Case Results

Client convicted of Continuous Sexual Assault of a Child and sentenced to life in prison. We convinced the appellate court that the evidence was insufficient to support the verdict and they agreed. Although it is hard to get courts to move on sex cases as they get a lot of attention and are emotional, the Court saw our reasoning and accepted our argument.

Outcome: The Sixth Court of Appeals reversed the judgment and remanded the case to the trial court for a new trial on lesser offenses. 

Client convicted of murder and sentenced to 42 years. The trial court refused to issue instruction on self-defense.

Outcome: Fifth Court of Appeals reversed the verdict, vacated the judgment, and remanded for a new trial with the proper jury instructions. Client offered plea of 7 years, rendering him instantly parole eligible.

Client convicted of Continuous Sexual Assault of a Child and sentenced to 38 years, which had to be served day-for-day. Client called me about appeal but hired a different attorney. Other attorney lost the appeal. Client hired me to do motion for rehearing. I did and one of the justices changed his vote and explained that he agreed with me. I took the case to the Court of Criminal Appeals.

Outcome: The Texas Court of Criminal Appeals unanimously reversed the Tenth Court of Appeals, vacated the client’s sentence, reformed the verdict to reflect a conviction for a lesser-included offense and remanded for a new sentencing hearing. Client accepted plea for 6 years and was released and reunited with his family about six months later.

Client charged with possession of illegal drugs.

Outcome: Trial court overruled motion to suppress the drugs. We secured a favorable plea agreement for client and appealed the denial of the motion to suppress. Fifth Court of Appeals agreed with us and suppressed the illegally seized evidence. Charges dismissed against our client.

Client convicted of two counts of indecent exposure and placed on the sex offender registry.

Outcome: Through the Department of Public Safety administrative process we challenged the requirement that the client be placed on the sex offender registry for both offenses. DPS agreed in part and removed client from registry for one of two offenses. Second offense challenged through mandamus to the Texas Court of Criminal Appeals.

Client assessed serious sales tax penalty for not paying sales tax. We argued that client never owed the sales tax because the item was not taxable. We challenged this through the entire administrative process with the Office of the Comptroller and the State Office for Administrative Hearings.

Outcome: The case settled before moving into the trial court.

Client convicted of murder based on a fight. Issue in the case was a jury charge error.

Outcome: Fifth Court of Appeals reversed the verdict, vacated the judgment, and remanded for a new trial with the proper jury instructions.

Griswold v. State

The Court of Appeals agreed with attorney Niles Illich and found section 42.072(a) of the Texas Penal Code unconstitutional. The case was remanded with an order that the district court dismiss the indictment against our client. Significant appellate win.