Significant Cases

State Felony Court

Case Agency: Mclennan County 54th District Court

Case Title: State of Texas v. J.S.

Participated As: Defense Counsel

Role: Lead Counsel

Principal Issues: Client facing life in prison without parole for a super aggravated first degree felony charge of Organized Crime-Murder.  This case filed by Mclennan County District Attorney Abel Reyna results from the famous "Biker Shootout at Twin Peaks" in Waco, Texas.  My client was arrested, held on $1 million bond, his $33,000 Harley Davidson Motorcycle seized by law enforcement along with his Bandito Jacket and Patches.  My client is a member of the Bandito Motorcycle Club.  He was arrested for being present only.  The video of the event taking place clearly shows J.S. walking away from the activity, avoiding the fight altogether, and never had a weapon on his person, or on his bike.  First priority was to make bond.  Next, to get case dismissed. And finally, get his motorcycle and patches out of "jail" and returned to their owner.  The evidence consisted of tens of thousands of documents, pictures, videos, and personal information about ALL the 155 individuals arrested the day of the event.

Prep / Negotiation (hrs): 748 hrs

Trial (days): 0 / No trial necessary

Result: After several requests in writing to District Attorney Abel Reyna and personal face to face conversations the charges against J.S. are now dismissed.

Describe: Client J.S. arrived at Twin Peaks on his Harley Davidson Motorcycle approximately two minutes prior to the shootout began between the Bandito and Cossack Motorcycle Clubs.  J.S. got off his motorcycle.  Called his wife.  And started walking toward the front of the Twin Peaks Restaurant.  The purpose of my clients attendance was a COC (Confederation of Clubs) Meeting which is like a political activitist or lobbying group for motorcycle enthusiast.  By the way, my clients entire arrival, walk, and retreat from the episode is captured on video.  J.S. met a friend and shook his hand.  He was standing in the parking lot talking to his friend when the fight began with gunshots.  At the time the shootout began on another camera you can clearly see a black suburban with two heavily armed individuals pull up in the parking lot next to Twin Peaks at Don Carlos Restaurant.  In the video of the black suburban you see the two men exit with high caliber automatic weapons with body armour take firing positions using the vehicle for cover.  The two law enforcement officers open fire at exactly the same time the first gun shot is heard.  These two officers killed 8 out of the 9 individuals killed that day.  Yes, law enforcement killed 8 individuals, but these officers were cleared by an internal affairs investigation conducted by their very own Waco Police Department.  J.S. hears the shots and quickly walks away from the shooting and fighting to the west side of the building.  He was arrested for simply being there.  My client a 55 year (young) male from Navarro County who is married for 37 years to his wife who works for the Federal Government.  J.S. is a Superintendent over Construction of Water Purifying Plants throughout the United States.  After years of meetings with prosecutors, emails, and letters requesting dismissal in the interest of justice the word finally came on May 8, 2018 that J.S. case is now DISMISSED.  Next, I have to get his motorcycle returned and his personal club patches.  I also have a Federal Lawsuit filed in the Western District of Texas naming the City of Waco, Mclennan County, and the police officer who made the bogus warrant for arrest.

Disposition: Dismissed

Date Concluded: May 8, 2018

State Juvenile Bench (Judge) Trial

Court Agency: Ellis County 443rd District Court

Case Title: State of Texas v. Juvenile

Participated As: Defense Counsel

Role: Lead Counsel

Principal Issues: 13 year old juvenile admitted to abusing 11 and 8 year old siblings.  District Attorney wanted to remove Juvenile from home entirely.  Parents had kept the Juvenile in home using surveillance equipment (cameras and door monitors) to ensure that there were no unsupervised contact between the children and Juvenile.  Judge of Court left the Juvenile in home while case was pending for a period of approximately one year.

Prep / Negotiation (hrs): 164 hrs

Trial (days): 1 day

Result: Juvenile ordered to remain in home with parents and family as requested by Defense Counsel.

