Gary A. Udashen

Gary A. Udashen has been selected as Lawyer of the Year by his work in Criminal Defense: General Practice in Dallas/Fort Worth by the Publication “The Best Lawyers in America.”  He has also been recognized in the publication for his work in Appellate Practice, Criminal Defense: General Practice and Criminal Defense:  White-Collar.

Gary A. Udashen spoke at the Advanced Criminal Law Course sponsored by the State Bar of Texas in Dallas on July 22, 2019, on the topic of Ineffective Assistance of Counsel and on July 24, 2019, on the topic of Actual Innocence in the 21^st Century:  A Herculean, But Not Impossible Task.    

Gary A. Udashen spoke at the Innocence seminar sponsored by the Center for American and International Law on February 26, 2019 on the topic of “Legal Issues in Texas Innocence Cases.”

Gary A. Udashen spoke at the Post-Conviction and Parole Seminar sponsored by the Texas Criminal Defense Lawyers Association on October 25, 2018, in Austin, Texas on the topic of State Writs.

Gary A. Udashen spoke at the seminar, Actual Innocence: Establishing Innocence or Guilt, sponsored by the Center for American and International Law in Plano on August 29, 2018, on the topic of Legal Issues in Texas innocence cases.

Gary A. Udashen spoke at the Texas Criminal Defense Lawyers Association seminar, “Handling the Big Issues in Aggravated Cases,” on the topic of Forensic Science Updates in Austin, Texas, on September 13, 2018.  

Gary A. Udashen has been listed in the 2019 Edition of Best Lawyers in America in the areas of Appellate Practice, Criminal Defense: General Practice and Criminal Defense: White-Collar.

Gary A. Udashen was co-course director for the Innocence for Lawyers seminar on August 2-3, 2018, in Austin, sponsored by the Innocence Project of Texas and the Texas Criminal Defense Lawyers Association.  Udashen also spoke on the topic of Legal Issues in Texas Innocence Cases. Bruce Anton also spoke at the seminar on the topic of Ineffective Assistance of Counsel.

Gary A. Udashen spoke at the State Bar of Texas Advanced Criminal Law Course in San Antonio on July 25, 2018, on the topic of Ineffective Assistance of Counsel.

Gary A. Udashen spoke at the Robert O. Dawson Conference on Criminal Appeals sponsored by the University of Texas Law School in Austin on May 3, 2018, on the topic of Actual Innocence Claims and 11.073 Writs.

Gary A. Udashen spoke at the Establishing Innocence or Guilt:  The Reliability of Convictions sponsored by the Center for American and International Law in Plano, Texas on April 10, 2018 on Legal Issues in Texas Innocence Cases.

Gary A. Udashen spoke at Handling Your First Wrongful Conviction Case seminar sponsored by the State Bar of Texas on December 7, 2017, on “Actual Innocence Claims”.

Gary A. Udashen spoke at the Habeas Issues Seminar at the Center for American and International Law in Plano on August 31, 2017, on the topic of Best Practices in Habeas Cases.

Gary A. Udashen spoke at the Annual Program on Establishing Innocence or Guilt at the Center for American and International Law in Plano on August 30, 2017 on the topic of Legal Issues in Texas Innocence Cases.

Gary A. Udashen was the course director for the Actual Innocence For Lawyers Seminar, sponsored by the Innocence Project of Texas and the Texas Criminal Defense Lawyers Association on August 10-11, 2017 in Austin.  Gary A. Udashen also spoke on “Legal Issues Related to Innocence Cases.”  Bruce Anton spoke on “Ineffective Assistance of Counsel” and Robert N. Udashen spoke on “False Confessions.”

Gary A. Udashen spoke at the State Bar Advanced Criminal Law Course in Houston on July 17, 2017, on “Ineffective Assistance of Counsel".

Gary A. Udashen spoke at the 2017 Criminal Appeals Conference sponsored by the University of Texas Law School in Austin on May 11, 2017, on False Evidence, Actual Innocence and 11.073 Writs.

Gary A. Udashen spoke at the State Bar of Texas Criminal Writs Course on the topic of Innocence Writs on December 2, 2016 in Austin.

