Dallas, TX
Appeals Lawyer at Dallas, TX
Practice Areas: Appeals, Criminal Defense ... +2 more
OUTCOME: Not Guilty
Client was accused of "Unlawful restraint" by encircling his arms around an ex against her will. Client denied the act but also said he was not at the location where the alleged act took place. Client ... took his case to a jury when the State would not dismiss.
OUTCOME: Reverse and Remand
The defendant received a 35-year sentence for aggravated robbery committed when he was 17 years old. The Court of Appeals held unconstitutional the prosecutor's argument that the defendant was a not a ... U.S. citizen, was an illegal alien and not eligible for probation. Remand for new punishment hearing.
OUTCOME: Not Guilty
After field sobriety testing, Police alleged defendant was determined to be intoxicated after stopping his vehicle for failing to signal a lane change. After a two day trial, the Jury found defendant n ... ot guilty of DWI in this McLennan County case.
OUTCOME: Judgment reformed and Defendant awarded 211 days of back-time credit
Indigent defendant received maximum sentence of 2 years state jail. Trial Court denied back-time jail credit on the sentence. Court of Appeals reformed the judgment and credited 211 days of back-time ... credit on the sentence.
OUTCOME: Court of Appeals decision reversed, murder case remanded to trial court for fact finding on deliberateness of police conduct
A decomposed body was found. Later Mr. Hunt was said to be a friend of the deceased. Mr. Hunt was subjected to three police interrogations - the first two without Miranda warnings. Mr. Hunt's statem ... ent was admitted against him and he was convicted and sentenced to 99 years imprisonment. Mr. Hunt maintained his innocence at trial asserting that his statement was coerced and untrue. No physical evidence linked Mr. Hunt to the crime scene. Appeal was filed on the ground that the police used an illegal tactic to obtain an incriminating statement known as "question first and warn later".
OUTCOME: Writ relief granted, out-of-time petition allowed
In this murder conviction case, the defendant lost his direct appeal to the Court of Appeals in 2004; however, no petition for discretionary review was filed in the Court of Criminal Appeals. In 2012, ... Defendant filed his writ application alleging he was not timely notified of his right to file the petition. The Texas Court of Criminal Appeals granted relief and allowed defendant to file an out-of-time petition.
OUTCOME: Drug Conviction reversed, evidence suppressed
Stopped for driving in the left lane without passing, Mr. Abney consented to a search which revealed a small amount of marijuana. A motion to suppress challenging the legality of the traffic stop was ... denied and a plea of guilty was entered. Appeal was filed arguing the place of the traffic stop did not have signs prohibiting driving in the left lane without passing and the motion to suppress should have been granted by the trial court. The Court of Appeals affirmed but the Texas Court of Criminal Appeals reversed.
OUTCOME: Granting of defendant's motion to suppress upheld on appeal.
The trial court granted a motion to suppress evidence in Mr. Hummel's DWI case. The State appealed. The Court of Appeals upheld the decision of the trial court in favor of the Defendant.
OUTCOME: Probation revocation reversed by trial court and upheld on appeal
Mr. Crecy's burglary probation was revoked; however, a motion for new trial was granted and the revocation was reversed because the court had lost jurisdiction due to expiration of the probation term. ... The State appealed. The Court of Appeals upheld the granting of the motion for new trial.
OUTCOME: Murder Conviction reversed
Mr. Mendoza killed a person with a knife. Claiming self-defense, Mr. Mendoza was nonetheless convicted of murder by a jury. Over objection, the trial court instructed the jury on the issue of "provoki ... ng the difficulty" meaning self-defense was not available to Mr. Mendoza if the jury found he started the trouble. Appeal followed. The Court of Appeals found in favor of Mr. Mendoza, reversed the conviction and remanded the case for a new trial.
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