Major Cases
Past performance is no promise of future results. Prayer is not a substitute for competence, it is much more.
Pray without ceasing
Psalm 20:7 Some put their faith in carriages and some in horses; but we will be strong in the name of the Lord our God
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A woman reports to Ben Taub County Hospital Emergency room to remove sutures resulting from a Laparascopica procedure performed in South America in the vacinity of her pelvis. The surgeon can find no sutures and tells the patient so. The patient questions the surgeon's competence and refuses to leave the examining table so the surgeon calls Psychiatry to have her committed against her will. In the Harris County Psychiatric Center, the patient is not given the option to attend her committment hearing and her hearing on forced medication. The Probate Court considers the lack of her presence and the court appointed attorneys argument as a waiver of her right to be present and signs the orders presented to it. The patient is then given medication against her will and calls me via the Houston Lawyer Referral Service. I filed a motion for rehearing but before the hearing, the hospital discharges the patient that week [which is what my client wanted] before the rehearing and the Probate Court declares the patient's pleadings moot. To remove the stigma of the court's orders against her, I appealed the Probate court's mootness decision and the Orders for committment and forced medication. In an unpublished opinion, the First Court of Appeals declared the issues before the Probate court were not moot and Overturned both Orders of Committment and Forced Medication.
A man helped out his cousin, who was on parole, by giving him a ride to the pawn shop to sell some of his own property. The cousin couldn't find his identification so the man provided his and it turned out the property was stolen and he was charged with theft. I subpoenaed the cousin and his girlfriend to a jury trial. Neither one showed up so I subpoenaed his parole officer who eventually called the police when the cousin showed up for a parole visit. We were ready for trial but why the person who told the police that the property had been stolen from her did not show up, only God knows. CASE DISMISSED.
A 17 year old was charged with CAPITAL murder in Adult Criminal Court. The trial was to a jury. Why one of the eye-witnesses called by the state testified that the gun going off was an accident and that my client was surprised and sorry that the victim was shot by the gun he was holding, only God knows. It sure surprised the DA. The young man was convicted of a lesser included offense of criminal negligence.
A juvenile gave a friend a ride on his bicycle handlebars. The friend was carrying a car stereo, the police stopped them and arrested both of them for theft. The friend was convicted of theft. In the first trial of the bicyclist to a jury, hearsay statements entered into evidence because it was part of a 911 call claiming there were two people who had jumped the fence at the car repair shop and stolen a car stereo. I subpoenaed the friend who testified the cyclist did not help him steal. The cyclist's girlfriend testified that he had just left her house and was going home. The jury could not give a verdict [that's known as a hung jury.] In the retrial before a jury, why the hearsay evidence was excluded, only God knows. The jury verdict, "NOT GUILTY."
A man was charged with statutory sexual assault of his neighbor's daughter. The neighbor pressed charges. Why the daughter called my office without telling her Dad, only God knows. She told us it never happened and I was able to obtain an affidavit of non-prosecution from the daughter. The case was DISMISSED.
A man with no legs was charged with beating his wife with one of his crutches while they were both drunk and arguing. The wife gave an affidavit of non-prosecution but the Harris County District Attorney decided to ignore it and the case was tried to a jury. The doctor testified that one of the bruises on the wife was consistent with the end of the aluminum crutch. Why, while the jury was deliberating, the DA offered the man with no legs a plea bargain for 20 years, only God knows. He agreed because this was his third strike, maximum 99 years possible.
In a jury trial over a speeding ticket in Pasadena, why the police officer testified to a completely different scenario than the defendant, only God knows. It was so obvious that there was no relation between the two stories, that the prosecutor moved to dismiss the citation. Miranda said, "Anything you say can be used against you." Jesus said, "For by thy words thou shalt be justified, and by thy words thou shalt be condemned." Matt 12:37, KJV.
In a jury trial over a failure to stop at the sign citation, the police officer did not listen to voir dire of the jury. The jury pool in Houston was so hostile to over-reaching obnoxious policemen that when the policman testified, only God knows why the policeman became obnoxious when he was being questioned. The jury unanimously voted to acquit.
sometimes you just have to shout
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