Gary Udashen spoke at the Establishing Innocence or Guilt Program at the Center for American and International Law in Plano, Texas, on August 29-30, 2016, on the topic of Legal Issues in Texas Innocence Cases.

Gary A. Udashen spoke at the Post-Conviction Seminar sponsored by the Texas Criminal Defense Lawyers Association in Austin, Texas on August 18, 2016 on the topic of State Applications for Writ of Habeas Corpus.

Gary Udashen was the co-course director for the seminar, "Innocence for Lawyers" sponsored by the Texas Criminal Defense Lawyers Association and The Innocence Project of Texas on August 4-5, 2016 in Austin, Texas. Robert Udashen spoke at the seminar on False Confessions and Bruce Anton spoke on Ineffective Assistance of Counsel.

Gary A. Udashen spoke at the Texas State Bar Advanced Criminal Law Course in Dallas on July 20, 2016 on the topic of Suppression of Exculpatory Evidence.

Gary Udashen spoke at the 29th Annual Rusty Duncan Advanced Criminal Law Course sponsored by the Texas Criminal Defense Lawyers Association on June 17, 2016, on the topic of "Update on Legal Issues Related to Forensic Science."

Gary A. Udashen was a faculty member at the National Innocence Network Conference in San Antonio, Texas on April 8-9, 2016.  Mr. Udashen moderated a panel discussion on Conviction Integrity Units in Texas District Attorney's Offices and participated in a panel entitled, "As Texas Goes . . . Tools to Fight Wrongful Convictions From the Lone Star State."

Gary A. Udashen was co-course director for the seminar, "Actual Innocence: Causes and Solutions to Wrongful Convictions," held at the Center for American and International Law in Plano, Texas on February 17-19, 2016. Udashen also spoke on the topic of "Legal Issues in Texas Innocence Cases."

Gary A. Udashen was featured in a story on NBC 5 News on January 5, 2016, concerning innocence project cases in Texas.  You can see it here.

Gary A. Udashen spoke to the Austin Criminal Defense Lawyers Association on October 9, 2015 on the topic of Legal Issues in Texas Innocence Cases.

Gary A. Udashen was a faculty member for the Establishing Innocence or Guilt seminar at the Center for American and International Law in Plano, Texas on August 19-20, 2015.  He also spoke on Legal Issues in Texas Innocence Cases.

Gary A. Udashen was the course director for the Innocence 101 Seminar sponsored by the Texas Criminal Defense Lawyers Association and the Innocence Project of Texas in Austin on August 6-7, 2015.  Gary A. Udashen also spoke on New Science.  Robert Udashen spoke at this seminar on Confessions and Bruce Anton spoke on Innocence Writs.

Gary A. Udashen was the Course Director for the State Bar of Texas Advanced Criminal Law Course held from July 27-30, 2015 in San Antonio.

Gary A. Udashen was a faculty member for the Actual Innocence; On The Road seminars sponsored by the Center for American and International Law in Austin and Houston May 4^th and 5^th, 2015. Mr. Udashen spoke on Legal Issues in Texas Innocence Cases.

Gary A. Udashen was featured in the 2014 Edition of  Super Lawyers Magazine Pro Bono (published by Thomson Reuters) as a recipient of the magazine's 2014 Pro Bono award.

Gary A. Udashen was on the planning committee for the seminar, "Establishing Innocence or Guilt, Causes of and Solutions to Wrongful Convictions," sponsored by the Center for American and International Law on February 18-20, 2015, in Plano, Texas.  Mr. Udashen also spoke at the seminar on Applications for Writs of Habeas Corpus and led a panel discussion on Preventing Wrongful Convictions.

Gary A. Udashen was featured on the Texas Lawyer podcast discussing the recent indictment of Texas Governor Rick Perry. Read here

Gary A. Udashen was the co-course director for the Annual Innocence for Lawyers Seminar, co-sponsored by the Innocence Project of Texas and the Texas Criminal Defense Lawyers Association, held in Austin, Texas, on August 7-8, 2014.  Gary Udashen also presented an Update  on the Caselaw on Scientific Evidence. Robert Udashen spoke on False Confessions and Bruce Anton spoke on Writs of Habeas Corpus in Innocence Cases.