Describe: Juvenile faced five felony charges involving Sexual Assault of Children (though the Juvenile was a child himself at the time of assault).  DA in Ellis County wanted Juvenile placed in alternative home.  Parents requested that I plead to the Court to Order Juvenile remain in home.  Court listened to parents testimony and testimony of two expert witnesses (psychologist / psychiatrist / licensed sex offender counselor) and found in Juvenile favor to remain in home.

Disposition: Juvenile found Delinquent / Allowed to remain in home with family instead of removal to foster home.

Date Concluded: 04/20/18

State Misdemeanor Jury Trial

Case Title: State of Texas v. C.L.

Court / Agency: Navarro County Court

Participated As: Defense Counsel

Role: Lead Counsel

Principal Issues: DWI with .15 over BAC (class A misdemeanor).  Defendant had a Breath Test on the Intoxylizer 500 in November of 2014 and the results are .178 and .170 Blood Alcohol Concentration.  The legal limit in Texas to operate a Motor Vehicle is .08.  Because the test results are above .15 the charge is raised from a DWI Class B Misdemeanor to a DWI Class A Misdemeanor.  DPS Trooper stopped Defendant for the allegation of speeding.  DPS Trooper as a certified operator of the Intoxylizer 5000 SHALL observe the Defendant for 15 minutes directly preceding the Defendant blowing into the machine.

Prep / Negotiation (hrs): 138 hrs

Trial (days): 4 days

Result: Not Guilty

Describe: This case was tried to a jury twice.  The first trial ended in a Hung Jury 5-1 against us.  The State decided to try the case again.  As Defense Counsel I exploited the fact that the DPS Trooper did not clearly observe the 15 minute waiting period prior to Defendant blowing in the Intoxylizer Machine.  The States Expert testified that if the DPS Trooper did not complete the 15 minute waiting period the breath test result shall be invalidated.  A jury instruction was put in the charge stating that if the jury was not convinced beyond a reasonable doubt that the 15 minute observation period was completed then the jury shall disregard the breath test results.  Another issue in the trial was the location of Defendant's car at the time the DPS Trooper allegedly hit it with radar.  There is a 45 mph zone and it turns to 55 mph zone at the same location the office testified he clocked Defendant going 51 mph.  A fact issue as to whether the Defendant's car was located in the 45 mph or 55 mph zone existed.  Section 38.23 of the Code of Criminal Procedure states "all evidence compiled in violation of the Constitution of the United States or Texas Constitution shall not be held against the Defendant."  A jury instruction asking the jury to determine if the stop of the Defendant's car is legal asked the jury to determine legality of said stop.  If the jury could not unamiously agree that the stop of Defendant's car is legal the jury is hung.  If the jury determines the stop of the vehicle is illegal then the jury is thereby ordered under the law to find the Defendant NOT GUILTY.  And after one hour of deliberations the jury returned the NOT GUILTY verdict.

Disposition: Expunction Granted

Date Concluded: 04/27/18

State Felony Jury Trial

Case Title: State of Texas v. K.W.

Court / Agency: Navarro County Court at Law

Participated As: Defense Counsel

Role: Lead Counsel

Principal Issues: Indecency with a child by contact 2nd degree felony. Defendant accused of indecency with a child by contact. In order to be guilty the Defendant must have touched the 15 year old girl's vagina, anus, or breasts to arouse the sexual desire of Defendant. The allegation was that Defendant grabbed the 15 year old between the legs on her vagina and squeezed it while she was fully clothed through her jeans. Defendant was a convicted felon and due to his extensive felony history if found guilty of the charge was enhanceable to a term of minimum 25 years to maximum life in prison. The charge without enhancements if found guilty carried a range of punishment of 2-20 years in prison.

