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Courthouse News – April 2017

  CASE DISMISSED   04/28/17

Congratulations to Defense Attorney STANLEY SCHNEIDER for his successful defense, APPEAL and dismissal  in the 176th District Court-Cause #1473046

Indecency with a Child

HOUSTON CHRONICLE 04/28/17

Texas Case Law – Discovery Materials

Texas Court of Criminal Appeals 

No. WR-85, 177-01  April 5, 2017

Ruling:  Defense attorneys and DA’s  – Clients and pro se defendants are NOT entitled to nor should they receive a copy of the discovery material.   They may only receive a copy of their own written statement and may only view the other discovery materials if properly redacted. (CCP Art. 39.14)

Federal Judge declares Harris County’s Bail Bond System Unconstitutional

“In a 193-page ruling released Friday, Chief U.S. District Judge Lee H. Rosenthal ordered the county to begin releasing indigent inmates as early as May 15 without posting cash bail while they are awaiting trial on misdemeanor offenses.”

See full story in the HOUSTON CHRONICLE

 GUILTY VERDICT   04/28/17 – County Court at Law #13

 

Congratulations to Prosecutors BAYOJI AKINGBOLA  (l) and STEPHANIE MORALES (r) for a Guilty verdict in Cause #2088108

Assault of a Family Member

the charge – unlawfully intentionally and knowingly cause bodily injury to the complainant, a person who is a member of the defendant’s family, household, and with whom the defendant had a dating relationship by striking the complainant with his hand

 Sentence – 180 days in Jail   

 

 GUILTY VERDICT 04/27/17 – 184th District Court

 

Congratulations to Prosecutor RYAN VOLKMER for a Guilty verdict in Cause #1456221 and #1456222

Indecency with a Child

the charge – unlawfully engage in sexual contact with  (2) complainants, both persons  younger than seventeen years of age, by touching the genitals of the complainants with the intent to arouse and gratify the defendant’s sexual desire

 Sentence – 55 Years in Prison on EACH charge – STACKED   

 GUILTY VERDICT   04/27/17 – County Court at Law #6

 

Congratulations to Prosecutor GEORGE LINDSEY II for a Guilty verdict in Cause #2117839

Assault of a Family Member

the charge – unlawfully intentionally and knowingly cause bodily injury to the complainant, a person with whom the defendant had a dating relationship, by striking the complainant with an unknown object,  by grabbing the complainant with his hand and by striking the complainant with his hand

 Sentence – 30 days in Jail and a $500 fine   

NEWSWORTHY CASE 04/27/17

Defendants: Xavier Cox and Javalon Robinson

HOUSTON CHRONICLE 04/28/17

Offense: Aggravated Robbery

Cause #1549067 (Cox) Cause #1549066 (Robinson)  – 263rd District Court

A task force was keeping an eye on a crew of robbers and the crew had a

shootout with police during the robbery of a Jack-in-the-Box

Court Date: 04/27/17  DISPOSITION:  reset to 05/30/17

 GUILTY VERDICT   04/26/17 – 176th District Court

 

Congratulations to Prosecutors COBY LESLIE (l) and ANDY SCHNEIDER (r) for a Guilty verdict in Cause #1458398

Capital Murder

the charge – unlawfully while in the course of committing and attempting to commit robbery of complainant intentionally cause the death of the complainant by shooting the complainant with a deadly weapon, namely a firearm

 Sentence – Life in Prison   

 GUILTY VERDICT   04/26/17 – 179th District Court

 

Congratulations to Prosecutor SARA KIMBROUGH for a Guilty verdict in Cause #1504299

Evading Arrest

the charge – unlawfully intentionally flee a Houston Police Officer who was lawfully attempting to detain the defendant and the defendant knew he was a police officer, by fleeing using a motor vehicle

 Sentence – 7 Years in Prison   

COMMENTS:  The Prosecutor, Sara Kimbrough, would like to acknowledge the exemplary job that Defense Attorney STEPHANIE MARTIN did for her client by getting the jury to sentence him to far less years in prison than the indictment specified.  Stephanie had equal praise for Sara for her well executed and organized prosecution of the case.

