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Volberding Files Two Family Law Appeals Due To Unfair Rulings

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Wednesday, 03 March 2010 16:09
A fifty-eight year-old teacher, who had been married for 35 years, lost her house and most of her life savings in her divorce due to mistakes made by her divorce attorney. Tyler, Texas family law attorney James W. Volberding filed an aggressive brief in the Tyler Court of Appeals explaining in the restricted appeal that the 15% of community property she received was grossly disproportionate to the husband's 85%. The appeal is pending.  
Read more... [Volberding Files Two Family Law Appeals Due To Unfair Rulings]
 

Oral Arguments Set March 26, 2010 in the Mineola Swinger’s Club Appeals

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Thursday, 18 February 2010 16:14
The Houston 14th Court of Appeals has scheduled oral arguments for Patrick Kelly and Jamie Pittman in the Mineola Swinger’s Club prosecutions for 1:30 p.m., March 26, 2010. Mr. Volberding will argue on behalf of Patrick Kelly, and it promises to be an exciting presentation.
 

Man Released From County Jail After Nearly Five Months on Erroneous Civil Contempt Claim

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Thursday, 18 February 2010 16:09
In September 2009, on the theory that as executor of his mother’s estate Jerry Byrom refused to pay two overdue invoices to an accountant and lawyer who each incurred charges for her guardianship, the 71-year-old Mr. Byrom was locked in the Cherokee County, Texas jail for civil contempt. 

Tyler criminal defense attorney James W. Volberding filed a petition for writ of habeas corpus in the Tyler Court of Appeals asking for Mr. Byrom’s immediate release and briefing the case. Time passed and the court would not make a decision. 

Mr. Volberding then wrote the Chief Justice. After the Chief Justice failed to respond, Mr. Volberding filed a motion to put the case on the accelerated docket, which the court granted, though it still took no action. He then filed two more motions asking for a decision, which the court denied.
Read more... [Man Released From County Jail After Nearly Five Months on Erroneous Civil Contempt Claim]
 

Appeal Filed for 60-Year-Old Client Sentenced to 30 Years for Minor Violations

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Monday, 01 February 2010 15:13

Four months after a 60-year-old man, Curtis Cook, was placed on felony probation in Henderson County, Texas for sexually assaulting a young girl, state prosecutors sought to revoke his probation, alleging that he committed minor sex offender registration violations.

The District Court revoked his probation and sentenced him to 30 years in prison, effectively a life sentence.

On January 4, 2010, Tyler criminal defense attorney James W. Volberding filed a 50-page brief in the Tyler Court of Appeals asserting that the court revoked Mr. Cook’s probation based on inadmissible information, some of which the court received outside the trial process.

Mr. Volberding’s brief challenges the court’s revocation of Mr. Cook’s probation and seeks to have his client placed back on probation. The appeal is currently pending.

 
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Smith County, Texas
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