Lubbock Criminal Defense Lawyers Association

The Master of the Mistrial strikes again. Chuck Lanehart had a victory in Cochran County this week. His client, Chris Mills, was charged with a first-degree felony, aggravated assault by using a deadly weapon and causing serious bodily injury to a person in a dating relationship.

The case was initially tried in Hockley County in June of 2008. It was an insanity defense (six mental health experts agreed the client suffered from a serious mental illness at the time of the crime, and two of the experts testified he was legally insane), which the jury quickly rejected, and the client was sentenced to 45 years in prison and a $10,000 fine. The case was reversed on appeal because of improper jury argument (the DA compared the client to mass-murderers Mohammad Atta, John Wayne Gacy, etc.). Fred Stangl and Nicky Boatwright assisted at the first trial, and Fred and Ralph Brock assisted on the appeal.

The judge granted a change of venue to Cochran County, and the re-trial began Monday. This time, the focus was on lack of evidence to prove serious bodily injury (the complainant received multiple stab wounds, but there was some doubt about the severity of the wounds). The jury convicted in 20 minutes. At punishment, mitigation evidence came from several character witnesses and the same six mental health experts, who testified to the client’s history of serious mental illness.

After about two hours of deliberation, the jury sent out a note indicating one of the jurors had informed the rest about a TV news story she had watched indicating that this was a retrial and the first jury had given Chris 45 years. Chuck asked for a mistrial, but before the judge ruled, he negotiated a deal with DA Gary Goff, and the client accepted a sentence of 20 years in prison. Meanwhile, the jury continued its deliberations, and after the plea deal was completed returned with a verdict of 35 years, $10,000 fine. Prior to trial, Gary had rejected a 20-year offer and payment of $10,000 restitution. Chuck reports the client and his family are very happy.

Andy and I took a felony juvenile to jury trial last week in Judge Hatch’s court. The charge was exhibition of a firearm (while on school property). The state headed by Gary Spear would not offer anything short of a conviction. We picked a jury and left Judge Hancock’s son (a police officer) on the jury. The State had two witnesses and a Frenship ISD officer as witnesses. The jury spent a little over two hours deliberating and we got a “we do not” … meaning not guilty!

We spoke with the jury afterwards and they felt that whatever was said, it was not meant to alarm withing the meaning of the statute. They said that they were 10 to 2 not guilty at the very beginning of deliberations!

Fred Stangl had a victory in County Court at Law No. 1 today. Judge Rusty Ladd granted Defendant’s Motion to Suppress Evidence in the case of State vs. Glendyle McCandless, a possession of marijuana case. The case involved police officers entering the defendant’s home without a warrant and conducting a search despite the defendant’s directive: “Go get a warrant, and I’ll notify my lawyer.”

Congratulations to The Tangler.