Significant Cases

State Felony Jury Trial
Case Title: State of Texas vs. K. A.
Court/Agency: 13th Judicial District
Participated As: Defense Counsel
Role: Lead Counsel
Charge/Offense: Possession of Controlled Substance PG 1 less than 1 Gram
Principal Issues: Defendant pulled over as passenger of car with another female (driver) and male (passenger in back seat). Officer allegedly found a short straw in defendant’s purse with suspected residue of cocaine (trace amount). Not even anything to weigh. Defendant never been in trouble and attending a University at time of arrest. DA attempted to give defendant a misdemeanor etc. but defendant wanted a trial to clear her name. Not Guilty.
Prep/Negotiation (hrs): 109
Trial (days): 5 days
Result: Not Guilty
Describe: Jury didn’t like the fact there was no substance seen with the eye on the straw as they passed it around during trial when I handed it to them. Also there were three straws found in the car, only one in defendant’s possession; however only two were tested. How did the jury know the untested straw was not defendants? Not Guilty.
Disposition: Expunction Granted
Date Concluded: 06/2017

State Felony Jury Trial
Case Title: State of Texas vs. V. R.
Court/Agency: 13th Judicial District
Participated As: Defense Counsel
Role: Lead Counsel
Charge/Offense: Continuous Sexual Assault of Child (Carries Range of Punishment 25-life in Penitentiary)
Principle Issues: Defendant, 67 year old Hispanic male who stayed home with his wife's mother for years while wife worked as a teacher, charged with Continuous Sexual Abuse of a Child. Six years had passed and his niece who was now 14 accused client of sexual fondling and sex when she was 8 years old and staying after school with defendant at her grandmother’s house. Defendant actually provided child care for alleged victim and sisters. Charged with continuous sexual abuse which carries 25 to life with no parole. Not guilty in 45 minutes by jury. Utilized expert from Austin.
Prep/Negotiation (hrs): 222
Trial (days): 5 Days
Result: Not Guilty
Disposition: Not Guilty
Date Concluded: 04/2016

State Felony Jury Trial
Case Title: State of Texas vs. C. J.
Court/Agency: Navarro County Court at Law
Participated As: Defense Counsel
Role: Lead Counsel
Charge/Offense: POCS
Principle Issues: Defendant worked for Dr Pepper as salesman and had been employed for ten years. Defendant was seized in his work vehicle in front of his home by a patrol officer and undercover officer. Question of Reasonable Suspicion of Articulable Facts and legal seizure was submitted to the jury under 38.23 of Code of Criminal Procedure. Defendant found with one Xanax pill and state charged with possession dangerous drug in a drug free zone because his home near a park. A State Jail Felony. Defendant never been in any trouble in his life. Question in jury charge to illegal seizure prior to search finding Xanax and jury got hung on that Issue never addressing possession, Jury hung 10-2 in our favor.
Prep/Negotiation (hrs): 157
Trial (days): 4 Days
Result: Hung Jury
Disposition: Defendant passed away due to stroke awaiting sentencing
Date Concluded: 07/2015

State Felony Jury Trial
Case Title: State of Texas vs. W. H.
Court/Agency: 13th Judicial District
Participated As: Defense Counsel
Role: Lead Counsel
Charge/Offense: Deadly Conduct / 3rd Degree Felony Facing 2-10 years in penitentiary
Principle Issues: Defendant accused of shooting at neighbor 100 feet away across the fence while neighbor was mowing pasture close to defendant’s property. Defendant called his girlfriend while in standoff with neighbor and told her to bring the 30.06 deer rifle. Girlfriend brought deer rifle and defendant shot gun. Defendant stated shot in ground but we never could find bullet. Alleged victim stated defendant shot gun in his direction. Not Gu1lty.
Prep/Negotiation (hrs): 136
Trial (days): 4 Days
Result: Not Guilty
Disposition: Expunction Granted
Date Concluded: 10/2014

