Gary Alan Udashen
Gary A. Udashen's law practice combines the book knowledge that comes with an active appellate practice with the trial skills of a seasoned trial attorney. Dividing his practice between these two areas has enabled Mr. Udashen to bridge what is often considered separate areas of criminal defense work.
Mr. Udashen is well known as a criminal appellate specialist. He has effectively represented clients in federal and state appellate courts, including the United States Supreme Court, the United States Court of Appeals for the Fifth Circuit and the Texas Court of Criminal Appeals. His appellate cases have made law in many areas of criminal jurisprudence ranging from bank fraud cases to suppression of exculpatory evidence by prosecutors.
Additionally, Mr. Udashen has over 25 years experience trying cases in both Federal and State courts. These cases include trials ranging from conspiracy to white collar fraud to murder and manslaughter. The intricate knowledge of the law that comes from his appellate practice is carried forward into the trial court where Mr. Udashen is able to effectively pursue complex and innovative defensive strategies. Mr. Udashen has also developed an expertise in various areas of criminal law, including search and seizure, evidence and federal sentencing procedures. A substantial portion of his practice has been devoted to the representation of professionals, such as lawyers and health care providers with substance abuse and related criminal problems. Mr. Udashen has also represented persons falsely imprisoned for crimes they did not commit and has obtained the release of several of these persons. He has also carried his desire to free innocent persons from prison into his work with the Innocence Project of Texas where he has worked as Dallas Director and is currently serving as President.
Mr. Udashen has also represented persons wrongfully imprisoned for crimes they did not commit and has obtained the release of several of these persons. Mr. Udashen's success on these cases has been the subject of widespread media attention.
http://www.dallasnews.com/video/?z=y&nvid=260124
Mr. Udashen frequently appears as a speaker at seminars sponsored by such groups as the State Bar of Texas, Dallas Bar Association and the Texas Criminal Defense Lawyers Association. He has spoken on a variety of topics, including pretrial motions, jury selection, contempt, expert testimony, exculpatory evidence, appeals and preservation of error. He is also a frequent contributor to the Voice for the Defense, the periodical of the Texas Criminal Defense Lawyers Association where his articles have covered a variety of topics, including search and seizure issues, jury selection, appellate review standards, and malpractice in criminal cases. Mr. Udashen also served for 5 years as Feature Articles Editor for the Voice for the Defense. Recently, Mr. Udashen was appointed by the Court of Criminal Appeals to serve as a member of the newly formed Texas Criminal Justice Integrity Unit.
Mr. Udashen has been selected as a Texas Super Lawyer by Texas Monthly Magazine in 2003, 2004, 2005, 2006, 2007, 2008 and 2009. Mr. Udashen has been continuously listed in the publication, Best Lawyers in America, in the areas of Appellate Law and White Collar Criminal Defense and Non-White Collar Criminal Defense. National Public Radio has described Mr. Udashen as one of the most prominent criminal attorneys in Texas.
Mr. Udashen has also been active at S.M.U. Law School. He has written portions of the Criminal Law Sections on the S.M.U. Law Journal Annual Survey of Texas Law on five different occasions. He also served as a trial tactics instructor at the S.M.U. Law School.
Mr. Udashen is a 1977 graduate of the University of Texas and 1980 graduate of the S.M.U. Law School where he was a member of the Southwestern Law Journal. He is a member of the National Association of Criminal Defense Lawyers, Texas Criminal Defense Lawyers Association, Dallas County Criminal Defense Lawyers Association as well as the Dallas Bar Association. He is a member of the Board of the Texas Criminal Defense Lawyers Association and has served as Chairman of the Appellate and Criminal Specialization Committees and co-chairman of the Attorney Assistance Strike Force. Mr. Udashen is also a former member of the Patrick Higginbotham Inns of Court. He is admitted to practice in all state and federal courts in the State of Texas, as well as the United States Supreme Court and United States Court of Appeals for the Fifth and Ninth Circuit. Mr. Udashen is Board Certified in Criminal Law by the Texas Board of Legal Specialization.