 GUILTY VERDICT 04/26/17 – 178th District Court

 

Congratulations to Prosecutors MELISSA MUNOZ (l) and JANNA OSWALD (r) for a Guilty verdict in Cause #1440723

Aggravated Sexual Assault of a Child Less than 6

the charge – unlawfully intentionally and knowingly cause the anus of the complainant, a child younger than 6 years of age, to contact the sexual organ of the defendant

 Sentence – 30 Years in Prison   

HOUSTON CHRONICLE ARTICLE

 NOT GUILTY VERDICT   04/26/17 – County Court at Law #11

 

Congratulations to Defense Attorney JOSE JULIO VELA for a Not Guilty verdict in Cause #2116542

Criminal Mischief  $750 – $2500

the charge – unlawfully intentionally and knowingly damage and destroy property, namely motor vehicle windows, owned by complainant without the effective consent of the complainant and the value of the damage was over $750 and under $2500, by scratching the windows with an unknown object

NUGGET 04/26/17

On April 26, 2017   26 defendants failed to appear in the county or district court for their criminal cases.  Their bonds were forfeited and warrants issued for their arrest.  Unfortunately,  one person who failed to make their court appearance died at the Harris County Jail upon arrest by a bounty hunter.  See story in the HOUSTON CHRONICLE

 NOT GUILTY VERDICT   04/25/17 – County Court at Law #8

 

Congratulations to Defense Attorney JOE BRAMANTI for a Not Guilty verdict in Cause #2121830

Theft $100-$750

the charge – unlawfully appropriate by exercising control over property, namely a speaker,  owned by complainant and the value of the property was greater than $100 and less than $750 with the intent to deprive the complainant of the property

 GUILTY VERDICT   04/25/17 – County Court at Law #5

 

Congratulations to Prosecutor LARA HOGUE  for a Guilty verdict in Cause #2059636

Driving While Intoxicated (.145)

the charge – unlawfully operate a motor vehicle in a public place while intoxicated

 Sentence – 1 Year Probation   

 NOT GUILTY VERDICT   04/24/17 – 177th District Court

 

Congratulations to Defense Attorney JEFF HALE for a Not Guilty verdict in Cause #1493974

Credit Card Abuse

the charge – unlawfully with the intent to obtain a benefit fraudulently use a Visa debit card knowing the use was without the effective consent of the card owner, a person at least 65-years-old,  knowing that the Visa debit card was not issued to the defendant

 GUILTY VERDICT   04/24/17 – 174th District Court

 

Congratulations to Prosecutor LAUREN CLEMONS for a Guilty verdict in Cause #1437426

Criminally Negligent Homicide

the charge – unlawfully by criminal negligence cause the death of the complainant by driving the wrong way on the road

 Sentence – 2 Years in Prison and a $3000 Fine   

HOUSTON CHRONICLE ARTICLE

COURTHOUSE CASELOAD 04/22/17

The following Excel Spreadsheet represents the pending criminal cases in each of the 16 county courts at law and 22 district courts.  The information is derived from the Harris County District Clerk’s website docket tab.  (it does not include specialty courts)  Sheet 1 = caseloads for each court in court numerical order; Sheet 2 = caseloads for each court in caseload numerical order.

April 21, 2017

NUGGET

According to the Harris County District Clerk’s website there were 2659 cases on the courts dockets on April 21, 2017.

127 misdemeanors were dismissed and 48 felonies were dismissed –  6.5% of the cases.  (Some of these dismissals were part of a plea bargain to plead guilty on other cases)

 GUILTY VERDICT   04/21/17 – 351st District Court

 

Congratulations to Prosecutor LISA COLLINS for a Guilty verdict in Cause #1515550

Capital Murder

the charge – unlawfully while in the course of committing and attempting to commit burglary of a building owned by complainant, intentionally caused the death of the complainant by shooting the complainant with a firearm

 Sentence – Life in Prison   

 GUILTY VERDICT   04/20/17 – 230th District Court

 

Congratulations to Prosecutor PHILLIP WHITE for a Guilty verdict in Cause #1538218

Aggravated Assault with Serious Bodily Injury

the charge – unlawfully intentionally and knowingly cause serious bodily injury to the complainant by striking the complainant with an unknown object

 Sentence – 6 Years Probation   

April 20, 2017

NATIONAL WEED DAY

Today – 420 –  is national “weed” day.  It did NOT help my marijuana clients in court, however.   I had a “420 in progress” when one client took a conviction for POM (he failed the First Chance Program by testing positive for marijuana and had an open warrant in court)  and another client had to go into custody for testing positive for marijuana while on bond.  Unfortunately, these two judges appreciated the holiday, but had to do their job.  See the story of how April 20th became national weed day in the Huffington Post

