Lubbock Criminal Defense Lawyers Association

Passing on a recent victory in the 7th COA, take a look at the opinion in Jason Gomez v. State.

http://www.7thcoa.courts.state.tx.us/opinions/htmlopinion.asp?OpinionId=14320

A true LCDLA team effort through and through. Bro. Jesse Mendez tried the case the first time and got the mistrial with a hung jury, many for NG. The State learned, got a new jury and 60 years on round 2, from which Aaron Clements and I appealed. Judge Hancock wrote for the unanimous panel. The opinion does a good job of using straightforward language to deal with the sticky-wickett on the different mens rea requirements from Hill v. State. Everyone should read it. Most ADA’s don’t comprehend it. If we don’t, nobody will. We expect the States PDR request, but we will see. The opinion lays out the facts better than I can here.

David Guinn

I have been in Muleshoe for the last four days trying a murder case. Last night, the jury was out four hours before they came back guilty. We did punishment today (Saturday). Jury assessed 6 (six) TDC.

LESSONS LEARNED/SHOUT OUTS:
Tina Davis rincones for helping me pick a jury.
Muleshoe has six motels, only one is worth it.
David Guinn. I used his pants example in voir dire. Made a prospective juror cry. Ask him or me about that example.
Julian Dominguez is a great investigator for that area. He knows everyone in Parmer and Bailey county.
Don’t laugh when the prosecutor says, “don’t give him life, give him fifty.” The judge doesn’t think its as funny as you do.

Hey guys!  Just wanted to share our victory that we had last week in the 64th district court, Hale county.  Sara Johnson and I had a 1st degree felony Serious Bodily Injury to a disabled individual.  Some basic facts:  daughter and mom get in a heated argument.  Daughter throws a dinner plate at mom, breaking mom’s arm.  Cops are called, mom does not want daughter arrested and the police leave.  Mom goes to doctor and broken arm confirmed.  APS contacts law enforcement and after investigation, and my client giving a full written confession (before being appointed to counsel).  The state offered 12 years TDC.  After hour and 15 minutes deliberation, we got a NOT GUILTY!