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| Judge Charles Holcomb |
July 2003
Profile: Judge Charles Holcomb
Court of Criminal Appeals
By Anita Davis
Charles Holcomb brings to the bench a wealth of experience — both in years and the variety of positions he has held. At 69, Holcomb is at the pinnacle of a long career that has included public service and the private practice of law.
“Charlie gives you the impression that he is a small town country lawyer,” said Larry Sinclair, a former law partner. “He is unpretentious, down to earth, and easy to talk to. He is also very sharp, perceptive, well-read, and an excellent attorney.”
Holcomb was elected to the Court of Criminal Appeals in 2000 and took office in 2001. His term expires in 2006.“The court is a fine court, well balanced,” Holcomb said. “We don’t agree all the time but we still try to maintain collegiality. We have four members of the court who previously have been judges and the others have years of appellate experience.
“I enjoy this work and the challenges it brings,” he said. “I especially enjoy having a knotty problem and trying to work it out.”
The “knotty problems” that are the least enjoyable for Holcomb are also the ones that get the most press. “Frankly I don’t like having to make decisions on death penalty cases,” he said. “They are the hardest cases, the ones we spend more time on even though the points of law might not be as unusual as other cases. Death penalty attorneys for both sides do a very good job, but the decisions nevertheless are difficult.”
The “knotty problems” Holcomb likes best are “the cases where the law is unclear, with issues that have not been decided, and in which we try to come to the right conclusion of what would be in the best interests of justice and the rights of individuals, and what would best serve the public,” said the judge.
“The workload of the court is amazing,” he continued. “I had no idea (when I came on the bench) what all was involved. There are close to 7,000 petitions for discretionary review, writs, and other matters that come before this court every year, and that’s not counting the death penalty cases.” While staff attorneys initially read, research, and make recommendations, there is still “a mountain of paper to be read, decisions to be made, and opinions to be written,” Holcomb said.
“The court does not arbitrarily decide if a person is guilty,” he said. “We are required to do an enormous amount of reading and research to see that the law is followed.”
Luckily for Holcomb he enjoys reading. In his spare time, he reads histories and biographies. “Sometimes I think I would have made a better historian than a judge,” he said. “My present interest is the Texas Revolution.” Holcomb pauses, then launches into little known facts about Texas’ fight for independence, citing names of battles, dates, and minute details. “I should have been a history teacher,” he added.
Holcomb came from modest means — his father was a schoolteacher and coach. After graduating from high school in Baytown at age 16, he worked at various jobs, as an auto parts man, in an oil field, and selling tires while serving in the Air Force Reserve and attending Lee College part time. In 1955, he enrolled at South Texas College of Law and simultaneously worked for Shell Oil Company. After receiving his L.L.B. in 1958, which was later upgraded to a J.D., he continued to work for Shell Oil and also served as city attorney and assistant city manager for Deer Park. In 1959, he left Shell Oil to move to Orange as its city manager, where among his other duties he codified the city ordinances.
In 1967, Holcomb was elected judge of the County Court at Law of Orange County, where he served until 1972. Again, he took on a second job, this time as an adjunct professor of government at Lamar University Extension in Orange.“I taught three nights a week,” recalled Holcomb. “That was one of the most demanding jobs for the least amount of money I have ever done.”
“Charlie is responsible for my becoming a lawyer,” said Stuart Kinard, who attended Lamar University, and now is a criminal defense lawyer in Austin. “Charlie would tell me how he, as a lawyer, could help people. None of the load he carried weighed him down. Rather, it buoyed him up and he looked forward to the next day. It inspired me, and four years after graduating from college, I enrolled at the University of Houston Law Center.”
In 1972, with a family including three children, one of whom was starting college, Holcomb went into private practice in Rusk, forming what eventually became Cox, Holcomb & Sinclair. From 1974 until 1981, he also served as Cherokee County Attorney.
Holcomb was elected district attorney of Cherokee County and served from 1981 to 1992. “He initiated the open file policy,” said district attorney Elmer Beckworth, who at the time was a 26-year-old assistant district attorney. “He was aggressive on prosecution cases, but very fair to the defense counsel and defendant. And he was sensitive to the needs of the victims. He had the respect of everyone. I have tried to emulate him.”
Holcomb prosecuted one of the most colorful and scandalous cases that the small town of Alto, where he lived, had ever seen.
“The owner of the feed store was found murdered in his house,” Judge Holcomb recalled. “It was a staged robbery and he was found shot. He had an $800,000 life insurance policy and a very attractive wife who, it was rumored, had been intimate with lots of guys in town. We eventually charged her then-lover (the CPA of her deceased husband) with the murder, and after a highly publicized trial, got a conviction. As a footnote, the wife later married the deputy sheriff who was the first on the scene and had found the body.”
In 1992, Holcomb was elected justice of the Twelfth Court of Appeals in Tyler and served until 1998. From 1998 to 2000, he sat by assignment in trial and appellate courts as a senior judge. While on the court of appeals, he wrote more than 150 published opinions.
