Lubbock Criminal Defense Lawyers Association

Check out a special holiday greeting from your LCDLA officers on the Member’s Only section. You will not want to miss this!

http://lcdla.org/members/viewtopic.php?t=27

A couple of victories to report.

Laurie Key won an acquittal yesterday in Terry County on a possession of controlled substance 4-200 grams with a prior pen trip. Dope was found in a motel room after execution of a search warrant. 35 grams were in the wall behind an air vent behind a mirror. The other 5 grams were in a baggie in the bathtub. Judge Moore did not sustain her Motion for Instructed Verdict for the 35 grams upon first request, but after he read the case law she provided (Humason, etc.), he agreed and the jury was charged on possession 1-4 grams and possession less than 1 gram. Three co-defendants were in the room at the time of the search. The jury simply could not find BRD that her client exercised actual care, custody, control or management.

In a civil case, Charlie Dunn won a reversal today out of the 7th Court of Appeals involving the dismissal of a lawsuit against a Lubbock Police Officer for civil rights violations against his client. His lawsuit now has new life in 237th District Court.

Great job, gladiators!

Professor Pat Metze has informed me that Lydia Clay-Jackson,Board Certified in Criminal Law, Dean of the Trial College and future President of TCDLA is coming this Thursday, November 15th, to speak to the students at the law school and to work with his class on theory and theme preparation. Pat is planning a luncheon in her honor around noon Thursday (probably at the Lubbock Club – details to follow). Pat would like to know: how many of you would like to attend? Please respond to Pat at: patmetze@aol.com.

Also, don’t forget the Larry Elms memorial service at 1:30 p.m. Thursday in 137th District Court.

Finally, the November LCLDA meeting is also Thursday, 5:30 p.m., at The Blue Light. VP for Education Laurie Key has free MCLE lined up: representatives from SCRAM and DWI Court – including Tom Brummett – will give us all the details on these programs and answer any questions our members may have.

Discussion topics will include The War on College Kids, complaints filed against Judge Keller, the new lawyer seminar in the spring, Prairie Dog Lawyers Seminar plans, and third-year clerks with the DA’s office (what they can and can’t do).

On November 1st Robin Matthews completed a successful defense of her client charged with aggravated assault on a public servant, a first degree felony. The jury took four hours to find Robin’s client guilty of causing bodily injury to a police officer who was trying to arrest him. After a full day of trial on punishment and 6 hours of deliberation the jury returned an 8 year sentence. The plea offer was 35 years. Victory is often measured in the Justice that results for “US” and our client. Helping Robin was long time LCDLA charter member, Mark Hall. Congratulations on a hard fought victory.

In the last few days, our organization has received some outstanding publicity regarding our pro bono effort to assist young folks caught up in LPD’s party patrol debacle. Last week, the Lubbock Law Notes devoted its front page to an article I wrote, “Lubbock Lawyers Volunteer to Oppose ‘War Against College Kids’.” Quoted in the article are Rusty Gunter, Jill Stangl, Dennis Reeves, Trey McClendon, Joel Cook, Fred Stangl, Mark Snodgrass, Pat Metze, and David Guinn.

Today, the Texas Lawyer features a front-page article written by Mary Alice Robbins titled, “Tech Students Fight Party Patrol Citations With Pro Bono Help.” Mary Alice writes with a bit more balance and gives the LPD and City Attorney an opportunity to put in their two cents, but the article is very favorable toward LCDLA. In addition to quotes from a couple of our clients, LCDLA members mentioned in the Texas Lawyer article are Jill and Fred Stangl, Mark Snodgrass, Dennis Reeves, Pat Metze, Trey McClendon, and me.

Good job, LCDLA!

Effective September 1, 2007, Rule 25.2(d) of the Texas Rules of Appellate Procedure was amended to require a statement in the certification of the defendant’s right to appeal form that the defendant has been informed of his appellate rights. The certification form has been rewritten to conform to the amended rule.

A sample form, ‘Trial Court’s Certification of the Defendant’s Right to Appeal,’ is posted on the LCDLA Member’s Only page.

Also, Rule 48.4 has been added, which codifies the requirement that within five days after an appellate decision is handed down, appellate counsel must send the defendant, return receipt requested, a copy of the Court of Appeals’ opinion and judgment, and notification of his right to file a pro se PDR. Counsel must also notify the appellate court of his compliance with this requirement by letter and attach a copy of the receipt, within the time to file a motion for rehearing.

LCDLA Members can download a blank version of the form by clicking here.

Check out a special holiday greeting from your LCDLA officers on the Member’s Only section. You will not want to miss this!

http://lcdla.org/members/viewtopic.php?p=51

Congratulations on a big win for Kerry Piper this week. He got a 36-minute not guilty from a jury in the 242nd District Court of Hale County (Judge Self). It was an Aggravated Assault with a Deadly Weapon (knife). The complainant had horrible black eye and cut nose from a bite, but her credibility was an issue and her story of the knife was not believable.

I’ve found that defending knife assaults is very difficult, and especially tough if you get to the punishment phase, so this was a significant victory.

Great job, gladiator!

Don’t forget to attend the memorial service today for Larry Elms: 4:00 p.m., First Baptist Church.