New motions are now available under “Resources and Links” in the Members Only Section to assist LCDLA members secure their client’s criminal histories as part of the discovery process. If you have any problems accessing the Members Only Section, call Eric Metze at 749-8585. Happy hunting!
Congratulations to David Martinez. On February 7, he won a motion to suppress hearing in the 32nd District Court of Fisher County, Judge Glen Harrison presiding. It was a third-degree possession of cocaine case, and an apparent Dorch situation (illegal detention not related to purpose of the stop — driver’s nervousness not good cause to ask for consent to search car and non-consensual search of passenger, David’s client). Good job, David!
Dear LCDLA Members:
Those of you who missed the February 15 LCDLA meeting shoulda been there. The 40-or-so folks in attendance enjoyed a very informative program from the Lubbock County Probation Office, elected new LCDLA officers and directors for 2007-2008, addressed the usual (and some unusual) bitch-and-moan problems we all endure, and generally had a very good time.
Bill McNamara had a very good suggestion, which is soon to be implemented on the LCLDA website, Member’s Only section. We all love to see our names emblazoned on the website in the “Victories” column, but Bill pointed out (after being recognized for two victories this month) that our most valuable lessons are often learned from cases lost. Therefore, a new column, “I Got My Ass Kicked” will soon appear in the Member’s Only section.* Members will report on their losses, how they lost, to whom, the judge’s conduct, etc.
In this way, the LCDLA website will offer valuable insight on what to expect in certain courts in regard to what may be admitted into evidence, rulings on suppression issues, punishment decisions, what to expect from certain prosecutors in regard to trial tactics, what cops to be wary of, what state’s experts need special handling, etc.
Details of several of our latest causes will be addressed on the LCDLA website, Member’s Only section.
Stay tuned.
Chuck Lanehart
Court Liaison
*No, this is not a joke.
If you have any clients in jail in Dallas - Dallas County has to clear 1000 inmates out of the jail in the next 30 days. The following emergency measures are in effect for the next 30 days for Defendants in Jail:
PR bonds for many misdemeanors
Prostitution cases will be reduced to Class C Manifestation
12.45 any pending misd. that a felony defendant has at the time of felony plea
All state jails will be offered 180 days state jail or 12.44(a) reduction if they have enough backtime, regardless of criminal history.
Congratulations to LCDLA’s resident family law expert, Bill McNamara. He won an acquittal today in CCAL#2 on a theft “A” case. His client was accused of stealing from her employer, and some pretty questionable extraneous stuff was admitted into evidence. The jury was out less than ten minutes! Great work, Bill!
Dear Friends and Colleagues:
Please be advised that I have recently accepted employment with a firm in Arlington, Texas, and I must close my solo practice as soon as possible.
Therefore, on most of my court-appointed cases I have filed Motions to Withdraw asking the judges to appoint other counsel. On many of those cases I have already obtained discovery and videos from the DA.
If those of you who are appointed to take over my cases will contact me, I will forward all of my discovery materials, videos, notes, etc. to you.
Thank you.
Sincerely,
Sean Patrick Abeyta
Congratulations to Trey Poage! He had a win in Kent County District
Court on a UUMV. The jury was out 40 minutes in a one-day trial. Trey reports that the new judge, Honorable Shane Hardaway, provided a very fair trial. Good work, Trey.
Representatives of the defense bar appeared today before the Lubbock County Board of Judges in regard to the increasing delays in getting defendants booked, initially appeared, and released from the Lubbock County Jail. Rod Hobson* headed the effort, with support from LCDLA President Robin Matthews, myself, and several others. CDA Matt Powell and representatives of the Lubbock County Sheriff’s Office also participated in the discussion. The Board of Judges has agreed to do two things:
1. Look into the possibility of having the 15.17 initial appearance at an earlier stage of the process. That is, for defendants arrested by the LPD, to have the City of Lubbock Magistrates authorized by the Lubbock County Board of Judges to arraign defendants on County charges while still at the City Holding Facility. This would eliminate the necessity of defendants being arraigned twice, and hopefully speed up the process of booking at the Lubbock County Jail.
2. Authorize a system of pre-set bonds in misdemeanor cases, with certain crimes excepted. Upon a defendant’s execution of a 15.17 initial appearance waiver, a predetermined amount of bail would be set for the defendant’s particular misdemeanor crime. Defendants accused of crimes such as Class A DWI, Domestic Violence Assault and perhaps Indecent Exposure would be required to be arraigned.
I will be working with Rod and the Board of Judges to try to get this project off the ground. If you have any constructive input, please let me know.
Chuck Lanehart
Court Liaison
*Rod is no longer a member of LCDLA. Like Groucho Marks, he would never join an organization that would accept him as a member.
Bill McNamara’s client was charged with possession with intent to deliver 4
-200 grams in a 364th District Court trial this week. Other than “True Believer” cop that said 7 grams is not for personal use, there was no evidence possession was with intent to deliver. Jury didn’t believe cop and found client guilty of lesser charge of mere possession. Good job Bill!
Due to the popularity of this site and the addition of more CDLA sites, I’ve decided that this site (and the others) could use an upgrade. This version is far more user-friendly, is easier for the administrators (like LCDLA board members) to use, and also has the ability to create a brief bank. Keep an eye out for the new features and keep checking the Members Only section for the latest gossip.
