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

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.

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.

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!

Congratulations to The Tangler.

Great job Chuck!!