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Thursday, 27 May 2010 19:25 |
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The 14th Court of Appeals in Houston is working on the appeals of Patrick Kelly, Jamie Pittman and Shauntel Mayo. We expect the court to decide the cases soon. The opinions will be posted here. |
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Thursday, 08 April 2010 18:43 |
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On March 31, Jamie Juarez won his appeal in the Texas Court of Criminal Appeals when the court ordered a new trial because the judge improperly refused to permit jurors to consider the legal defense of necessity. As he was being arrested for burglary, the police officer pressed his full weight onto Jamie's back making it impossible to breathe. As he began to black out, he bit the officer's thumb, as he testified, not to assault the officer but to force him off Jamie's back so he would not suffocate. At his trial for assaulting the police officer, the trial judge barred jurors from considering whether Jamie's actions were permitted under the law of necessity: forcing the officer off in order to prevent Jamie's own death.
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Read more... [New Victory in the Texas Court of Criminal Appeals]
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Thursday, 08 April 2010 18:29 |
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On behalf of Patrick Kelly and Jamie Pittman, Mr. Volberding and talented appellate lawyer Jim Huggler argued their appeals to Houston's 14th Court of Appeals on March 23.
In a cramped basement room of the courthouse, packed with lawyers, family members and reporters, Smith County Asst. DA Michael West encountered Justices skeptical of the prosecutors' denials that they never knew of the exculpatory evidence withheld from Kelly's and Pittman's attorneys. The judicial panel, comprised of Chief Justice Adele Hedges, Justice John Anderson and Justice Tracy Christopher, all experienced judges, asked the uncomfortable Mr. West to explain what legal justification permitted prosecutors to tell Kelly's jurors that two juries in his co-defendants' trials assigned life sentences, allowed police and CPS to tell jurors the hearsay then learned during their investigation, and permitted prosecutors to pack the trials with other alleged offenses against children which fell outside the indictments for which the men were on trial. West and his fellow prosecutor were unable to offer the Justices any rational legal analyses.
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Read more... [The 14th Court of Appeals confronts the Smith County DA]
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Friday, 26 March 2010 13:39 |
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Watch KLTV 7 News report "D.A.'s clash over Mineola Sex Ring."
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Read more... [KLTV 7 News Video]
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