Gary A. Udashen spoke at the seminar Actual Innocence, Establishing Innocence or Guilt, "On the Road Program," sponsored by the Center for American and International Law in Austin and Houston on May 7-8, 2014, on the topics of Suppression of Exculpatory Evidence and New Innocence Legislation.

Gary A. Udashen served as co-course director for a seminar entitled, "Actual Innocence: Establishing Innocence or Guilt: Causes of and Solutions to Wrongful Convictions," held at the Center for American and International Law in Plano, Texas on February 26-28, 2014. He also spoke on the following topics: Suppression of Exculpatory Evidence and Applications for Writs of Habeas Corpus.

Gary A. Udashen spoke at the State Bar of Texas "Sex, Drugs and Surveillance" Seminar in Houston, Texas on January 9-10, 2014 on the topic of "Cleaning Up the Scientific Junkyard."  Bruce Anton spoke at the same seminar on "The Use of Psychological Evaluations and Testing," and Katherine Reed spoke at the seminar on "Drug Testing and Blood Draws."

Gary Udashen was featured in the Dallas Observer article, "Burning Injustice" concerning his representation of Sonia Cacy on an Application for Writ of Habeas Corpus alleging that Cacy is innocent.

Gary A. Udashen was course director for the Freeing The Innocent in Texas: Cutting Edge of Theory and Practice Seminar in Austin, Texas on August 8-9, 2013, sponsored by the Texas Criminal Defense Lawyers Association. Gary Udashen also spoke at the seminar on Junk Science - The Law. Robert Udashen spoke on Anatomy of a Texas False Confession Case and Bruce Anton spoke on Ineffective Assistance of Counsel.

Gary A. Udashen spoke at the State Bar of Texas Advanced Criminal Law Course in Dallas, Texas, on July 22, 2013, on the topic of Legal Standards for Forensic Evidence.

Gary Udashen spoke at the Center for American and International Law Actual Innocence Seminar in Plano, Texas, on March 1, 2013, on the topic of Legislative Update and  Suppression of Exculpatory Evidence.

Gary Udashen spoke at the Texas Criminal Defense Lawyers Association Post-conviction Seminar in Houston, Texas, on January 17, 2013, on the topic of Writs of Habeas Corpus.

Gary Udashen was the co-course director for the Sex, Drugs & Surveillance Seminar sponsored by the State Bar of Texas in Houston on January 10-11, 2013. Gary Udashen also spoke at the seminar on the topic of Caselaw Update on Scientific Evidence.

Gary A. Udashen participated as a faculty member at the Habeas Issues Seminar sponsored by the Center for American and International Law in Plano, Texas, on August 22, 2012.

Gary A. Udashen spoke at the Actual Innocence Seminar sponsored by the Center for American and International Law in Plano, Texas, on August 20-21, 2012, on the topic of Legal Standards for Forensic Evidence. Gary A. Udashen also participated in panel discussions on Brady Requirements and Actual Innocence and Ineffective Assistance of Counsel.

Gary A. Udashen was the co-course director for the Seminar, Innocence Work for the Real Lawyer: How To Get Innocent Clients Out Of Prison, sponsored by the Texas Criminal Defense Lawyers Association on August 2-3, 2012, in Austin, Texas. Gary A. Udashen also spoke on "Junk Science: The Law". Robert Udashen spoke at the seminar on "Anatomy of a Texas False Confession Case" and Bruce Anton spoke on "Innocence Writs". Updates On Legal Standards, False Confessions, Applications for Writs of Habeas Corpus.

Gary A. Udashen spoke at the State Bar of Texas Advanced Criminal Law Course on July 23, 2012, in San Antonio, Texas, on the topic of Brady and Exculpatory Evidence.  Supression of Exculpatory Evidence.

Gary A. Udashen spoke at the 25th Annual Rusty Duncan Advanced Criminal Law Course on Suppression of Exculpatory Evidence on June 7, 2012, in San Antonio, Texas.

