LCDLA.org

2 more wins this week

Laurie Key — Wed, 08 Oct 2008 21:34:29 +0000

Dwight’s “Girlfriend beatin’ bad boy” gets a reprieve for now. Hung Jury yesterday in the 137th despite Judge Puryear’s insisting - while the jury was out - that Dwight’s client would not have to worry about buying new clothes as all of his would be “issued to him” from now on. Dwight: I might rethink going to Puryear for punishment on the retrial.

Sara Moore stood up to Scott Morris this week in the 140th on a Sexual Assault (statutory). Jury was out about 5 hours before hanging 6-6 this afternoon. Early details: Alleged victim was a few weeks shy of her 17th b-day when this occurred.

Good Job Guys!

Emilio Wins in Garza Co.

Phil Wischkaemper — Wed, 08 Oct 2008 20:14:19 +0000

Despite 2 confessions by the accused, Emilio Abeyta won a not guilty in Garza County in a 3-count indictment that alleged sexual assault and indecency by touching and exposure to a child under 6. Accused did not testify. Emilio got the Sheriff to admit that he didn’t stop questioning when the accused asked for a lawyer as well as some other questionable interrogation techniques.

Tough case with bad facts and bad law but a great outcome. Congratulations, Emilio!!!!

Victory: Joel Cook

Phil Wischkaemper — Thu, 02 Oct 2008 15:55:40 +0000

Too soon for details but word is, Joel got a 2 word verdict in his failure to stop and render aid case in the 364th. What makes this even more spectactular is that Joel spent a night in the gated community known as the Lubbock County Jail Tuesday night, getting out about 8:45 yesterday morning, in time to catch a nap and shower for court. Joel’s untimely incarceration was despite Everett’s best efforts to thwart the Lubbock Police at the time of Joel’s arrest by calling the arresting officer a “moron” which the officer promptly proved by mispelling “moron” in his police report. I will see if we can get a copy of the report to pass around.

Great job, Joel!!!!

Dr. Joe A. Adamcik

Metzae — Mon, 15 Sep 2008 13:22:01 +0000

Some of you “pups” may not remember Joe, but for those who do…

091408 OBITUARIES 2 Lubbock Avalanche-Journal
Dr. Joe A. Adamcik died Aug. 20, 2008, at the age of 78 years. He was a retired Associate Professor of Chemistry and Bio-Chemistry at Texas Tech University.
Dr. Joe A. Adamcik

Lubbock Avalanche-Journal
Sunday, September 14, 2008
Story last updated at -

Dr. Joe A. Adamcik died Aug. 20, 2008, at the age of 78 years. He was a retired Associate Professor of Chemistry and Bio-Chemistry at Texas Tech University. He was predeceased by his parents, Joe and Pearlie Mae Adamcik, and was raised in Austin. While in high school he was awarded a full four-year scholarship, which was front page news in Austin in the 40’s. He chose the University of Texas in Austin, where he earned his bachelor’s and master’s degrees. Between these accomplishments, he proudly served his country as a Lt.j.g. in the United States Navy. He then earned his Ph.D. from the University of Illinois, and began teaching at Texas Tech in 1957. During this time, he was honored to serve on the Board of Directors of the American Chemical Society.

He was also dedicated to helping his students in their pursuit of health professions. After holding this position for over 30 years, and thoughtfully considering his future, he decided on early retirement and entered the Texas Tech School of Law, earning his Law Degree in 1991. He became a practicing attorney, but even then was asked to teach a few classes in the Texas Tech School of Law. Sadly, due to failing health, he was forced to retire from his practice, but did serve as a Resolution Counsel when needed.

Dr. “A”, as he was lovingly known by his students, had many interests, one was astronomy. He built two telescopes of his own, and he had just purchased a large telescope to further his studies of the heavens. He still read the classics, studied the Bible, and was an avid follower of recent politics.