 GUILTY VERDICT   04/19/17 – 180th District Court

 

Congratulations to Prosecutor ALEXANDER FORREST for a Guilty verdict in Cause #1497838

Illegal Dumping

the charge – unlawfully, for a commercial purpose, intentionally and knowingly transport litter or other solid waste, namely tires, having an aggregate weight of 200 pounds or more or a volume of 200 cubic feet or more, to a place that was not an approved solid waste site for disposal

 Sentence – 3 Years Probation and a $4000 Fine   

 GUILTY VERDICTS   04/19/17 – County Court at Law #4

 

Congratulations to Prosecutor SEAN ANDERSON for (2) Guilty verdicts in Cause #’s 2105500 and 2105501

Assault on a Family Member and Interference with the duties of a Public Servant

the charges – unlawfully intentionally and knowingly cause bodily injury to the complainant, a person with whom he had a dating relationship, by striking the complainant with his hand;  AND unlawfully with criminal negligence, by refusing to comply with an officer’s commands, interrupt, disrupt, impede and interfere with the peace officer performing a duty and exercising his authority imposed and granted by law

 Sentence – 15 Months Probation   

NUGGET 04/19/17

On April 19, 2017 45 defendants failed to appear in the county or district court for their criminal cases.  Their bonds were forfeited and warrants issued for their arrest.

 NOT GUILTY VERDICT   04/18/17 – County Court at Law #14

 

Congratulations to Defense Attorney TIMOTHY DONAHUE for a Not Guilty verdict in Cause #2125232

Assault on a Family Member

the charge – unlawfully intentionally and knowingly cause bodily injury to the complainant, with whom the defendant had a dating relationship, by pushing the complainant with his hand

April 18, 2017

SOBER COURT

One of the most successful programs offered by the county courts at law for DWI 2nd offense is the DWI SOBER COURT program.  Check out the Facebook page for detailed information.  An excellent program to assist defendants with alcohol-related issues.  Pictured (left>right) are Judges Karahan, Fleming, Goodhart, Bull and Smyth.

 NOT GUILTY VERDICT    04/17/17 – County Court at Law #7

 

Congratulations to Defense Attorney JEANIE DICKEY for a Not Guilty verdict in Cause #2121197

Indecent Exposure

the charge – unlawfully expose his genitals to the complainant with the intent to arouse or gratify the defendant’s sexual desire and he was reckless about whether another person was present and would be offended and alarmed by the act of masturbating in public view

 GUILTY VERDICT   04/17/17 – 180th District Court

 

Congratulations to Prosecutor DAN SIMONS for a Guilty verdict in Cause #1546433

Aggravated Assault with a Deadly Weapon

the charge – unlawfully intentionally and knowingly cause bodily injury to the complainant by shooting the complainant with a firearm, by stabbing the complainant with a knife, by pouring a chemical cleaner on the complainant and by striking the complainant with a bamboo stick

 Sentence – 20 Years in Prison   

HOUSTON CHRONICLE ARTICLE

CHANNEL 13 NEWS INTERVIEW

April 13, 2017

Up-and-coming defense lawyer SEAN DARVISHI holding up what may be one of many dismissals he will receive for his clients in the future.  He is a fine young attorney with an aggressive style.  He is well-liked in the courthouse and a credit to our defense bar.

 GUILTY VERDICTS   04/13/17 – 262nd District Court

 

Congratulations to Prosecutor CHAUNTELLE WOOD for (2) Guilty verdicts in Cause #1501256-57

Burglary of a Habitation and  Aggravated Assault with a Deadly Weapon

the charge – unlawfully with the intent to commit theft enter a habitation owned by complainant without any consent AND unlawfully intentionally and knowingly threaten another complainant with imminent bodily injury by using and exhibiting a deadly weapon

 Sentence – 38 Years in Prison and 10 Years in Prison   

 GUILTY VERDICT   04/13/17 – 262nd District Court

 

Congratulations to Prosecutor CHAUNTELLE WOOD for a Guilty verdict in Cause #1501258

Burglary of a Habitation

the charge – unlawfully with the intent to commit theft enter a habitation owned by complainant without any consent

