Lubbock Criminal Defense Lawyers Association

Chuck Lanehart won a huge victory for his client in the 11th Court of Appeals last week. The Eastland Court issued an opinion REVERSING AND RENDERING A JUDGMENT OF ACQUITTAL in a Nolan County case. Chuck’s client, Christopher Lamont Taylor, was convicted of possession of a controlled substance with intent to deliver. The jury popped him with an 80-year sentence, and a $5000 fine. The published opinion turned on the fact that the prosecution failed to corroborate their snitch’s testimony as required by Article 38.141 C.C.P. (the “Tulia Law”). You can read the opinion here.

Great job Chuck!!

Chuck had a win yesterday in JP4. He got a 20 minute NOT GUILTY from a jury. His client was charged with Purchasing Turtles without a Permit. (Yes, really.) It took all day, but the end result was: Chuck Lanehart 1, Ace Ventura 0. Great job, Chuck!

Prosecution offered 60 days to a 42-year-old professional female client on her first offense DWI with open container. She was on pre-trial diversion and they violated her. They used confession in guilt innocence. Verdict came back as guilty. However, the jury gave a 6 day minimum with $2,000 fine, but they suspended both!

Just heard that Mark Hall had a big win in Potter County today. His inmate client was accused of chunking urine on a correctional officer. The client testified, with convictions for burglary of a habitation in ’93 and for murder in ’99. He faced big bitch if convicted, but NOOOOOOOOOOO! Instead, Mark heard “NOT GUILTY” from the jury. Quite a victory.

We have several victories to announce this week, and it’s only Tuesday!

Victory #1 = Will Boyles got a Not Guilty yesterday in the 137th. Client was charged with Assault DV with a prior, and he was big bitched.

Victory #2 = Travis Sandoval got a Not Guilty yesterday in County Court at Law #2. Client was charged with Assault.

Victory #3 = Chuck Lanehart and Fred Stangl had an appellate victory. Amarillo affirmed the suppression of 200 grams of meth out of Hale County based on a defective search warrant affidavit.

Great work guys! Way to keep fighting the good fight! You make us all proud.

I tried an aggravated sexual assault case in 364th Monday-Wednesday. It was forcible rape of an 11 year old by a 17 year old. The jury assessed the minimum sentence of 5 years TDC. I was relieved and pleased. A. Crowley & B. Slack prosecuted. Sometimes luck is more desirable than skill.

Jim Moore and I got a not guilty on an ACBI in CC2 on Tuesday against Myers and Slack. I have no good explanation as to how this happened so I guess it is an example of what can be done if you repeatedly beat the jury over the head with the burden of proof. The State rested late Monday and we broke for the night. That night, my client was picked up for allegedly committing Burg. Hab. with intent to commit assault. Yes, you read that part right. They brought our client over in her street clothes and we proceeded. Needless to say, she didn’t take the stand. I gratefully thank, Ron McLaurin, Justin Kiechler, Robin Mathews, Donnie Yandell, Pat Metze and Jaimie Lopez for their assistance. Sorry if I forgot anyone. If you want to know about the best defense bar in the State of Texas, come ask me.

TCDLA has 7 registration scholarships to the NACDL seminar “Not Guilty! Making It Happen with Cutting-Edge Defenses,” on February 25-26, 2010 at the Hilton Hotel in downtown Austin.

All travel expenses is the responsibility of the lawyers.

As added bonus, all lawyers who attend the NACDL seminar can also attend the CDLP Capital/Habeas CLE, at no cost, right around the corner at the downtown Marriott Courtyard. The attorneys will receive the materials on a CD.

Andy Taylor and Sara Smitherman got a 21 minute Not Guilty in Hale County Court. The charge was criminal trespass. Client’s baby lived with mother at her parents house. Brother in law called police when client visited at 2:30am. Police arrested client without ever criminally trespassing our client before. ADA would not dismiss! Baby momma testified she told client he could come in house.

There were a number of victories this week, in addition to the previous email.

(1) Dan Hurley got a not guilty on a DWI in CC2. It was a 0.15 breath test, but, apparently, a really good video.

(2) Susan Rowley got a hung jury that resulted in a dismissal on a Burglary of a Building in the 137th.

(3) Will Boyles got an LIO on a Poss CS 4-200 g in the 140th. (Charge was Intent to Deliver)

Attorneys feel free to give us details on your cases. Great jobs all the way around. Congratulations to all of you!