Gary A. Udashen spoke at the 2012 Texas Forensic Science Seminar sponsored by the Texas Criminal Justice Integrity Unit and the Texas Forensic Science Commission in Austin, Texas, on June 4, 2012, concerning "Update on Legal Standards for Forensic Evidence, Update on Legal Standards."

Gary Udashen spoke at the 2012 Criminal Justice Conference sponsored by the Texas Center for the Judiciary on May 8, 2012, in Dallas, Texas on Eyewitness Identification: Recent Case Law and Trends.

Robert Udashen and Gary Udashen were featured in an article in the Dallas Observer on wrongful convictions entitled, "Beyond DNA, Difficult Tests For the Justice System."

Gary Udashen spoke at the 4th Annual Jolly Roger Hal Jackson Memorial Criminal Law Seminar in Denton, Texas, on December 9, 2011, on the topic of "Innocence."

Gary Udashen spoke at th State Bar of Texas Seminar, "The Role of Forensic Evidence," on December 2, 2011, in Dallas, Texas, on the topic of "Post-Conviction DNA and Actual Innocence."

Gary Udashen spoke at the 2011 Annual Judicial Education Conference sponsored by the Texas Center for the Judiciary on September 21, 2011, in Dallas, Texas, on the topic of "Criminal Law Update."

Gary Udashen was a Faculty Member at the Habeas Issues and Actual Innocence Seminar sponsored by the Center for American and International Law on August 26, 2011, in Plano, Texas.

Gary Udashen spoke at the Actual Innocence Seminar sponsored by the Center for American and International Law on August 25, 2011, in Plano, Texas, on the topic of "Texas Legislative Update."

Gary Udashen was co-course director for the "Innocence Work For Lawyers" Seminar sponsored by the Texas Criminal Defense Lawyers Association on August 12, 2011, in Austin, Texas.  Gary Udashen also spoke at this seminar on "Eyewitness Identification."

Gary Udashen spoke at the Rusty Duncan Advanced Criminal Law Course sponsored by the Texas Criminal Defense Lawyers Association in San Antonio, Texas, on June 9-11, 2011, on the topic of "Applications for Writs of Habeas Corpus."

Gary A. Udashen spoke at the University of Texas Law School Conference on Criminal Appeals in Austin, on May 18, 2011, on "New and Pending Legislation."

Gary A. Udashen spoke to the Dallas Bar Association Criminal Law Section on April 28, 2011, on Suppression of Exculpatory Evidence.

Gary A. Udashen was the moderator for a program at the Dallas Bar Association on April 20, 2011, entitled "Wrongful Convictions:  Causes and Solutions."

Gary Udashen was co-course director of the Dallas Bar Association Criminal Appears and Post-Conviction Writs Seminar on March 18, 2011. Bruce Anton spoke on Preservation of Error on Appeal and Robert Udashen spoke on the Nuts and Bolts of an Appeal.

Gary Udashen spoke at the Post-Conviction Seminar sponsored by the Texas Criminal Defense Lawyers Association in Houston, Texas, on Applications for Writs of Habeas Corpus on February 4, 2011. Read More.

Gary A. Udashen and Bruce Anton are featured in the Texas Lawyer Magazine Podcasts as the Criminal Law Experts. The podcasts can be found at Texaslawyer.com and concern:

1. Actual Innocence in Criminal Cases
2. The Use of Polygraphs in Criminal Cases
3. Georgia v. Randolph and Warrantless Searches
4. Sentencing Departures in the Post-Booker Era
5. Kansas v. Marsh and the Presumption of Death
6. Restrictions on Cross-Examination of Prosecution Witnesses
7. The Supreme Court's Dilemma in Addressing Lethal Injection
8. Fixing the Problems of Eyewitness Identification
9. Collateral Consequences of Criminal Convictions
10. Understanding the Law Governing Ineffective Assistance of Counsel
11. The Insanity Defense in Texas
12. Allegations of Attorney Malpractice in Criminal Cases
13. Deportation and Criminal Convictions
14. A Criminal Defense Lawyer's Duties Regarding the Immigration Consequences of a Criminal Conviction

Gary A. Udashen spoke at the Oklahoma Criminal Defense Lawyers Association Annual Meeting in Tulsa, Oklahoma, on November 18, 2010, on the topic of Investigating Innocence Cases.

