As always, the next meeting with be this Thursday at the Blue Light on Buddy Holly Ave. If you ever need to check when the next meeting will be, don’t forget to check the top right of the website. It’s always there and is automatically updated each week.
Well boys and girls, chalk another one up for the Fourth Amendment. The 7thCOA just reversed and remanded a case based on Officer Brady Lewis illegally detaining folks. First Office Lewis sees them speeding, but then testifies that they slowed down and that was why he pulled the vehicle over. Oh and Officer Lewis then mentioned that they were driving fast/slow in a high crime area and that when he pulled the vehicle over, the driver already had his license out. That’s about all the reasonable suspicion held. Court said that wasn’t enough to continue an illegal detention and continued questioning of a passenger of the vehicle after the request for a consent search had been denied.
I will let y’all read the rest of it so that I don’t spoil the ending, but the words “Reverse and Remand” sure do look good in this opinion.
KRISTY R. SIEFFERT, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
Above is the link to the opinion. If it doesn’t work go on the 7th COA’s website and the Cause number is 07-08-00242-CR.
Joel was in trial in cc2 this week. It was a DWI 2nd, and client was still on probation for the first DWI. Although the jury convicted his client, they still gave her probation, knowing she was on a DWI probation. Great job, Joel.
Please remember that we have a meeting this Thursday (5/21) at 5:30 at the Blue Light. We will be having a CLE program, graciously provided by David Crook; the topic is how to preserve error in voir dire. David does our appeals; so, if he says we need this lesson, then we need it! So, please plan to attend. You wil receive .5 hours of CLE credit for attending. Look forward to seeing everyone there.
Congratulations to Dwight McDonald for getting a not guilty on a domestic assault in CC2. Assisted by Ron McLaurin, they won a hard-fought victory. The State tried a good case, but the facts prevailed. Jury was out for arond 2 1/2 hours. See Dwight or Ron for details. great job, guys!
Bob Heald was in trial this week in the 137th on a Failure to Stop and Render Aid, where his Client was facing 2-20. Mr. Greaser led the case for the State and requested a special issue on a deadly weapon finding. Judge Puryear allowed the special issue to go to the jury, and the jury convicted Bob’s client of Failure to Stop and Render Aid and made a finding of true on the deadly weapon issue. Judge Puryear handed down the sentence today. The sentence was 2 years TDC, and it came also with a dress-down of the state and the equivalent of an apology from the Court to Bob’s client. Judge Puryear, evidently, made reference to the jury’s finding on the deadly weapon issue as a miscarriage of justice and expressed his hope that the state will make better decisions about how to handle such issues in the future. CAN I GET AN AMEN????? Great job Bob!
Fred Stangl had a small victory today. He won an ALR hearing on a DWI “B” with a search warrant blood test. Judge Phillips ruled there was no probable cause to arrest the accused. I’m particularly happy, since the accused is my client.
Chuck
I say that anytime you get B.J. Phillips to let you keep a license, it is no small thing. Good job Fred!
OCDLA is an active membership with a listserv of 350 lawyers. We are hosting our Advanced Criminal Defense and Capital Litigation seminar April 23 & 24 in the OKC area. We would appreciate it if you could post our seminar in your newsletter or on your website and/or listserv. In exchange OCDLA would be pleased to return the favor for your criminal defense organization.
Raymond Shackelford & Cody Cofer received a 13 minute NOT GUILTY in County Court at Law Number Two in Henderson County on DWI-2/Open Container. Citizen pulled over for doing 75 in 55. Regular clues. Does well on SFSTs. Cop finds out about prior felony and DWI. Finally, makes decision to “formally” arrest citizen, but he had probable cause 5 minutes into investigation and continued to “build his case.” During ALR hearing, cop said that he had no evidence that citizen lost normal use of mental faculties. Interesting and scary point……….Gun Barrel City P.D. has policy to only offer Blood test. Citizen refused. Officer did not attempt to obtain warrant. Jury a bit concerned about the whole implied consent, refusal used against citizen, and invasive blood test. All in all, a good day. Additional thanks to Jason Barger, Michael Montoya, and Andy Taylor.
The LCDLA meeting for March will be moved to March 26 due to spring break. Please make sure and attend the meeting, as we already have CLE lined up. This month’s CLE will be about the Honor Pod at the Lubbock County Jail. For those of you who attended the February meeting, you already have an idea of what this is about. For those of you who did not attend the February meeting, you will want to make sure and come to the March meeting. This is a very interesting topic and it will be very beneficial to all of those involved. See you on March 26.