One of his greatest joys in his life was of knowing of the continuing love and admiration shown to him by many of his ex-students. In particular, Dr. Twila Lovett and husband Todd of Waco, with special mention of their son, Ian; and Dr. Katherine Timmins-Vollmers and her family of Houston. Special thanks to neighbors Ben Rivera and Lillian Koontz for their friendship and compassion, especially during Dr. Adamcik’s last illness.

Dr. Adamcik is survived by his sister, Jeanette Shelton and husband Emmett of Jemez Springs, N.M.; and by nephews, Ron and wife Laurel, Barry and wife B.J., and Rick and wife Bobbie, all of Albuquerque; and by a niece, Cyndie Shelton of Austin.

Burial has taken place in the Santa Fe National Cemetery in New Mexico as he had wished, with full military honors.

In remembrance of his life, it would be his wish that his friends would be a mentor for a child, encourage a student to press on, to never stop learning, to read a good book, and to look to the heavens for a meteor shower!

LCDLA Close to Creating Nonprofit to Run Private Defender’s Office

Chuck Lanehart — Thu, 21 Aug 2008 14:45:36 +0000

Concerned that mentally impaired indigents too often languish in their jail, Lubbock County officials are trying a new approach - a private defender’s office. It’s a hybrid; a cross between a public defender’s office and the assigned counsel system used in most Texas counties.

Read the full article here.

Victory: Patrick Metze

Phil Wischkaemper — Wed, 20 Aug 2008 17:39:12 +0000

Professor Metze had an appellate win in Cochran county. The State got an lesser included instruction on a lesser that did not exist. Kudos to Chris Dennis for preserving the error and Prof. Pat for getting the “three wise men” in Amarillo to recognize error when they see it. Good job guys.

Victory: Anna Ricker & Anna McSpadden

Patrick S. Metze — Wed, 20 Aug 2008 17:22:35 +0000

Anna Ricker and Anna McSpadden Holland just won an appeal, reversed and remanded, with the sole point of error being the court’s denial of a requested charge of the defense of mistake of fact. Congratulations lady-gladiators!!!

Victory: Ted Hogan

Phil Wischkaemper — Wed, 13 Aug 2008 16:57:04 +0000

Ted Hogan got a Probation from a jury last week on a Possession With Intent to Deliver where Mandi had offered 10 to do. That one goes in the “win” column. Good Job Ted!

Victory: Chuck Lanehart

Phil Wischkaemper — Mon, 11 Aug 2008 14:27:59 +0000

In CCL#1, Chuck Lanehart et al had to win one the hard way (pick a jury, cross-examine witnesses, etc.). It was a no breath test case. Client age 30, very good appearance, very courteous and cooperative with the cop. Stop was for speeding and erratic driving. Cop wrote that client slurred his speech, but backed off after viewing video. Cop remembered after a year and a half client ran over a curb, and fumbled for his license and insurance, though these observations were not noted in his report, and were not obvious from the video. Client lost his balance a few times on the FST’s, so that was the focus of our defense. FST’s were done on an incline, which we proved with photos of a carpenter’s level on the sidewalk. Cop varied here and there from the FST guidelines/instructions in the book, but blew off those variations as insignificant. The NHTSA manuel is very clear that the instructions, etc., are to be followed in the standardized manner or the test is invalid. We were able to get this into evidence through the cop. It is absolutely essential to have a NHTSA manuel in order to effectively cross-examine a cop on FST’s. We also had two excellent sobriety witnesses (drinking buddies that night — one a Lubbock firefighter, the other a local real estate guy) who testified without any cross-examination that client was not intoxicated. Twenty minute not guilty verdict today. Thanks to my law clerk J.D. Schmidt for assisting.

Victory: Steve Hamilton and Nicky Boatwright

Phil Wischkaemper — Mon, 11 Aug 2008 14:25:14 +0000

In CCL#2, Steve Hamilton and Nicky Boatwright won a motion to suppress evidence in a DWI case, as the jury panel was waiting for voir dire. The issue was the reasonable suspicion for the stop. Apparently, the cop was dispatched on a domestic violence call, and was given a description of a suspect vehicle. The vehicle was stopped without any further reason other than the dispatch. Congratulations to Steve and Nicky.