Concerned that mentally impaired indigents too often languish in their jail, Lubbock County officials are trying a new approach - a private defender’s office. It’s a hybrid; a cross between a public defender’s office and the assigned counsel system used in most Texas counties.
Professor Metze had an appellate win in Cochran county. The State got an lesser included instruction on a lesser that did not exist. Kudos to Chris Dennis for preserving the error and Prof. Pat for getting the “three wise men” in Amarillo to recognize error when they see it. Good job guys.
Anna Ricker and Anna McSpadden Holland just won an appeal, reversed and remanded, with the sole point of error being the court’s denial of a requested charge of the defense of mistake of fact. Congratulations lady-gladiators!!!
Ted Hogan got a Probation from a jury last week on a Possession With Intent to Deliver where Mandi had offered 10 to do. That one goes in the “win” column. Good Job Ted!
Vince Martinez got a 2 word verdict in CCAL#1 last week. Here is his summary of the facts:
“Last week we got a not guilty verdict in CC#1 on a case of domestic assault. The relationship was boyfriend-girlfriend. The jury was out about 2 and 1/2 hours before reaching a verdict. Prosecutors were Jennifer and Jason Howard. Jury was 4 women and 2 men. Victim testified in court that she was choked 3 separate times by the defendant. She had told the officer on the night of the offense that she had been “grabbed” by the throat 5 times. I guess the jury didn’t believe either story.”
Also Cynthia Mendoza and Mark Snodgrass got a hung jury in the 364th on a burglary this week. Frietag was lead persecutor. It was Cynthia’s first trial as lead. We will let her put that one in the “win” column.
Good job guys!!!
Black man charged with Agg Assault w/deadly weapon, complaining witness was his wife. She was so scared of her husband after he beat her twice in one day, that she got dressed up and went to her brother’s wedding that same day. Ted Hogan helped me pick the jury. Theory of case: Hell Hath No Fury like a Women Scorned.
Word to the wise: if you’re gonna cheat on your wife, don’t get caught!
David Guinn got a not guilty on an African-American gentleman in SWISHER County (Yes, that Swisher County) on a mistake of fact defense. Charge was Felon in possession of a firearm. Client was a felon and he did possess a firearm but testified he just picked it up and put it in his pocket without realizing what it was. (apparently it was an unusual gun that did fold up). 70 minute not guilty.
Innocence Project of Texas client, James Lee Woodard, was released from incarceration yesterday after serving more than 27 years for a murder that he has always maintained he did not commit. The victim, Woodard’s girlfriend at the time of the homicide, was found strangled and sexually assaulted on the banks of the Trinity River in Dallas, Texas. A rape kit was taken, and the evidence was preserved by the Southwest Institute for Forensic Sciences (SWIFS). When subjected to a DNA test, the rape kit indicated that James Woodard was not the victim’s attacker and that he had likely spent more than a quarter century in prison for a crime that he was not involved in.
Although at first glance this case appears to be a relatively simple DNA-based case, more than 1000 hours were spent by both the Dallas County District Attorney’s Office and the Innocence Project of Texas investigating Woodard’s claim of innocence. Once the DNA results excluded Woodard as the victim’s rapist, both organizations set out to interview all relevant witnesses and piece together the story leading up to Woodard’s conviction. This collaborative effort is one of the first of its kind, and it is a testament to the integrity of the Dallas County District Attorney’s Office.
For more information regarding James Lee Woodard and his case, please click here.
For more information about the collaborative effort of the Dallas County District Attorney’s Office and the Innocence Project of Texas, or to hear about the current state of justice in America today, please consider joining us tomorrow night for “Freedom and Justice in America: A Live Conversation Onstage” at the Angelika Theater in Dallas Texas. Details regarding this event can be found under the “Events” section of the ipoftexas.org website.
Two wins to report. Both in Terry County. Brad Moore got a 10 year probation out of a Terry Co. Jury for his client who came up from the Valley for the watermelon harvest. A knife was displayed in the process of the robbery but not used in any other way.
As for David Martinez, 83.5 grams of Cocaine under the passenger seat of David’s client’s vehicle. The passenger pled for deferred because he was to testify against David’s client. His testimony turned out to be that he knew nothing about the dope and he did not tie David’s client to it. Since co-defendant had pled, it apparently just created the reasonable doubt necessary for an acquittal.
Over the next several hours the site will be unavailable if you add the “www.” to the beginning of the address. It’s extraneous, and anyway, it’s malfunctioning for up to several more hours. Sorry for the inconvenience it may have caused.