Gary A. Udashen spoke at the Texas Criminal Defense Lawyers Association Forensic Seminar in Dallas on October 14, 2010, on the topic of Applications for Writ of Habeas Corpus.

Gary A. Udashen spoke on August 25, 2010, at the Actual Innocence seminar sponsored by the Center for American and International Law in Plano, Texas, on the topic of Applications for Writs of Habeas Corpus.  He also participated in a panel discussion on Expert Witnesses.

Gary A. Udashen spoke at the State Bar Advanced Criminal Law Course on July 27, 2010, in San Antonio, on the topic of Actual Innocence.

Gary A. Udashen spoke to the Dallas Bar Association Criminal Law Section on July 22, 2010, on the topic of Eyewitness Testimony.

Gary A. Udashen spoke at the Rusty Duncan Advanced Criminal Law Course on June 4, 2010, in San Antonio, on Protecting the Record.

Gary A. Udashen spoke at the Texas Criminal Defense Lawyers Association, Forensics Seminar in Houston, Texas on October 22-23, 2009, on Application for Writs of Habeas Corpus and New Horizons in Innocence.

Gary A. Udashen spoke at the 2009 Advanced Criminal Law Course sponsored by the State Bar of Texas in Dallas on July 20, 2009, on the topic of "Supreme Court Update."

Gary Udashen spoke at the Rusty Duncan Advanced Criminal Law Course in San Antonio, Texas, on June 5, 2009 on Preservation of Error.

Gary Udashen spoke at the Writs Training Workshop for District Judges sponsored by the Texas Center for the Judiciary in Dallas, Texas, on May 18, 2009, on Designating Issues.

Gary Udashen spoke at the 2009 Robert O. Dawson Conference on Criminal Appeals presented by the University of Texas School of Law in Austin, Texas, April 29 - May 1, 2009, on Supreme Court Update.

Gary A. Udashen spoke on November 6, 2008, to the Collin County Criminal Defense Lawyers Association on the topic of Exculpatory Evidence in Criminal Cases.

