Concerned that mentally impaired indigents too often languish in their jail, Lubbock County officials are trying a new approach - a private defender’s office. It’s a hybrid; a cross between a public defender’s office and the assigned counsel system used in most Texas counties.
Professor Metze had an appellate win in Cochran county. The State got an lesser included instruction on a lesser that did not exist. Kudos to Chris Dennis for preserving the error and Prof. Pat for getting the “three wise men” in Amarillo to recognize error when they see it. Good job guys.
Anna Ricker and Anna McSpadden Holland just won an appeal, reversed and remanded, with the sole point of error being the court’s denial of a requested charge of the defense of mistake of fact. Congratulations lady-gladiators!!!
Ted Hogan got a Probation from a jury last week on a Possession With Intent to Deliver where Mandi had offered 10 to do. That one goes in the “win” column. Good Job Ted!
In CCL#1, Chuck Lanehart et al had to win one the hard way (pick a jury, cross-examine witnesses, etc.). It was a no breath test case. Client age 30, very good appearance, very courteous and cooperative with the cop. Stop was for speeding and erratic driving. Cop wrote that client slurred his speech, but backed off after viewing video. Cop remembered after a year and a half client ran over a curb, and fumbled for his license and insurance, though these observations were not noted in his report, and were not obvious from the video. Client lost his balance a few times on the FST’s, so that was the focus of our defense. FST’s were done on an incline, which we proved with photos of a carpenter’s level on the sidewalk. Cop varied here and there from the FST guidelines/instructions in the book, but blew off those variations as insignificant. The NHTSA manuel is very clear that the instructions, etc., are to be followed in the standardized manner or the test is invalid. We were able to get this into evidence through the cop. It is absolutely essential to have a NHTSA manuel in order to effectively cross-examine a cop on FST’s. We also had two excellent sobriety witnesses (drinking buddies that night — one a Lubbock firefighter, the other a local real estate guy) who testified without any cross-examination that client was not intoxicated. Twenty minute not guilty verdict today. Thanks to my law clerk J.D. Schmidt for assisting.
In CCL#2, Steve Hamilton and Nicky Boatwright won a motion to suppress evidence in a DWI case, as the jury panel was waiting for voir dire. The issue was the reasonable suspicion for the stop. Apparently, the cop was dispatched on a domestic violence call, and was given a description of a suspect vehicle. The vehicle was stopped without any further reason other than the dispatch. Congratulations to Steve and Nicky.