State Felony Jury Trial
Case Title: State of Texas vs. J. P.
Court/Agency: 13th Judicial District
Participated As: Defense Counsel
Role: Lead Counsel
Charge/Offense: Cont. Sexual Assault of Child (25 to life in penitentiary without parole if found Guilty)
Principle Issues: Defendant accused of continuous sexual abuse of a child carrying punishment of 25 to life without parole. Defendant was living in Georgia and was extradited back to Texas. Defendant was accused by his ex-wife’s daughter who was now 16. After cross examination, expert testimony, and a late phone call to my office on the fifth day of trial by an Anonymous caller who stated that the step daughter was making up the lie. My secretary that took the call was allowed to testify to the statement. Jury found client not guilty after 2 hours.
Prep/Negotiation (hrs): 276
Trial (days): 5 Days
Result: Not Guilty
Disposition: Expunction Granted
Date Concluded: 11/2013

State Felony Jury Trial
Case Title: State of Texas vs. T. M.
Court/Agency: Navarro County Court at Law
Participated As: Defense Counsel
Role: Lead Counsel
Charge/Offense: Cont. Sexual Assault of Child (25 to life in penitentiary without parole if found Guilty)
Principle Issues: Defendant was a citizen of a United States Territory who came to Navarro County to go to school. He stayed in USA and at the time he had a job at a local factory. His brother and him both were accused by his brother’s stepdaughter of having sex with her and she was thirteen at the time. Testimony at trial under cross exam had holes in it. Evidence of defendants flee to another State in an attempt to get back to USA Territory was allowed In front of jury over my legal argument of relevance and the evidentiary balancing test. Jury found not guilty of continuous sexual abuse of a child (a 25 minimum to life with no parole range of punishment in the penitentiary) but guilty of one count of aggravated assault (a 5 to life with parole range of punishment in the penitentiary but must do ½ time due to aggravated circumstances).
Prep/Negotiation (hrs): 243
Trial (days): 6 Days
Describe: Not Guilty on original charge Guilty on Lesser Included
Disposition: 25 Years TDCJ / Eligible for Parole in 12 ½ years
Date Concluded: 10/2013

State Felony Jury Trial
Case Type: Criminal
Case Title: State of Texas vs. K. R.
Court/Agency: 13th Judicial District Court
Participated As: Defense Counsel
Role: Lead Counsel
Charge/Offense: Burglary of Building State Jail Felony (range of punishment 6 month – 2 years in penitentiary)
Principle Issues: Defendant accused of burglary. His brother came to court and testified it was him. Defendant looked exactly like the man in the video breaking in to the business. Even defendants cap worn to trial looked like the same as hat on video. Not guilty based on reasonable doubt because the brother that testified looked exactly like my client and it confused the jury so they couldn’t find beyond a reasonable doubt it was my client.
Prep/Negotiation (hrs): 98
Trial (days): 4 Days
Result: Not Guilty
Describe: Utilized the testimony of brother who looked the same as my client and jury believed testimony of brother.
Disposition: Expunction Granted
Date Concluded: 02/2014

State Felony Jury Trial
Case Type: Criminal
Case Title: State of Texas vs. T. P.
Court/Agency: 13th Judicial District Court
Participated As: Defense Counsel
Role: Lead Counsel
Charge/Offense: 2 Counts Continuous Sexual Assault of Child (25 years to life without parole on each count if found Guilty)
Principle Issues: One of first cases I tried. Two sons alleged defendant played with their butts in the bathroom and that client touched them with his penis. Defendant testified to his innocence. There was also evidence that mom of children was still taking money from client to purchase a car and that mom of children was having an active affair at the time the allegations were made. Jury not guilty in 30 minutes
Prep/Negotiation (hrs): 287
Trial (days): 5 Days
Result: Not Guilty
Describe: Client setup of by his wife and wife’s mother in an effort to take children and all money attempting to exclude T.P. from children’s lives.
Disposition: Expunction Granted
Date Concluded: 1/2013

State Felony Jury Trial
Case Type: Criminal
Case Title: State of Texas vs, B. H.
Court/Agency: 13th Judicial District Court
Participated As: Defense Counsel
Role: Lead Counsel
Charge/Offense: Assault of Public Servant
Principle Issues: Defendant accused of knocking out a tooth of a jailer while incarcerated. I argued Self-defense and had defendant testify. Jury found not guilty. Defendant had been in and out of jail constantly,
Prep/Negotiation (hrs): 143
Trial (days): 4 Days
Result: Not Guilty
Disposition: Expunction Granted
Date Concluded: 07/2012