Dallas Morning News, The (TX) July 4, 2008 Edition: SOUTH Section: METRO Page: 1B 'I believe again' Wrongly convicted man walks out of prison after 16 years Author: JENNIFER EMILY; Staff Writer jemily@dallasnews.com Article Text: On Thursday, Patrick Waller said he regained his faith in the criminal justice system. He lost it 16 years ago when a jury wrongly convicted him in a case that included kidnapping, robbery and rape. "Right now, I believe again," he said just after a judge released him and he became the 18th inmate from Dallas County cleared by DNA testing. "I feel vindicated." When Judge Don Adams announced Mr. Waller was "free to go," Mr. Waller jumped from his chair and raised both fists in the air in victory. Mr. Waller, now 38, then turned and held his mother in a bear hug. They had embraced many times during her visits to prison. But this was the first time since 1992 that he hugged her as a free man. He wept, and his mother clung to him. "Honey, it's all right. It's over," his mother, Patricia Cunningham told him. "It's going to be all right now." She wiped away his tears with a crumpled tissue. "We're going home," she said. "It's OK, baby." Before leaving the courtroom, he used a cellphone for the first time to call his aunt and niece in North Carolina to share the news. "I'm free," he told them. Mr. Waller was cleared of crimes in which two men in March 1992 abducted a couple at gunpoint in the West End, forced them to withdraw money from an ATM and took them to an abandoned house in Oak Cliff. The woman was raped. Another couple who pulled up in front of the house was also abducted. The men attempted to rape a second woman but were scared off by a Dallas schools security guard who drove by. Mr. Waller was later incorrectly identified in police lineups as one of the attackers. A jury convicted Mr. Waller of aggravated robbery in December 1992 and sentenced him to life in prison. Mr. Waller then pleaded guilty to two aggravated kidnapping charges in exchange for dual, 30-year prison terms. He thought jury trials would lead to even longer sentences. Mr. Waller is free on a personal recognizance bond. The Texas Court of Criminal Appeals must still approve his release. Dallas County has more inmates cleared by DNA than any other county in the nation since 2001 when the state Legislature approved post-conviction DNA testing. Unlike other jurisdictions, Dallas County has preserved most of its evidence. In April 2001, Mr. Waller was one of the first inmates from the county to request testing. But he was twice denied post-conviction DNA tests - in 2001 and 2005 - under previous District Attorney Bill Hill. Only after Craig Watkins succeeded Mr. Hill and began the conviction integrity unit did Mr. Waller get his test. The test showed that the DNA did not match Mr. Waller but because there were two men tied to the crimes, he was not automatically cleared. Then, the DNA matched a convicted criminal in a state database. That man confessed to the crime and pointed out his accomplice, who also confessed. Both men told a grand jury - under penalty of perjury - that they and not Mr. Waller were responsible. The statute of limitations has expired, so neither man can be prosecuted. Had the DNA test been granted under Mr. Hill, who has not returned calls seeking comment, the DNA test may have been used to keep one of the true perpetrators from gaining parole on a home invasion case. He served only 15 of 45 years. Dallas County prosecutor Mike Ware, who oversees the conviction integrity unit and approved the DNA test, said agreeing to the test was an easy decision. "Why wouldn't I?" said Mr. Ware. "I believed that we can learn important facts about what happened with this case with a DNA test. I had no idea how it would turn out." If not for the DNA test, said Mr. Waller's attorney, Gary Udashen, "he probably would have spent the rest of his life in prison." * SEE PATRICK WALLER shout in joy at his newfound freedom. dallasnews.com/video Caption: PHOTO(S): (1-2. JIM MAHONEY/Staff Photographer) 1. Patrick Waller, wrongly convicted in a 1992 kidnapping, robbery and rape, reveled Thursday in the judge's announcement that he was "free to go." He was joined by attorney Gary Udashen (left) and John Stickels of the Innocence Project of Texas. 2. "We're going home," Patricia Cunningham told son Patrick Waller in the courtroom on Thursday after he was released. His mother wiped his tears as he wept. CHART(S): DigitalEXTRA Copyright 2008 The Dallas Morning News Record Number: 1181065778

Gary Udashen spoke at the 21st Annual Rusty Duncan Advanced Criminal Law Course sponsored by the Texas Criminal Defense Lawyers Association in San Antonio, Texas on June 27, 2008 on Basic Brief Writing.

Gary A. Udashen was a faculty member for the Evidence Boot Camp, February 28-29, 2008, sponsored by the Center for American and International Law and the Texas Criminal Defense Lawyers Association.

Gary A. Udashen spoke on October 25, 2007, at the Joint Criminal Law seminar of the Dallas Bar Association and the Texas Criminal Defense Lawyers Association on the topic of Search and Seizure.

DALLAS - When a iudge told Patrick Waller he was a free man after being wrongly convictedand imprisoned for more than 15 years, the former inmate raised both arms skyward and then collapsed into his mother's embrace.

His sobs were the only sound in an otherwise silent court room Thursday.

"lt's all right, honey," Patricia cunningham told her son. "lt's over. You're out of here. You're going home."

Waller, behind bars since late 1992 for aggravated robbery and aggravated kidnapping stemming from the abduction of a Dallas couple, was proven innocent by DNA testing late last year and released Thursday. The court hearing that freed him lasted less than five minutes.

"I feel vindicated,"s aid Waller, 38. "1 feel thankful. Most of all, I feel blessed."

His release had been all but certain since last week, when the Dallas County District Attorney's office announced that DNA evidence had cleared Waller and matched the profile of another man. That suspect identified his accomplice, and both men subsequently confessed in front of a grand jury, prosecutors said. Neither man is in prison, and they won't face criminal charges because the statute of limitations has expired.

The first suspect, tied to the crime by DNA evidence, remains on parole for another 29 years, assistant district attorney Mike Ware said Warie hasi notif ied the Board of Pardons and Paroles, which he said will consider the case should they ever have reason to revoke the man's parole.

