denton, Texas
• Board Certified in Criminal Law
• Chair, State Bar’s Committee on the Study of the Insanity Defense in Texas, 1982–1983;
• Co-Chair, State Bar's Penal Code and Criminal Procedure Committee from 1982–1984;
• Member, Senate Committee on Development of a Criminal Code of Evidence, 1983 –1984;
• Editor, Voice for the Defense, 1984–1987;
• Judge, Texas Court of Criminal Appeals, 1987–1990.

Noteworthy Opinions: Meraz v. State, 785 S.W.2d 146 (Tex.Crim.App. 1990) (factual sufficiency review of affirmative defenses); Ladner v. State, 780 S.W.2d 247 (Tex.Crim.App. 1989) (Penal Code requirement that officers knew their conduct was unlawful at time offense was perpetrated was not rendered superfluous by legislative enactment); Harris v. State, 790 S.W.2d 568 (Tex.Crim.App. 1989) (setting forth guidelines for harmless error review)