There’s a pretty good story in the Texas Tech student newspaper about LCDLA’s latest cause, the War Against College Kids. LCDLA is not mentioned by name (you can’t control the press, I’ve learned), but there are excellent quotes from Jill Stangl and Trey McClendon.
Congratulations to (semi) retired LCDLA member Floyd Holder. He filed a pretrial motion to dismiss based on the supremacy clause, forcing a dismissal on two counts of theft of trade secrets in 140th. I don’t know that I’ve ever seen a case involving the supremacy clause*, but I want Floyd to provide a copy of his brief to us for our Members Only Brief Bank.
*The Supremacy Clause is the common name given to Article VI, Clause 2 of the United States Constitution, which reads:
“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the authority of the United States, shall be the supreme Law of the land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”
Chuck Lanehart scored a rare hat-trick last week. He won three suppression motions in three days in three different jurisdictions. On Monday, he litigated a DWI suppression issue in Lubbock CCL#1. After the hearing, but before Judge Rusty Ladd made his decision, the State did the right thing and filed a motion to dismiss. On Tuesday, he litigated a Dortch suppression issue in a SJF cocaine case in Terry County’s 121st District Court. Judge Kelly Moore granted the motion to suppress, resulting in dismissal of the dope case, as well as dismissals of two misdemeanors, possession of marijuana and UCW. And on Wednesday, his motion to suppress evidence was granted in Crosby County Court on a misdemeanor attempted possession of cocaine case. The County Attorney then dismissed the case. There will be no appeals by the State in any of the three cases, per Chuck.
Wesley Keng is now a proud dad. William was born yesterday, weighing in at 9lb 9oz. I have no idea why we always tell how much a baby weighs. Mother and child are doing great.
Congratulations to Steve Hamilton and Nicky Boatwright. They got a 15-minute acquittal in CCL#2 September 12 on a DWI “B”. No breath test case. Steve reports that the jury ordered lunch, but Giorgio’s couldn’t deliver the grub before they had a verdict. Great job, gladiators!
Nicky Boatwright received the Destination Dignity…Celebrating People Award from Lubbock MHMR and Advocacy Inc. This special recognition was for her role in the development of a method to train interested attorneys in the representation of mentally challenged persons as well as the innovation of a rotational system for their representation by qualified attorneys. I know Nicky would want to give recognition also to Ted Hogan for the work he has done in the above areas as well.
Donny Yandell tried a State Jail Felony Possession of a Controlled Substance case yesterday in Levelland. Client lived in Brownfield and borrowed his girlfriend’s car to go to work in Wolfforth. On his way home, DPS Super Trooper stops him for speeding, 73 in a 70. Of course the trooper smells the odor of marijuana. Cop searched the car and found some meth residue (0.1 gram) wedged between the center console and the driver’s seat, no marijuana. Trooper had to search the car three times to find it. Jury was out for fifteen minutes and came back with a not guilty. Good job young warrior!
There is an interesting bit about retired LPD officer Larry Stephens on the Members Only section: Retired LPD Officer Larry Stephens
Please note: this is an entirely new version of the members only forum that everyone was used to back when we first started it. I can almost guarantee that you are NOT registered for this site, so you might as well do that right now.
Effective September 1, 2007, LR 83.18 and LCrR 53.1 were amended, and Miscellaneous Order 63 became effective. These changes continue the prohibition on the possession of electronic communication devices on court floors, but grants certain exceptions. In Dallas and Fort Worth you may be required to show your bar identification card or a written authorization from the presiding judge to bring an electronic communication device onto a court floor. Please click the link below for details…
Richard “Dicky” Grigg, an attorney from Austin, will make a presentation regarding his pro bono work defending detainees in Guantanamo Bay, Cuba on Wednesday September 5th from 10:00am till 10:50am in the forum of the Texas Tech University School of Law. After the presentation Mr. Grigg will open up the floor for Q&A’s. This event is sponsored by the TTU School of Law. Coffee and donuts will be provided by the Tech Law Military Association for all those in attendance.