State Felony Jury Trial
Case Type: Criminal
Case Title: State of Texas vs. L. M.
Court/Agency: 13th Judicial District Court
Participated As: Defense Counsel
Role: Lead Counsel
Charge/Offense: Failure to Register as Sex Offender
Principle Issues: Defendant was a long time sex offender in the community. He was in a city park at the time officer’s approached. Officer had defendant on video asking him questions. Charged defendant with not following sex offender registration guidelines because the house he was living in burned down and he was living on the porch of a sister and never had reported address change. There was a lot of Police verbal and mental abuse in the trial that came forward by the arresting officer toward defendant. Jury didn't like it and found defendant not guilty.
Prep/Negotiation (hrs): 153
Trial (days): 4 Days
Result: Not Guilty
Describe: Arresting Officer’s attitude helped client earn the not guilty. Client was homeless.
Disposition: Expunction Granted
Date Concluded: 06/2012

Felony Jury Trial
Case Type: Criminal
Case Title: State of Texas vs. J. L.
Court/Agency: Navarro County Court at Law
Participated As: Defense Counsel
Role: Lead Counsel
Charge/Offense: Aggravated Assault with a Deadly Weapon Principle Issues: Defendant stabbed alleged victim 11 times and victim flown by helicopter to hospital seventy miles. It was all over a girl. The two men had been friends in past but were now in different Latino criminal gangs. I argued self-defense and had defendant testify. Jury found not guilty in 1 hour. Prep/Negotiation (hrs): 195
Trial (days): 5 Days
Result: Not Guilty
Describe: There was a lot of history between the two. There was evidence of an ambush setup by the female and self-defense in front of the jury. Not guilty even though my client stabbed complainant 11 times in stomach/chest area.
Disposition: Expunction Granted
Date Concluded: 05/2012

Felony Jury Trial
Case Type: Criminal
Case Title: State of Texas vs. J. K.
Court/Agency: 13th Judicial District Court
Participated As: Defense Counsel
Role: Lead Counsel
Charge/Offense: Theft over $1500 under $20000
Principle Issues: Defendant accused of stealing an old washer from a female friend who was a stripper and who was living in owner of strip clubs building. Female told client he could have the junk if he would just clean up yard. Owner of property pressed charges. Jury believed my client had permission from female who was effectively the tenant and there was no way the defendant could know he had no permission.
Prep/Negotiation (hrs): 154
Trial {days): 4 Days
Result: Not Guilty
Describe: Client was a victim of circumstance. Female gave permission to client to get junk; however owner of the strip club though different and pressed charges. Not Guilty Disposition: Expunction Granted
Date Concluded: 02/2012

State Felony Jury Trial
Case Title: State of Texas vs. M. H.
Court/Agency: Navarro County Court at Law
Participated As: Defense Counsel
Role: Lead Counsel
Charge/Offense: Aggravated Assault with Weapon
Principle Issues: Defendant (M. H.) had two prior felony convictions including time in the Texas Penitentiary. Two lovers decided to have a party with the female’s side boyfriend and the boyfriends’ mom. Defendant was invited. The party started at noon. There's a history of assault both ways between the lovers. After about 8 hours and three trips to the liquor store, marijuana smoking, Xanax, and hydrocodone by all involved an argument started over a dog shared by the lovers. Defendant allegedly hit female with dog chain several times, pushed her down, and hit her. During trial on my cross-examination the states witnesses lost all credibility with the jury.
9 not guilty and 3 guilty.
Prep/Negotiation {hrs): 125
Trial (days): 4 Days
Result: Hung Jury
Describe: Due to the lack of ability to obtain a conviction the State offered three years’ probation. Client concerned about history.
Disposition: Plea of Probation after trial
Date Concluded: 03/2017