Prep / Negotiation (hrs): 284

Trial (days): 4 days

Result: Not Guilty

Describe: The plea offer from the State of Texas prior to jury trial was 35 years in prison. The jury found the 15 year old girls testimony to be inconsistent and therefore unbelievable. Further, the detective from Corsicana Police Department was caught lying to the jury. Only after I asked the Judge for a break for the detective to view the interview with a witness did the detective come back to court and admit he had in fact lied to the witness about a statement the Defendant did not make. The jury deliberated for 11 hours. For 10 ½ hours one juror held out as the vote was 11 not guilty to 1 guilty. After the jury requested the definition of beyond a reasonable doubt from the Judge and the answer sent back, "there is no legal definition of beyond a reasonable doubt", the jury knocked on the door and handed the verdict of not guilty to the bailiff at 1:30 a.m. on a Thursday morning.

Disposition: Expunction Granted.

Date Concluded: 03/08/2018

State Misdemeanor Jury Trial

Case Title: State of Texas v. R.B.

Court / Agency: Navarro County Court

Participated As: Defense Counsel

Role: Lead Counsel

Principal Issues: DWI, class B misdemeanor, in Navarro County on BU 45 in Corsicana. Defendant speeding 49 in a 35 mph speed zone. Corsicana Police Department Officer pulled Defendant over. Defendant got out of vehicle as the Officer came to the vehicle. The Blood Alcohol Content Lab Test was .129. The legal limit in Texas for intoxication is .08.

Prep / Negotiation (hrs): 147

Trial (days): 3 days

Result: Not Guilty

Describe: The plea offer from the State of Texas prior to trial was 2 years probation, $1,000 fine, $400 court costs, 80 hours community service, DWI Class, $50 a month to probation department and monthly check-ins to probation. As Defendant exited his pickup he stumbled away from pickup but caught himself with his hands on side of pickup. Defendant told Officer he suffers from dyslexia and therefore could not recite his ABCs. Defendant did not perform the walk in turn or the one leg stand test because of a knee injury and the fact that his left knee was visibly shaking to the Officer. DPS came in and did the SFST's (Standardized Field Sobriety Test). Defendant failed the HGN eye test with 6 out of 6 clues according to the DPS Officer. Defendant passed the finger-thumb touch test. The Blood Draw was taken at 1:45 a.m. The CPD Officer pulled Defendant over on the road at 11:55 p.m. The time between the stop of the vehicle on the public roadway and the blood draw when the alcohol level was measured made a huge difference to the jurors. The State of Texas put on no retrograde extrapolation (Expert does math to find the BAC at time of driving).

Disposition: Expunction Granted.

Date Concluded: 03/01/2018

State Felony Motion to Suppress

Case Title: State of Texas v. A.L.

Court / Agency: Navarro County Court at Law

Participated As: Defense Counsel

Role: Lead Counsel

Principal Issues: 3rd degree felony. Defendant was pulled over on State Highway 31 in Corsicana, Texas by Wal-Mart in the early evening by a Corsicana Police Department Officer for allegedly not having a license plate light and/or the license plate not being visible for a minimum of 50 feet. As the Officer walked up to the pickup he stated on his Coban audio recording "the light is not out." The Officer continued the stop and asked A.L. to step out of the pickup. A.L. had a no valid driver's license as his was suspended. A.L. was on probation for a drug charge at the time of the stop. The Officer took A.L. to jail and in the jail a controlled substance was found on A.L. according to the allegation. The main issue was if the stop was valid and if the stop was NOT valid should all the evidence and the arrest be suppressed as fruit of the poisonous tree for violation of the 4th Amendment to the US Constitution.

Prep / Negotiation (hrs): 64

Trial (days): 1 day

Result: Not Guilty

Describe: Issue at Motion to Suppress was whether the Officer could see the license plate light 50 feet from the vehicle. On the video shown at the hearing and entered into evidence the Officer admitted he could see the license plate clearly at a distance of 50 feet.

Disposition: Motion to Suppress Evidence and Arrest Granted.

