Lubbock Criminal Defense Lawyers Association

Bob Heald was in trial this week in the 137th on a Failure to Stop and Render Aid, where his Client was facing 2-20. Mr. Greaser led the case for the State and requested a special issue on a deadly weapon finding. Judge Puryear allowed the special issue to go to the jury, and the jury convicted Bob’s client of Failure to Stop and Render Aid and made a finding of true on the deadly weapon issue. Judge Puryear handed down the sentence today. The sentence was 2 years TDC, and it came also with a dress-down of the state and the equivalent of an apology from the Court to Bob’s client. Judge Puryear, evidently, made reference to the jury’s finding on the deadly weapon issue as a miscarriage of justice and expressed his hope that the state will make better decisions about how to handle such issues in the future. CAN I GET AN AMEN????? Great job Bob!

Fred Stangl had a small victory today. He won an ALR hearing on a DWI “B” with a search warrant blood test. Judge Phillips ruled there was no probable cause to arrest the accused. I’m particularly happy, since the accused is my client.

Chuck

I say that anytime you get B.J. Phillips to let you keep a license, it is no small thing. Good job Fred!

OCDLA is an active membership with a listserv of 350 lawyers. We are hosting our Advanced Criminal Defense and Capital Litigation seminar April 23 & 24 in the OKC area. We would appreciate it if you could post our seminar in your newsletter or on your website and/or listserv. In exchange OCDLA would be pleased to return the favor for your criminal defense organization.

Raymond Shackelford & Cody Cofer received a 13 minute NOT GUILTY in County Court at Law Number Two in Henderson County on DWI-2/Open Container. Citizen pulled over for doing 75 in 55. Regular clues. Does well on SFSTs. Cop finds out about prior felony and DWI. Finally, makes decision to “formally” arrest citizen, but he had probable cause 5 minutes into investigation and continued to “build his case.” During ALR hearing, cop said that he had no evidence that citizen lost normal use of mental faculties. Interesting and scary point……….Gun Barrel City P.D. has policy to only offer Blood test. Citizen refused. Officer did not attempt to obtain warrant. Jury a bit concerned about the whole implied consent, refusal used against citizen, and invasive blood test. All in all, a good day. Additional thanks to Jason Barger, Michael Montoya, and Andy Taylor.