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Wednesday, 21 July 2010 16:02 |
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In 2007, a young Tyler couple lost their home to an unexplained fire which destroyed every personal possession they owned except the clothes they were wearing. The couple lost two pets and nearly lost a horse and a foal. Their insurance company, National Lloyd's Insurance Company out of Waco, Texas, denied their fire claim entirely on the ground that the couple could not show that they held title to the home in their names. (The house was still in the name of their parents, who sold them the house and allowed the couple to assume payments.)
Having lost everything and without help from National Lloyds Insurance Company, the couple struggled to stay alive for three years. Fortunately, they hired Mr. Volberding who filed suit against the company in 2009 alleging that the insurance company was guilty of bad faith insurance practices and breach of contract. Mr. Volberding filed several aggressive motions before trial, seeking to strike the company's expert witnesses and asking summary judgment against the company to bar its legal defenses. During mediation June 18, the insurance company agreed to pay the couple's losses and attorneys fees. |
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Wednesday, 21 July 2010 15:59 |
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In 2006, a Texarkana jury found a local man guilty of selling drugs and sentenced him to 40 years, notwithstanding that the confidential informant who was instrumental in the conviction testified that she planted the drugs at the man's house. After the client's appeals were exhausted, he turned to Mr. Volberding for help. Mr. Volberding filed a civil lawsuit against the client's criminal trial attorney, who committed a string of mistakes with destroyed the client's chances for acquittal in his original trial. After taking the lawyer's deposition, in which he confirmed his trial mistakes, Mr. Volberding sent the deposition to the Court of Criminal Appeals to support the client's application for writ of habeas corpus. In May 2010, the Court agreed that the criminal trial lawyer failed to provide effective representation and ordered a new trial. See opinion. On June 24, Mr. Volberding sought and obtained release of his client on $30,000 bond, pending retrial. Until trial, at least, the client can spend time helping his elderly mother.
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Thursday, 15 July 2010 00:00 |
On July 15 the Fourteenth Court of Appeals reduced Patrick Kelly's bail to $20,000. His attorneys are working to arrange his release on bail pending his next trial. Download order.
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Thursday, 27 May 2010 19:26 |
On May 5, 2010, attorney James Volberding won a new trial for a 55-year-old client in state penitentiary on the basis that the client’s trial lawyer failed to provide a meaningful defense. In 2006, a Bowie County jury convicted the client of possession of methamphetamine with intent to deliver and gave him 40 years, even though the confidential informant used by police testified at trial that she planted the drugs in the client’s house.
Mr. Volberding filed motions and briefs with the Court of Criminal Appeals seeking a writ of habeas corpus for a new trial, arguing that the client did not receive effective assistance of counsel. Mr. Volberding filed a civil lawsuit against the trial attorney, took the attorney’s deposition – which proved that the attorney failed to grasp Texas procedure and rules – and filed the deposition with the Court. The Court agreed that the client was denied a fair trial and ordered a new one. He will soon be released on bond pending re-trial.
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