On July 18, 2005, District Attorney Ricky B. Smith, 106th Judicial District (Dawson, Gaines, Lynn and Garza Counties) filed in the 11th Court of Appeals, Eastland, Texas, a petition for a writ of mandamus against the Hon. Carter T. Schildknecht, Judge of the 106th Judicial District, directing Judge Schildknecht to vacate all Standard Discovery Orders entered by the Court in criminal matters. LCDLA member, Ralph Brock, represented Judge Schildknecht filing a response for the Court August 17, 2005. LCDLA member Kelly Clark prepared for our organization a Brief of Amicus Curiae which was presented to the Appellate Court by our organization for the real parties in interest (the affected criminal defendants).
LCDLA went on record supporting Judge Schildknecht’s right to require the State of Texas to give a defendant charged with a crime a copy of their case before trial. This gives the defendant an opportunity to know what he is charged with, to know who is accusing him, and time to prepare a defense. A copy of our brief is found on our website under RESOURCES.
On August 25, 2005, the Court of Appeals denied Mr. Smith’s petition for writ of mandamus without comment. Thanks to our members who participated in this victory: Ralph Brock, Kelly Clark, Mark Snodgrass, Danny Hurley, Chuck Lanehart, David Guinn, Artie Aguilar, Brian Murray, Rusty Gunter, Jill Taylor-McCall, Phil Wischkaemper, and Pat Metze.