Waller becomes the 19th man in Dallas County since 2001 shown by DNA evidence to be innocent of the crime for which he was convicted. That's more than any county in the nation, according to The lnnocence Project in New York, a legal center specializing in wrongful conviction cases.

Lining the back wall of the crowded courtroom were four fellow exonorees who collectively served nearly 100 years of hard time. The men freed by DNA testing in Dallas County have made a habit of showing up in court for exoneration hearings, and on Thursday they presented Waller with a prepaid cell phone as a gift.

Their exoneration stories helped Waller during his incarceration.

"All these guys I just met, I have all their clippings," Waller said. "It always gave me hope that one day it would be my turn."

Waller said he plans to ask the other exonorees about the challenges of rejoining society. He is also about 20 credit hours short of a degree. John Stickels, an lnnocence Project of Texas board member and a professor at the University of Texas at Arlington, said he wants to help Waller enroll at the suburban Dallas school.

Wallets ordeal began in 1992, when two men abducted a couple at gunpoint and made them drive to an ATM, where they stole several hundred dollars. The men then made the couple drive to an abandoned house, where the woman was sexually assaulted, prosecutors said.

Another couple drove up to the scene and were also held up at gunpoint. Before they could be harmed, a security guard arrived and scared off the men, who fled in separate cars.

Three of the four people abducted identified Waller in a photo array shown to them by police. The fourth did not identify Waller in a photo but later picked him out of a live lineup, said Ware, who heads the Conviction Integrity Unit that examines old cases.

Waller maintained his innocence and presented an alibi at trial, but was convicted of aggravated robbery and sentenced to life in prison. He also pleaded guilty to h o charges of aggravated kidnapping, fearing more life sentences if he were convicted, said his lawyer, Gary Udashen.

In 2001, Waller requested post-conviction DNA testing under a new state law. The DA's office, then under different leadership , opposed the request and it was denied by a judge. A second attempt in 2005 was also unsuccessful.

"Frankly it didn't make any sense to me," Udashen said. "There was never any legitimate reason not to give him a DNA test."

Bill Hill, who was the DA when Waller requested his DNA tests, did not return a message from The Associated Press.

Waller's 2007 request, which came after new DA Craig Watkins had taken office, was granted. Watkins has started a program in which law students, supervised by the Innocence Project of Texas, review old cases in which inmates have requested DNA testing.

In Waller's case, DNA testing was paid for by the Innocence Project of Texas.

Waller said he regained his faith in the justice system when Watkins reopened the case.

"If it wasn't for Craig Watkins ... he probably would have spent the rest of his life in prison," Udashen said.

Gary A. Udashen spoke at the Rusty Duncan Advanced Criminal Law Course sponsored by the Texas Criminal Defense Lawyers Association in San Antonio on June 7, 2007 on the topic of Search and Seizure.

Gary Udashen spoke at the Robert O. Dawson Conference on Criminal Appeals sponsored by the University of Texas Law School in Austin on May 9, 2007, on the topic of Recent Supreme Court cases.

In May 2007 Gary Udashen was appointed as chairman of the Appellate Practice Committee of the Texas Criminal Defense Lawyers Association.

Gary A. Udashen was featured on the National Public Radio Program Morning Edition in a story concerning the release of innocent persons from prison on February 23, 2007. View story here.

Gary A. Udashen was the course director for the Dallas County Criminal Defense Lawyers Association Holiday Seminar on December 14, 2006 and he also spoke on the topic of Suppression of Exculpatory Evidence.

Gary A. Udashen spoke at the State Bar of Texas Advanced Criminal Law Course in Dallas on July 24, 2006 on Preservation of Error in Criminal Trials.

Gary A. Udashen is a member of the Planning Committee for the State Bar of Texas 2006 Advanced Criminal Law Course and is scheduled to speak on Preservation of Error.

Gary A. Udashen spoke to a joint meeting of the Dallas Bar Association Criminal Law Section and the Dallas Criminal Defense Lawyers Association on January 19, 2006 on the prosecution and defense of "Shaken Baby Syndrome" cases.