State Felony Jury Trial
Case Title: State of Texas vs. J. N.
Court/Agency: 13th Judicial District
Participated As: Defense Counsel
Role: Lead Counsel
Charge/Offense: Evading Arrest~ Enhanced (Class A Misdemeanor facing 2-20 years due to enhancement)
Principle Issues: Client (J. N.) history of crimes and been to penitentiary several times. State enhanced an otherwise Class A Misdemeanor Evading to a State Jail Felony based on prior history. Defendant seen on police video on scene a block south of home police went to arrest defendant on non-related felony. Defendant crossed the road fleeing police. Officer was out of vehicle and looking in bushes and didn't see defendant but jury saw defendant fleeing on police video. Chase ended near railroad track. I was able to get in jury charge that state had to prove that defendant was fleeing a certain officer and put officer name in charge due to the indictment. I argued to jury that defendant didn't know an officer was chasing him, Jury hung 8 not guilty to 4 guilty. Ended up taking time served class A Misdemeanor.
Prep/Negotiation (hrs): 134
Trial (days): 4 Days
Result: Hung Jury
Describe: Due to criminal history pled
Disposition: Plea to Class A Misdemeanor time served after trial (from habitual 2-20 years).
Date Concluded: 12/2016

State Felony Jury Trial
Case Title: State of Texas vs. R. W.
Court/Agency: 13th Judicial District
Participated As: Defense Counsel
Rote: Lead Counsel
Charge/Offense: POCS PG 1 over 4 under 200 with Intent to Deliver
Principle Issues: Defendant been to penitentiary on drug charges at least 3 times. State enhanced to habitual status (25-life) and tried defendant on 1st degree felony. Jury didn't believe defendant was distributing the meth even though my client was caught red handed with 55 grams in a hotel room. A narc was involved that I had subpoenaed during trial and he testified on behalf of defendant however after testifying first for defense I recalled after states rebuttal and judge appointed an attorney. Jury deliberated for 26 hours. Convicted of lesser included 2nd degree possession.
Prep/Negotiation (hrs): 167
Trial (days): 7 Days
Result: Conviction for 2nd degree felony
Describe: Not Guilty on original charge Guilty on Lesser Included (2-20 years if not enhanced by habitual offender)
Disposition: Penitentiary Time on Lesser Included
Date Concluded: 10/2016

State Felony Jury Trial
Case Title: State of Texas vs. J. C.
Court/Agency: Navarro County Court at Law
Defense Counsel
Role: Lead Counsel
Charge/Offense: Assault on Public Servant
Principle Issues: Defendant charged with assaulting 3 jailers while in lock up. Everything on Video. State offer was five years in penitentiary. Pretty straight forward case. Attempted to use self-defense but jury did not agree. However, I beat the recommendation from the state.
Prep/Negotiation (hrs): 99
Trial (days): 4 Days
Result: Guilty
Disposition: Probation given by Judge
Date Concluded: 10/2016

State Misdemeanor Jury Trial
Case Title: State of Texas vs. C. L.
Court/Agency: Navarro County Court
Participated As: Defense Counsel
Applicant's Role: Lead Counsel
Charge/Offense: DWl
Principle Issues: Whether defendant was guilty of DWl class A over .15 BAC first offense. Further, whether the stop
was supported by Reasonable Suspicion of Articulable Facts due to an difference in whether defendant was speeding at the time the officer decided to pull car over at 2 a.m. Hung jury as to Reasonable Suspicion of Articulable Facts and probable cause. Jury instruction under 38.23 CCP led to a hung jury as there never was an unanimous vote by jury finding stop was legal.
Prep/Negotiation (hrs): 71 hours
Trial (days): 3 Days
Result: Hung Jury
Describe: The jury couldn't reach whether client is guilty of DWl because 1 juror didn't believe the traffic stop was legal under 38.23 CCP and I had jury instruction. Therefore the state has an opportunity to either try again or dismiss and of course we have the option to plea. Disposition: Pending Re-Trial
Date Concluded: 03/2017

State Misdemeanor Jury Trial
Case Title: State of Texas vs. S. Q
Court/Agency: Navarro County Court
Participated As: Defense Counsel
Applicant's Role: Lead Counsel
Charge/Offense: Deadly Conduct & Unlawful Possession of Fire Arm both Class A Misdemeanors Principle Issues: Whether defendant illegally possessed a firearm and whether defendant waived
a firearm at passing motorist on I 45
Prep/Negotiation (hrs): 64
Trial (days): 4 Days
Result: Not Guilty
Describe: Cross examination of eye witness/complainant by me led to jury not believing state case
Disposition: Expunction Granted on both cases
Date Concluded: 12/2016

