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Verdict Reformed to Lesser Offense
Continuous Sexual Assault of a Child
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..
Verdict Reformed to Lesser Offense
Continuous Sexual Assault of a Child
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.
Case Dismissed
Drug Possession
Fifth Court of Appeals agreed with us and suppressed the illegally seized evidence. Charges dismissed against our client.
Case Dismissed
Drug Possession
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.
Removed Client from Registry
Indecent Exposure
Department of Public Safety agreed in part and removed client from registry for one of two offenses. Second offense was challenged through mandamus to the Texas Court of Criminal Appeals.
Removed Client from Registry
Indecent Exposure
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.
Case Settled
Failure to Pay 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.
Case Settled
Failure to Pay Sales Tax
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.
Verdict Reversed
Continuous Sexual Assault of a Child
The Sixth Court of Appeals reversed the judgment and remanded the case to the trial court for a new trial on lesser offenses.
Verdict Reversed
Continuous Sexual Assault of a Child
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.
Dismissals
Disorderly Conduct- Dallas County
Sexual Performance by a Child- Collin County
Felony Theft- Rockwall County
Possession of controlled substance- Dallas County
Possession of a controlled substance- Collin county
Resisting Arrest- Tarrant County
Assault Family Violence- Dallas County- Case rejected
Assault Family Violence- Collin County- case rejected
Violation of an Emergency Protective Order- Dallas- rejected
Continuous Family Violence- Dallas- case rejected
Terroristic Threat- Denton County- case rejected
Felony Criminal Mischief- Collin County
Prostitution- Dallas County
Aggravated Assault Deadly Weapon- Dallas County- case rejected
Endangering a child- Dallas county- case rejected
No Billed by Grand Jury
Endangering a Child
Client was charged with negligently causing the child’s death during the night by not paying attention.
No Billed by Grand Jury
Burglary of a Habitation
Client was charged with burglarizing his ex-wife’s home during a custody exchange.
Deferred Probation
Racing Causing Serious Bodily Injury or Death
Client was charged with participating in a race that caused the deaths of two individuals and seriously injured another.
Case Dismissed
Indecency with a Child
Client was charged with sexually touching his step-daughter on multiple occasions.
No Billed by Grand Jury
Aggravated Assault Deadly Weapon
Client was charged with pulling a gun on his son.
Case Dismissed
Assault Public Servant
Client was charged with punching a police officer during an altercation..
No-Bills
Unlawful Possession of a Firearm by a Felon- Tarrant County
Manslaughter- Dallas County
Murder- Denton County
Manslaughter- Denton County
Capital Murder- Dallas County
Sexual Assault of a Child- Denton and Dallas County
Possession of a Controlled Substance- Rockwall County
Impeding Breath- Collin County
Aggravated Assault Deadly Weapon- Collin County
Solicitation of Prostitution- Dallas County
Juvenile Racing Involving Serious Bodily Injury- Collin County
Sexual Assault- Collin County
Accident involving injury or death- Tarrant County
Murder indicted as Manslaughter- Dallas County
Aggravated Assault Deadly Weapon- Tarrant County
Manufacturing and Delivery- Tarrant County
Not Guilty
Murder- Denton County
Indecent Assault- Rockwall County
Aggravated Assault Deady Weapon- Dallas County
Murder- Dallas County- found guilty of Criminal Negligent Homicide, received probation
Murder – Denton County- found guilty of manslaughter, received probation
Indecency with a Child by Contact- Dallas County
DWI- Tarrant County
DWI- Collin County
DWI- Tarrant County
Injury to a Child- Denton County
DWI – Denton County
No Billed by Grand Jury
Assault Impeding Breath
Client was charged with assaulting and choking wife.
Verdict Reversed
Murder
Fifth Court of Appeals reversed the verdict, vacated the judgment, and remanded for a new trial with the proper jury instructions.
Verdict Reversed
Murder
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.
Verdict Reversed
Murder
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.
Verdict Reversed
Murder
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.
Not Guilty
Murder
Client was charged with shooting mother’s boyfriend in the face during an altercation. Not guilty on murder. At trial, found guilty of a lesser included offense of criminally negligent homicide and given probation.
Not Guilty
Sexual Assault of a Child
Client was charged with sexually assaulting his nine year old niece seven years prior at a family function.
Not Guilty
DWI by Drugs
Client was charged with driving while intoxicated with methamphetamine in her system.
Case Dismissed
Sexual Assault
Client was charged with sexually assaulting a woman during a tailgate party at a local college. Case was no billed at grand jury.
Not Guilty
Murder
Client was charged with shooting mother’s boyfriend in the face during an altercation. Not guilty on murder. Found guilty of a lesser included offense of criminally negligent homicide and given probation.
Case Dismissed
Indictment
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.
Case Dismissed
First Degree Drug Possession
Client was charged with four counts of drug possession after emergency services responded to his home.
Not Guilty
DWI
Client was charged with DWI blood test .18
Case Dismissed
Continuous Sexual Assault of a Child
Client was charged with sexually assaulting his daughter on multiple occasions.
Not Guilty
Murder
Client was charged with shooting his brother three times during an altercation. Not guilty on murder. At trial, found guilty of a lesser included offense of manslaughter and given probation.
Federal
Northern District of Texas – Conspiracy to Steal Public Money, Receipt of Stolen Money, and Aggravated Identity Theft. Client was charged with assisting a tax preparer, who stole victims’ identities, filed false tax returns using their information, opened fictitious accounts, and diverted tax refunds to those fictitious accounts. The client was facing a maximum of 17 years in prison. Outcome: Dismissed.
Northern District of Texas – Client was facing a sentencing range of 33-41 months in prison after pleading guilty to Unlawful Possession and Transfer of Machineguns. During the offense, client manufactured and sold Glock switches that were to be used to convert semi-automatic handguns into fully automatic weapons. Outcome: 3 years probation.
Eastern District of Texas – Client was originally charged with Conspiracy to Possess with Intent to Distribute Methamphetamine and was facing a statutory punishment range of 10 years to life in prison. His sentencing guideline range was 121-151 months imprisonment based on 1.5 kilograms of methamphetamine that was shipped from California to Texas for distribution purposes. Due to plea negotiations, his maximum sentence was capped at 48 months in prison. Outcome: 30 months in prison.
Eastern District of Texas – Client was charged with Conspiracy to Possess with Intent to Distribute Methamphetamine and was facing a statutory punishment range of 5 years to 40 years in prison. Client and her boyfriend were responsible for the distribution of between 50 grams to 150 grams of methamphetamine in the North Texas area. Her sentencing guideline range was 46 months to 57 months imprisonment. Outcome: Time Served (27 months).
Eastern District of Texas – Client was charged with conspiring to distribute 1.5 kilograms to 5 kilograms of methamphetamine that had been imported from Mexico, an offense that carried a statutory punishment range of 10 years to life in prison. The presentence report calculated the sentencing guideline range of 70 months to 87 months. Outcome: 12 months, 1 day in prison.
Northern District of Texas – Client was convicted of Sex Trafficking by Force, Fraud, and Coercion, an offense in which the client trafficked women to engage in prostitution throughout the country for over two decades. The Presentence Report calculated the sentencing guideline range at life in prison and recommended restitution to the victims in an amount of over $4.1 million. Outcome: 25 years and an order reducing the recommended restitution amount by $2.5 million down to $1.6 million.
Appeals
Client convicted for Sexual Performance by a Child. Appealed. Acquitted.