Date Concluded: 02/2018

Civil Litigation Jury Trial

Case Title: Opitz (Ex-Wife) vs. Opitz (Ex-Husband and his mother and father partner's in dairy)

Court / Agency: Van Zandt County 294th Judicial District Court

Participated As: Defendant's Counsel
Role: Lead Counsel
Principal Issues: Ex-Wife (Plaintiff) of Dairy Owner-Ex-Husband (Defendant), who is partners with his mother and father in a ten-million-dollar entity, sued her Ex-Husband and his mother and father for partition (division) of five different rural properties making up dairy grazing pastures worth over two-million-dollars. Ex-wife desired to force the sale of the five properties arguing that the Final Divorce Decree in her past marriage did not include provision for the property. Defendant argued at trial that the land is owned by the Partnership (Dairy) and not individuals therefore the Final Divorce Decree that clearly stated Plaintiff "is to be paid $50,000 for all her interest in the Dairy did divest Plaintiff of her share of ownership in the over two-million-dollars of land. Unanimously the Jury of Twelve Van Zandt County Citizens agreed with Defendant and the Ex-Husband and his parents, along with the dairy partnership, retainer ownership of the land in question.
Prep / Negotiation (hrs): 328
Trial (days): 7 days
Result: Jury found that Ex-Wife did not have an ownership interest in the property.
Describe: Jury didn't see much credibility in the Plaintiff as cross-examination by lead counsel discovered that Plaintiff did not really believe that money was owed to her and that she was simply following the lead of her two over-zealous attorneys from Tyler, Texas.
Disposition: Plaintiff took nothing
Date Concluded: 10/2017

Civil Litigation Jury Trial

Case Title: Shelton vs. Salazar

Court / Agency: Navarro County 13th Judicial District Court

Participated As: Plaintiff's Counsel
Role: Lead Counsel
Principal Issues: Salazar (Defendant) admitted to running a red light at a cross street in Corsicana, Texas resulting in the T-Bone of Shelton's (Plaintiff's) car. The car wreck occurred in 2010. It took six years to get the case to jury trial. Plaintiff at the time of trial was eighty-one year's old. The insurance company for Salazar offered $2,500 prior to trial in an effort to settle. Plaintiff rejected the offer. At jury trial the jury awarded $104,000 in favor of Shelton payable by Salazar and her insurance company Farmers.
Prep / Negotiation (hrs): 236
Trial (days): 4 days
Result: Jury found that Shelton deserved $104,000 for her pain and suffering.
Describe: Jury found no medical damages only pain and suffering and mental anguish each for past and future damages in the amount of $104,000 plus interest.
Disposition: Plaintiff received $104,000
Date Concluded: 12/2016

State Felony Jury Trial


Case Title: State of Texas v. J. O.
Court / Agency: 13th Judicial District
Participated As: Defense Counsel
Role: Lead Counsel
Principal Issues: Defendant stopped on local highway late one evening by a local city police department officer in BG. Defendant arrested for DWI 3rd or more and incarcerated in Navarro County Jail. Defendant voluntary gave a breath sample to law enforcement. Intoxylizer 9000 was utilized as it is the newest technology on the market for breath samples. Defendant blew a .129 and .124 BAC. Defendant had a good video and did very well on the field sobriety test given by BG officer.
Prep / Negotiation (hrs): 159
Trial (days): 5 days
Result: Not Guilty
Describe: Jury determined that Defendant appeared to have the normal use of his mental and physical faculties on the video provided by the BG Officer. Defendant spoke well on the video and carried on a conversation with both the BG Officer and a DPS Officer brought into operate the Intoxylizer 9000. BG Officer admitted to making mistakes on the Horizontal Gaze Nystagmus (eye test) and thereby agreed the entire field sobriety test battery given was flawed. Not Guilty.
Disposition: Expunction Granted.
Date Concluded: 11/2017

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