Lubbock Criminal Defense Lawyers Association

Here is an important note passed on from Davin Guinn:

Please alert the membership to an important recent Fifth Circuit opinion regarding 6th A Confrontation and 5th A Due Process called Kittelson v. Dretke, 04-20252, delv’d 9-20-05.

Mr. Kittelson was convicted of Indecency with a Child by contact and sentenced to 25 years out of Texas City. There was no physical evidence, confession or corroboration–just a swearing match. The Judge and the DA didn’t let the defense attorney cross (1) the complainant about a multitude of things, most importantly other allegations she’d made as well as a recantation of her accusation that he touched her (2) the cop who implied that not only had Kittelson messed with this kid but two others. Chief Judge King, Davis and a S.D. Dist. Judge issued an excellent 27 page opinion that everybody ought to read. It does a good job of summarizing basic, bedrock fundamental 6th A and 5th A law. It’s a two-cup-of-coffee/one good beer reader, but a must read in either event.

Here’s the case cite from Westlaw, courtesy of Joe Kline:

C.A.5 (Tex.),2005.
Kittelson v. Dretke
— F.3d —- 2005 WL 2278097 (5th Cir.(Tex.))

To download a copy of the case, click here.

A little more than a week ago Chuck Lanehart wrote a letter to Matt Powell, Interim Criminal District Attorney, concerning problems with discovery. To read his letter, click here. To read Mr. Powell’s reply, click here.

This is a letter from Steven T. Henderson, Lubbock-Crosby County CSCD, encouraging members to attend an upcoming sentencing conference. Click here to read it.

Here is a letter we received from Keith Hampton after his visit to Lubbock:

Pat and all: Thank you for having me up to Lubbock. Everyone was very kind, warm and generous (especially Phil who shuttled me to and from the airport and put me up for the night).

Keith

This update, which was written by Keith Hampton, can be found here.