Gary A. Udashen was a panel member at the Dallas Bar Association In-Town Bench Bar Conference in Dallas on November 11, 2005 on the topic of "Judicial Elections: What Practicing Lawyers Need to Know."

Gary A. Udashen and Charles Patrick Reynolds wrote an article for the August 29, 2005, edition of Texas Lawyer summarizing cases from the most recent term of the Texas Court of Criminal Appeals.

Gary A. Udashen spoke to the Dallas Bar Association Tort and Insurance Law Section on Fifth Amendment Right Against Self-Incrimination in Civil Cases on August 25, 2005.

Gary Udashen spoke at the University of Texas Law School Conference on Criminal Appeals in Austin, Texas on May 12, 2005, on the topic of U. S. Supreme Court Update.

Gary Udashen co-authored an article for the December 2004 issue of Voice for the Defense entitled Freeing the Innocent: Actual Innocence and the Writ of Habeas Corpus.

Gary Udashen spoke at the Texas Criminal Defense Lawyers Association Fall Conference on State Appellate Advocacy on September 9, 2004, in Houston, Texas.

Gary A. Udashen spoke at the Texas Criminal Defense Lawyers seminar in Dallas, Texas on December 5, 2003, on Search and Seizure.

An article co-authored by Gary A. Udashen entitled "The Law of Polygraph Evidence" was published in the Voice for the Defense in October 2003.

Gary A. Udashen spoke at the Criminal Defense Advocacy Training Seminar sponsored by the Criminal Defense Lawyers Project in Fort Worth, Texas, on September 25, 2003 on Search and Seizure.

Gary A. Udashen spoke at a meeting of the Texas Pharmacy Association, Recovery Network, on September 5, 2003, in Dallas, Texas on "Criminal Statutes Pharmacists Should Be Aware Of."

Gary Udashen co-authored an article for the State Bar of Texas Advanced Criminal Law Course 2003 held in Dallas, Texas on July 28-31, 2003, at which Gary Udashen spoke on The Law of Polygraph Evidence.

Gary A. Udashen spoke at the Criminal Defense Lawyers Project Evidence for the 21st Century seminar in South Padre, Texas on July 11, 2003, on Suppression of Exculpatory Evidence in Criminal Cases.

Gary A. Udashen spoke at the Criminal Defense Lawyers Project Evidence for the 21st Century seminar in Texarkana, Texas on March 28, 2003, on Suppression of Exculpatory Evidence in Criminal Cases.

Gary A. Udashen spoke at the Criminal Defense Lawyers Project, "Evidence for the 21st Century," seminar in Houston, Texas, on February 20, 2003, on Suppression of Exculpatory Evidence in Criminal Cases.

Gary Udashen spoke at the Criminal Defense Lawyers Project, "Evidence for the 21st Century," seminar held in Laredo, Texas, on January 24, 2003, on Suppression of Exculpatory Evidence in Criminal Cases.

Gary Udashen spoke at the Criminal Defense Lawyers Project "Evidence For the 21st Century" seminar in Midland, Texas on October 3, 2002, on Suppression of Exculpatory Evidence in Criminal Cases.

An article by Gary A. Udashen entitled, "Suppression of Exculpatory Evidence in Criminal Cases" was published in the Voice for the Defense in July 2002.

Gary A. Udashen spoke at the Dallas Bar Association Criminal Justice Committee's Appellate and Post-Conviction Law Seminar on May 31, 2002, on "Suppression of Exculpatory Evidence in Criminal Cases".

A motion by Robert N. Udashen and Gary A. Udashen entitled, "Motion to Dismiss Proceedings and Discharge Defendant" was published as the motion of the month in the Voice for the Defense in April 2002.

An article by Gary A. Udashen and Robert N. Udashen entitled, "Private Attorney or Public Prosecutor: When Private Attorneys Take Over the Prosecution of a Criminal Case" was published in the Voice for the Defense in March 2002.

Gary A. Udashen spoke to the Dallas Bar Association in August of 2000 on the topic of Current Issues in Criminal Law.