“Probably one of my best-remembered opinions was one when I was on the court of appeals,” Holcomb said with a chuckle. “It involved an alleged assault by a constable on someone he had arrested. In the opinion which I authored, we reversed the conviction because we felt the evidence in the record was factually insufficient to prove beyond a reasonable doubt the constable was the one who assaulted the victim. We felt the evidence was stronger that the other peace officer, who testified for the state, was the one who actually had assaulted the victim. The victim, who was admittedly very drunk, was unable to relate convincingly who had assaulted him. The case was appealed to the Court of Criminal Appeals, which reversed, finding we had used the wrong standard for determining factual sufficiency. That case, Cainv. State, became the standard on how not to make this determination, and I had to thereafter cite as precedent this case in which the Court of Criminal Appeals held our court had screwed up.”
In 2000, Holcomb was elected to the Court of Criminal Appeals. In his modest-sized office, the large oak desk is covered with papers and books. The walls are lined with floor-to ceiling-bookshelves, except for one wall of windows, and one corner wall that has a campaign poster of a youthful Holcomb running for County Court at Law. There’s also a photo of him on Hilton Head golf course, which prompts in Holcomb wistful remembrances of a handicap of seven and a couple of golf tournament victories.
But it is a group of family photos next to his desk that brings a huge smile to the judge’s face. He leans back in his leather chair and says, “Did you know that I celebrated my 50th wedding anniversary this year?”
Indeed, 50 years ago, he married his high school sweetheart, Anita. They both worked, putting each other through college, and had three children — Sherry, James, and Katrina. Their son was born with congenital heart disease but lived to marry and have two daughters. He died in 1991, when he was in his 30s, leaving two daughters, whom the Holcombs helped raise and send to college. They have two other grandchildren and one great-grandchild.
One of the granddaughters, Angela Holcomb Rogers, now works for Cherokee County D.A. Elmer Beckworth. “He has always been a terrific grandfather,” she said. “I remember one summer when he drove all four of his granddaughters to Florida — a 13-hour drive. Grandmother kept telling us that children should be seen and not heard. I think we drove them crazy during that car ride.”
Family is important to the Holcombs. They have a reunion every year. Their 100th reunion was featured on “Good Morning America.” This July will be the 104th Holcomb family reunion.
“Grandfather is always the master of ceremonies,” said Rogers. “He talks about family and what to look forward to.” One thing Judge Holcomb has to look forward to is his second great-grandchild, Rogers’ first child, due in November.
“Charlie is the patriarch of that family,” Kinard said. “He is a patriarch rooted in generosity and love, not in heavy handedness. He is one of the most good-hearted men I know. I have never heard him say a mean-spirited thing about another living soul. I would like to be Charlie Holcomb at least once a week.”
Charles Holcomb brings to the bench a wealth of experience — both in years and the variety of positions he has held. At 69, Holcomb is at the pinnacle of a long career that has included public service and the private practice of law.
“Charlie gives you the impression that he is a small town country lawyer,” said Larry Sinclair, a former law partner. “He is unpretentious, down to earth, and easy to talk to. He is also very sharp, perceptive, well-read, and an excellent attorney.”
Holcomb was elected to the Court of Criminal Appeals in 2000 and took office in 2001. His term expires in 2006.“The court is a fine court, well balanced,” Holcomb said. “We don’t agree all the time but we still try to maintain collegiality. We have four members of the court who previously have been judges and the others have years of appellate experience.
“I enjoy this work and the challenges it brings,” he said. “I especially enjoy having a knotty problem and trying to work it out.”
The “knotty problems” that are the least enjoyable for Holcomb are also the ones that get the most press. “Frankly I don’t like having to make decisions on death penalty cases,” he said. “They are the hardest cases, the ones we spend more time on even though the points of law might not be as unusual as other cases. Death penalty attorneys for both sides do a very good job, but the decisions nevertheless are difficult.”
The “knotty problems” Holcomb likes best are “the cases where the law is unclear, with issues that have not been decided, and in which we try to come to the right conclusion of what would be in the best interests of justice and the rights of individuals, and what would best serve the public,” said the judge.
“The workload of the court is amazing,” he continued. “I had no idea (when I came on the bench) what all was involved. There are close to 7,000 petitions for discretionary review, writs, and other matters that come before this court every year, and that’s not counting the death penalty cases.” While staff attorneys initially read, research, and make recommendations, there is still “a mountain of paper to be read, decisions to be made, and opinions to be written,” Holcomb said.
“The court does not arbitrarily decide if a person is guilty,” he said. “We are required to do an enormous amount of reading and research to see that the law is followed.”
Luckily for Holcomb he enjoys reading. In his spare time, he reads histories and biographies. “Sometimes I think I would have made a better historian than a judge,” he said. “My present interest is the Texas Revolution.” Holcomb pauses, then launches into little known facts about Texas’ fight for independence, citing names of battles, dates, and minute details. “I should have been a history teacher,” he added.