State Misdemeanor Jury Trial
Case Title: State of Texas vs. M. P.
Court/Agency: Navarro County Court
Participated As: Defense Counsel
Applicant's Role: Lead Counsel
Charge/Offense: DWI
Principle Issues: DWl 11.2 and 11.9 breath test. Had passenger witness (defendant girlfriend). Testified for state but under cross helped defendant.
Prep/Negotiation (hrs): 82 hours
Trial (days): 4 days
Result: Not Guilty
Describe: Jury did not believe client was intoxicated
Disposition: Expunction Granted
Date Concluded: 10/2016

State Misdemeanor Jury Trial
Case Title: State of Texas vs. J. W.
Court/Agency: Navarro County Court
Participated As: Defense Counsel
Applicant's Role: Lead Counsel
Charge/Offense: DWI
Principle Issues: .083 and .089 BAC. Through cross exam used state expert to mathematically adjust BAC due to accepted error rate by DPS below legal driving limit of .08. Prep/Negotiation (hrs): 84 hours
Trial (days): 4 Days
Result: Not Guilty
Describe: I used the states expert against the state having her calculate the BAC below .08.
Disposition: Expunction Granted
Date Concluded: 05/2016

State Misdemeanor Jury Trial
Case Title: State of Texas vs. K. J.
Court/Agency: Navarro County Court
Participated As: Defense Counsel Applicant's Role: Lead Counsel
Charge/Offense: DWI
Principle Issues: .12 and .125 BAC. Deputy Sheriff was arresting officer. Question as to proficiency of knowledge on administering Standardized Field Sobriety Tests and knowledge of Reasonable Suspicion of Articulable Facts and Probable Cause to stop defendant. Client just completed nursing school at Navarro College and was scheduled to take the nursing licensing exam for Texas at time of stop.
Prep/Negotiation {hrs}: 85 hours
Trial (days): 4 Days
Result: Not Guilty
Describe: Client stood beside me and took the case to trial based on lack of evidence and facts that did not align with the test results. Not Guilty and client got licensed to be a nurse.
Disposition: Expunction Granted
Date Concluded: 08/2013

State Misdemeanor Jury Trial
Case Title: State of Texas vs. C. H.
Court/Agency: Navarro County Court
Participated As: Defense Counsel
Role: Lead Counsel
Charge/Offense: POM less than 2 oz.
Principle Issues: Possession of traces of marijuana and a pipe. Cross exam of investigating officer on scene revealed Inaccuracies in prior reports and inconsistency with fellow officer on scene story.
Prep/Negotiation (hrs): 87
Trial (days): 3 Days
Result: Not Guilty
Describe: a very tiny amount of marijuana discovered in floor board of client car. Arresting officer could not give answers than added up to his alleged findings. The marijuana was never tested by the State because there was not enough product to test (allegedly) Not Guilty.
Disposition: Expunction Granted
Date Concluded: 06/2013

State Misdemeanor Jury Trial
Case Title: State of Texas vs. J. W.
Court/Agency: Navarro County Court
Participated As: Defense Counsel
Role: Lead Counsel
Charge/Offense: Theft Class B Misdemeanor
Principle Issues: Defendant accused of stealing boots from local boot store. Prosecutor attempted an OJ moment by requesting my client put on a boot in court in front of a jury. Boot didn't fit. Jury acquitted.
Prep/Negotiation (hrs): 74 hours
Trial (days): 3 Days
Result: Not Guilty
Describe: Officers never found alleged stolen boots. No video of alleged theft. Officers could not help DA prove case.
Disposition: Expunction Granted
Date Concluded: 05/2013

State Misdemeanor Jury Trial
Case Type: Criminal Case Title: State of Texas vs. T. S.
Court/Agency: 13th Judicial District
Participated As: Defense Counsel
Role: Lead Counsel
Charge/Offense: Assault Impede Breath 3rd Degree Felony
Principle Issues: Local police officer arrested for assaulting and threatening his girlfriend including being in his work police uniform in a public place at time threats were made and several witnesses present. Charge also stemmed from event that allegedly occurred in private. I put together a complete jury packet (papers, pictures, letters) and the special prosecutor allowed me to make a copy for each grand juror. Case no billed (grand jury found no probable cause to support indictment or formal charge / dismissed) and officer still has his job after being suspended for 9 months.
Prep/Negotiation (hrs): 47 Trial (days): 0
Result: Other
Describe: No Billed by Grand Jury
Disposition: No case filed
Date Concluded: 04/2016