East Texas Appeals Lawyer and Attorney

Category: Criminal Law

Criminal Law

What was seen at the Notorious Grill?

Posted on August 5, 2008February 20, 2020 by admin

Dewberry v. State (Unpublished Memo): In a case of aggravated assault via shooting, the issue was whether Dewberry was the triggerman.  A sprawling multiparty altercation started at…

Civil Rights

Buzzed Lightyear: To the infinite past and beyond!

Posted on August 5, 2008February 20, 2020 by admin

Crocker v. State (Published): Since 2005, DWIs from as far back as records can be found can be used to enhance the sentence of a new…

Criminal Law

One Trooper’s word versus a family’s

Posted on August 5, 2008February 20, 2020 by admin

Flores v. State (Unpublished Memo): Conviction of DWI with child affirmed.  The question was whether Flores was the driver.  He and his family say no.  The…

Criminal Law

Consequence of insufficient habitual offender notice

Posted on August 5, 2008February 20, 2020 by admin

Lewis v. State (Unpublished Memo): The State wanted to sentence Lewis as a habitual offender.  The State’s initial notice of intent to use prior convictions was…

Criminal Law

Effective assistance of counsel

Posted on August 5, 2008February 20, 2020 by admin

Floyd v. State (Unpublished Memo): There was no factual basis to support a Tex. Code Crim. Proc. Ann. art. 38.23(a) jury instruction, thus a failure to…

Criminal Law

Challenge to admissibility of HGN in DWI

Posted on July 31, 2008February 20, 2020 by admin

Hall v. State (Unpublished Memo): DWI conviction challenged on grounds that the officer who administered the horizontal gaze nystagmus test to Hall wasn’t an expert in its use. …

Criminal Law

Attack a child witness, open the door to your past.

Posted on July 12, 2008February 20, 2020 by admin

Samet v. State (Unpublished Memo): A third grader testifies to a sexual assault that occurred when he was just about four years old.  The defense strategy:…

Chief Justice Worthen

I never promised you a rose garden.

Posted on July 12, 2008February 20, 2020 by admin

Crabtree v. State (Unpublished Memo): Crabtree was surprised when the trial court sentenced her to two years of prison for criminally negligent homicide.  The Tyler court…

Chief Justice Worthen

Strike or gutterball on probation revocation appeal

Posted on July 10, 2008February 24, 2020 by admin

Killgo v. State (Unpublished Memo): Killgo failed to defeat all of the probation revocation findings made by the trial court. so the Tyler court affirms.  Killgo’s ten year…

Criminal Law

What time is it?

Posted on July 6, 2008February 21, 2020 by admin

Carter v. State (Unpublished Memo): Conviction for intoxication manslaughter stands even though the defendant’s intoxication may not have been the only cause of the victim’s death. …

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