Holcomb came from modest means — his father was a schoolteacher and coach. After graduating from high school in Baytown at age 16, he worked at various jobs, as an auto parts man, in an oil field, and selling tires while serving in the Air Force Reserve and attending Lee College part time. In 1955, he enrolled at South Texas College of Law and simultaneously worked for Shell Oil Company. After receiving his L.L.B. in 1958, which was later upgraded to a J.D., he continued to work for Shell Oil and also served as city attorney and assistant city manager for Deer Park. In 1959, he left Shell Oil to move to Orange as its city manager, where among his other duties he codified the city ordinances.
In 1967, Holcomb was elected judge of the County Court at Law of Orange County, where he served until 1972. Again, he took on a second job, this time as an adjunct professor of government at Lamar University Extension in Orange.“I taught three nights a week,” recalled Holcomb. “That was one of the most demanding jobs for the least amount of money I have ever done.”
“Charlie is responsible for my becoming a lawyer,” said Stuart Kinard, who attended Lamar University, and now is a criminal defense lawyer in Austin. “Charlie would tell me how he, as a lawyer, could help people. None of the load he carried weighed him down. Rather, it buoyed him up and he looked forward to the next day. It inspired me, and four years after graduating from college, I enrolled at the University of Houston Law Center.”
In 1972, with a family including three children, one of whom was starting college, Holcomb went into private practice in Rusk, forming what eventually became Cox, Holcomb & Sinclair. From 1974 until 1981, he also served as Cherokee County Attorney.
Holcomb was elected district attorney of Cherokee County and served from 1981 to 1992. “He initiated the open file policy,” said district attorney Elmer Beckworth, who at the time was a 26-year-old assistant district attorney. “He was aggressive on prosecution cases, but very fair to the defense counsel and defendant. And he was sensitive to the needs of the victims. He had the respect of everyone. I have tried to emulate him.”
Holcomb prosecuted one of the most colorful and scandalous cases that the small town of Alto, where he lived, had ever seen.
“The owner of the feed store was found murdered in his house,” Judge Holcomb recalled. “It was a staged robbery and he was found shot. He had an $800,000 life insurance policy and a very attractive wife who, it was rumored, had been intimate with lots of guys in town. We eventually charged her then-lover (the CPA of her deceased husband) with the murder, and after a highly publicized trial, got a conviction. As a footnote, the wife later married the deputy sheriff who was the first on the scene and had found the body.”
In 1992, Holcomb was elected justice of the Twelfth Court of Appeals in Tyler and served until 1998. From 1998 to 2000, he sat by assignment in trial and appellate courts as a senior judge. While on the court of appeals, he wrote more than 150 published opinions.
“Probably one of my best-remembered opinions was one when I was on the court of appeals,” Holcomb said with a chuckle. “It involved an alleged assault by a constable on someone he had arrested. In the opinion which I authored, we reversed the conviction because we felt the evidence in the record was factually insufficient to prove beyond a reasonable doubt the constable was the one who assaulted the victim. We felt the evidence was stronger that the other peace officer, who testified for the state, was the one who actually had assaulted the victim. The victim, who was admittedly very drunk, was unable to relate convincingly who had assaulted him. The case was appealed to the Court of Criminal Appeals, which reversed, finding we had used the wrong standard for determining factual sufficiency. That case, Cainv. State, became the standard on how not to make this determination, and I had to thereafter cite as precedent this case in which the Court of Criminal Appeals held our court had screwed up.”
In 2000, Holcomb was elected to the Court of Criminal Appeals. In his modest-sized office, the large oak desk is covered with papers and books. The walls are lined with floor-to ceiling-bookshelves, except for one wall of windows, and one corner wall that has a campaign poster of a youthful Holcomb running for County Court at Law. There’s also a photo of him on Hilton Head golf course, which prompts in Holcomb wistful remembrances of a handicap of seven and a couple of golf tournament victories.
But it is a group of family photos next to his desk that brings a huge smile to the judge’s face. He leans back in his leather chair and says, “Did you know that I celebrated my 50th wedding anniversary this year?”
Indeed, 50 years ago, he married his high school sweetheart, Anita. They both worked, putting each other through college, and had three children — Sherry, James, and Katrina. Their son was born with congenital heart disease but lived to marry and have two daughters. He died in 1991, when he was in his 30s, leaving two daughters, whom the Holcombs helped raise and send to college. They have two other grandchildren and one great-grandchild.
One of the granddaughters, Angela Holcomb Rogers, now works for Cherokee County D.A. Elmer Beckworth. “He has always been a terrific grandfather,” she said. “I remember one summer when he drove all four of his granddaughters to Florida — a 13-hour drive. Grandmother kept telling us that children should be seen and not heard. I think we drove them crazy during that car ride.”
Family is important to the Holcombs. They have a reunion every year. Their 100th reunion was featured on “Good Morning America.” This July will be the 104th Holcomb family reunion.
“Grandfather is always the master of ceremonies,” said Rogers. “He talks about family and what to look forward to.” One thing Judge Holcomb has to look forward to is his second great-grandchild, Rogers’ first child, due in November.
“Charlie is the patriarch of that family,” Kinard said. “He is a patriarch rooted in generosity and love, not in heavy handedness. He is one of the most good-hearted men I know. I have never heard him say a mean-spirited thing about another living soul. I would like to be Charlie Holcomb at least once a week.”