Lubbock Criminal Defense Lawyers Association

Jim Moore and I got a not guilty on an ACBI in CC2 on Tuesday against Myers and Slack. I have no good explanation as to how this happened so I guess it is an example of what can be done if you repeatedly beat the jury over the head with the burden of proof. The State rested late Monday and we broke for the night. That night, my client was picked up for allegedly committing Burg. Hab. with intent to commit assault. Yes, you read that part right. They brought our client over in her street clothes and we proceeded. Needless to say, she didn’t take the stand. I gratefully thank, Ron McLaurin, Justin Kiechler, Robin Mathews, Donnie Yandell, Pat Metze and Jaimie Lopez for their assistance. Sorry if I forgot anyone. If you want to know about the best defense bar in the State of Texas, come ask me.

Andy Taylor and Sara Smitherman got a 21 minute Not Guilty in Hale County Court. The charge was criminal trespass. Client’s baby lived with mother at her parents house. Brother in law called police when client visited at 2:30am. Police arrested client without ever criminally trespassing our client before. ADA would not dismiss! Baby momma testified she told client he could come in house.

James Gibbs tried a DWI this week in County Court at Law #2; he was assisted by Brandi Dosser. After a 3 day trial and over 3 hours of deliberations, the jury acquitted James’ client. This was a breath test case (.11, I think), and there was a battle of the experts. I will let James and/or Brandi follow-up with details. Good work, guys!

Dan Warrick got a not guilty yesterday. His client was charged with Agg Assault, apparently in a 2 count indictment. State proceeded on one count, and the jury acquitted.

Eddie said that he will dismiss count 2. Meanwhile, client was released on a PR bond yesterday after being held the required 48 hours for a domestic charge.

No client during jury selection, 9 deputies to cuff him to a wheel chair for court appearance, an in-camera (6 deputies but no D.A.) motion to withdraw hearing and the 1st jury foreman resigned so that his or her signature would not be on the verdict form. Client started his post-conviction outburst before the deputy and Dan could make him understand he was going home.

Well boys and girls, chalk another one up for the Fourth Amendment. The 7thCOA just reversed and remanded a case based on Officer Brady Lewis illegally detaining folks. First Office Lewis sees them speeding, but then testifies that they slowed down and that was why he pulled the vehicle over. Oh and Officer Lewis then mentioned that they were driving fast/slow in a high crime area and that when he pulled the vehicle over, the driver already had his license out. That’s about all the reasonable suspicion held. Court said that wasn’t enough to continue an illegal detention and continued questioning of a passenger of the vehicle after the request for a consent search had been denied.

I will let y’all read the rest of it so that I don’t spoil the ending, but the words “Reverse and Remand” sure do look good in this opinion.

KRISTY R. SIEFFERT, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE

 
Above is the link to the opinion.  If it doesn’t work go on the 7th COA’s website and the Cause number is 07-08-00242-CR.

Joel was in trial in cc2 this week. It was a DWI 2nd, and client was still on probation for the first DWI. Although the jury convicted his client, they still gave her probation, knowing she was on a DWI probation. Great job, Joel.

Congratulations to Dwight McDonald for getting a not guilty on a domestic assault in CC2. Assisted by Ron McLaurin, they won a hard-fought victory. The State tried a good case, but the facts prevailed. Jury was out for arond 2 1/2 hours. See Dwight or Ron for details. great job, guys!

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!

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.