Areas of Practice
- 50% Criminal Trials
- 25% Criminal Appeals
- 25% Criminal Post-Conviction
Litigation Percentage
- 100% of Practice Devoted to Litigation
Certified Legal Specialties
- Criminal Law, Texas Board of Legal Specialization, 1985
Bar Admissions
- Texas, 1980
- U.S. District Court Northern District of Texas, 1980
- U.S. District Court Southern District of Texas, 1993
- U.S. District Court Western District of Texas, 1991
- U.S. District Court Eastern District of Texas, 1992
- U.S. District Court Eastern District of Arkansas, 2009
- U.S. Court of Appeals 5th Circuit, 1984
- U.S. Court of Appeals 9th Circuit, 2009
- U.S. Supreme Court, 1990
Education
- Southern Methodist University School of Law, Dallas, Texas
- J.D. - 1980
- Law Journal: Southwestern Law Journal, Member, 1979
- University of Texas, Austin, Texas
- B.S. (Cum Laude) - 1977
- Major: Education
Published Works
- Features Article Editor, Voice for the Defense, Publication of the Texas Criminal Defense Lawyers Association, Spring, 2000
- "Criminal Procedure: Confession, Search and Seizure", S.M.U. Law Review, Vol. 46, No. 4, Spring , 1993
- "Pre-Trial, Trial and Appeal" , 47 S.M.U. Law Review, Spring, 1994
- "Criminal Procedure Pretrial Trial and Appeals" , S.M.U. Law Review, Vol. 48, No. 4, Spring, 1995
- "Criminal Procedure, Pretrial, Trial and Appeal", S.M.U. Law Review, Vol. 51, No. 4, Spring , 1998
- "Criminal Procedure: Confession, Search and Seizure", Southwestern Law Journal, Vol. 45, No. 1, Summer , 1991
- "Texas Rules and Procedures on Appeals, Time Cuts and Aggravated Sentences", Offender Preparation and Education Network Information Series, 1987
- "Batson v. Kentucky: A Defense Perspective", Voice for the Defense, Summer, Vol. 17, No. 1, 1987
- "Greyhound Shakedown" , Voice for the Defense, Vol. 19 No. 11, September , 1990
- "Culpable Mental States in Result Type Offenses", Voice for the Defense, Vol. 20 (July), 1991
- "Felony DWI: A New Approach to an Old Problem", Voice for the Defense, Vol. 22, No. 6 (October), 1993
- "Exclusion of the Alphabet and Counting Tests in DWI Prosecutions under Pennsylvania v. Muniz", Voice for the Defense, Vol. 22, No. 7 (November), 1993
- "Malpractice in Criminal Cases", Voice for the Defense, Vol. 23. No. 5, (November), 1994
- "Factual Sufficiency Review After Clewis", Voice for the Defense, Vol. 26, No. 5, (June), 1995
- "Motion to Dismiss Indictment Based on Vindictive Prosecution", Voice for the Defense, Vol. 26, No. 10 (December), 1997
- "Private Attorney or Public Prosecutor: When Private Attorneys Take Over the Prosecution of a Criminal Case", Voice for the Defense, Vol. 31, No. 2 (March), 2002
- "The Law of Polygraph Evidence", Voice for the Defense, Vol. 32, No.8 (October), 2003
- "Freeing the Innocent: Actual Innocence and the Writ of Habeas Corpus", Voice for the Defense, Vol. 33, No. 10 (December), 2004
Classes/Seminars
- Instructor, Trial Tactics, S.M.U. School of Law, 1992
- "Pre-Trial Motions", Criminal Defense Lawyers Project Refresher Course, Corpus Christi, Texas, 1988
- "Pre-Trial Motions", San Antonio, Texas, 1988
- "Pre-Trial Motions", El Paso, Texas, 1989
- "Pre-Trial Motions", Corpus Christi, Texas, 1989
- "Pre-Trial Motions", State Bar of Texas Advanced Criminal Law Course, San Antonio, Texas, 1989
- "Pre-Trial Motions", Drug Law Seminar, Criminal Defense Lawyers Project, El Paso, 1990
- "Race Based Peremptory Challenges under Batson vs. Kentucky", Continuing Education Programs, 1991 - 1999
- "Pre-Trial Motions", Criminal Defense Lawyers Project Skills Course, Lubbock, 1991
- "Pre-Trial Motions", Criminal Defense Lawyers Project Skills Course, Lubbock, Tyler, 1991
- "Pre-Trial Motions", Criminal Defense Lawyers Project Skills Course, Dallas, 1991
- "Pre-Trial Motions", Criminal Defense Lawyers Project Skills Course, Corpus Christi, 1992
- "Pre-Trial Motions", Criminal Defense Lawyers Project Skills Course, Longview, 1992
- "Pre-Trial Motions", Criminal Defense Lawyers Project Skills Course, Houston, 1992 - 1999
- "Contempt" Criminal Defense Lawyer's Project, Criminal Skills Course, Beaumont, 1994
- "Opinion and Expert Testimony", Advanced Criminal Law Course, State Bar of Texas, 1994
- "Opinion and Expert Testimony", Advanced Criminal Law Course, State Bar of Texas, 1995
- "Exculpatory Evidence", Dallas County Criminal Bar Association Seminar, 1998
- "Current Issues In Criminal Law", Dallas Court of Appeals Seminar, 2000
- "Suppression of Exculpatory Evidence", Appellate and Post-Conviction Law Seminar, Dallas Bar Association, 2002
- "Exculpatory Evidence", Criminal Defense Lawyers Project: Evidence for the 21st Century Seminars, Midland, Texas, 2002
- "Exculpatory Evidence", Criminal Defense Lawyers Project: Evidence for the 21st Century Seminars, Laredo, Texas, 2003
- Lecturer, "Exculpatory Evidence", Criminal Defense Lawyers Project: Evidence for the 21st Century Seminars, Houston, Texas, 2003
- Lecturer, "Exculpatory Evidence", Criminal Defense Lawyers Project: Evidence for the 21st Century Seminars, Texarkana, Texas, 2003
- Lecturer, "Exculpatory Evidence", Criminal Defense Lawyers Project: Evidence for the 21st Century Seminars, South Padre Island, Texas, 2003
- "Polygraph Evidence in Criminal Cases", State Bar of Texas, Advanced Criminal Law Course, 2003
- "Search and Seizure", Criminal Defense Lawyers Project, Advocacy Training Seminar, Fort Worth, Texas, 2003
- Faculty Member and Speaker, Jury Instructions, Center for American and International Law, Advanced Program on Trial Advocacy in Criminal Cases, Plano, Texas, 2005 - 2008
- "Defense of Shaken Baby Cases", Dallas Bar Association, Criminal Law Section, 2006
- "Preservation of Error", Advanced Criminal Law Course, State Bar of Texas, 2006
- "Supreme Court Update", Conference on Criminal Appeals, University of Texas School of Law, Austin, Texas, 2007
- "Search and Seizure", Rusty Duncan Advanced Criminal Law Course, San Antonio, Texas, 2007
- "Search and Seizure", Dallas Bar Association, 2007
- Faculty Member, The Evidence Boot Camp, Center for American and International Law, February 28, 2008 - February 29, 2008
- "Basic Brief Writing", Rusty Duncan Advanced Criminal Law Course, San Antonio, Texas, 2008
- "Exculpatory Evidence in Criminal Cases", Collin County Criminal Defense Lawyers Association, 2008
- "Designating Issues", Writs Training Workshop for District Judges, Texas Center for the Judiciary in Dallas, Texas, 2009
- "Supreme Court Update", Conference on Criminal Appeals, University of Texas School of Law, Austin, Texas, 2009
- "Preservation of Error", Rusty Duncan Advanced Criminal Law Course, Texas Criminal Defense Lawyers Association, San Antonio, Texas, 2009
- "Applications for Writ of Habeas Corpus"; "New Horizons in Innocence", Texas Criminal Defense Lawyers Association, Forensics Seminar, Houston, 2009
- Texas Lawyer Magazine Podcasts as the Criminal Law Expert., The podcasts can be found at Texaslawyer.com
Honors and Awards
- Texas Super Lawyer by Texas Monthly Magazine, 2003
- Texas Super Lawyer by Texas Monthly Magazine, 2004
- Texas Super Lawyer by Texas Monthly Magazine, 2005
- Texas Super Lawyer by Texas Monthly Magazine, 2006
- Texas Super Lawyer by Texas Monthly Magazine, 2007
- Texas Super Lawyer by Texas Monthly Magazine, 2008
- Texas Super Lawyer by Texas Monthly Magazine, 2009
- Listed, Best Lawyers in America, 2007
- Listed, Best Lawyers in America, 2008
- Listed, Best Lawyers in America, 2009
- Listed, Best Lawyers in America, 2010
- Fellow, Dallas Bar Foundation
Professional Associations and Memberships
- State Bar of Texas, Criminal Law Section, Member
- Dallas Bar Association, Member
- Texas Criminal Defense Lawyers Association, Board of Directors, 2008 - 2010
- Texas Criminal Defense Lawyers Association, Chairman, Appellate Committee, 2007 - 2008
- Texas Criminal Defense Lawyers Association, Chairman, Legal Specialization Committee, 2008 - 2010
- Texas Criminal Defense Lawyers Association, Co-Chairman, Attorney Assistance Strike Force, 2009 - 2010
- National Association of Criminal Defense Lawyers, Member
- Dallas County Criminal Bar Association, Member
- Innocence Project of Texas, Board Member, Dallas Director, President, 2008 - 2010
- Texas Criminal Justice Integrity Unit, Member, Statewide Panel Studying Causes of Wrongful Convictions, 2008 - 2010
Pro Bono Activities
- Innocence Project of Texas, 2008 - 2010
Fraternities/Sororities
- Phi Delta Phi