 Sentence – 28 Years in Prison   

 GUILTY VERDICT   04/13/17 – 209th District Court

 

Congratulations to Prosecutor SAMANTHA KNECHT for a Guilty verdict in Cause #1444432

Capital Murder

the charge – unlawfully during the same criminal transaction intentionally and knowingly cause the death of two complainants by stabbing them with a knife

 Sentence – Life  in Prison   

April 13, 2017

2017 ATTORNEY OF THE YEAR AWARD

Congratulations to Defense Attorney TYRONE MONCRIFFE for his selection for the prestigious attorney of the year award voted on by the members of the Harris County Criminal Lawyers Association.  Tyrone is an excellent lawyer and fine person who is very deserving of this award.  Keep up the exemplary work, Tyrone.


Congratulations to the following Defense Attorneys for winning the 2017 Richard “Racehorse” Haynes Lifetime Achievement Award issued by the Harris County Criminal Lawyers Association:

ALLEN C. ISBELL

                                                            ROBERT   ALTON JONES

                                                            CLYDE WILLIAMS

 GUILTY VERDICT   04/13/17 – 184th District Court

 

Congratulations to Prosecutor SHERIN DANIEL for a Guilty verdict in Cause #1494478

Robbery

the charge – unlawfully while in the course of committing theft of property and with the intent to maintain control over property of complainant  intentionally, knowingly and recklessly cause bodily injury to the complainant by striking the complainant with his hand

 Sentence – 2 Years in Prison   

 GUILTY VERDICT    04/13/17 – 232nd District Court

 

Congratulations to Prosecutor BRITTNEY AARON for a Guilty verdict in Cause #1459005

Murder

the charge – unlawfully intentionally and knowingly cause the death of the complainant by stabbing him with knife

 Sentence – 30 Years in Prison   

 GUILTY VERDICT   04/13/17 – 208th District Court

 

Congratulations to Prosecutor DANNY WERLINGER  for a Guilty verdict in Cause #1539232

Injury to a Child by Omission

the charge – unlawfully while having the statutory duty to act pursuant to Section 151.001 of the Texas Family Code intentionally and knowingly by omission cause serious bodily injury to complainant, a child younger than 15 years of age, by failing to timely seek medical attention and by failing to intercede and stop the physical abuse of the complainant by another

 Sentence – 10 Years Probation   

 NOT GUILTY VERDICT   04/13/17 – County Court at Law #16

 

Congratulations to Defense Attorney ALAN MACIAS for a Not Guilty in Cause # 2137494

Theft $750 – $2500

the charge – unlawfully appropriate and exercise control over property, namely 1 chainsaw, 1 hammer, 1 drill, 1 power washer, 8 nail sets and 2 bags of fertilizer the value being between $750 and $2500 with the intent to deprive the complainant of the property

 GUILTY VERDICT   04/12/17 – 262nd District Court

 

Congratulations to Prosecutor MICHAEL HARRISON for (2) Guilty verdicts in Cause #1507537 and Cause # 1507538

Possession with Intent to Deliver a Controlled Substance

the charge – unlawfully knowingly possess with the intent to deliver at least 80 and less than 4000 abuse units of a controlled substance namely 251- NBOME

the charge – unlawfully knowingly possess with the intent to deliver a controlled substance namely methamphetamine weighing more than 4 grams and less than 200 grams

 Sentence – 15 Years in Prison   

 NOT GUILTY VERDICT   04/12/17 – 262nd District Court

 

Congratulations to Defense Attorney MAVERICK RAY for a Not Guilty verdict in Cause #1507539

Possession with Intent to Deliver a Controlled Substance

the charge – unlawfully knowingly possess with intent to deliver a controlled substance namely cocaine weighing more than 1 gram and less than 4 grams

 GUILTY VERDICT   04/12/17 – County Court at Law #10

 

Congratulations to Prosecutors CHRISTINE LU (top) and GRACE MURPHY for a Guilty verdict in Cause #2083030

Game Room Violation

the charge – unlawfully while acting as an operator of a game room for which a permit was required  intentionally and knowingly operate said game room in violation of the Harris County Game Room Regulations namely the defendant had not paid the fee and secured the required permit

 Sentence – 1 Year Probation   

NEWSWORTHY CASE 04/11/17

Defendant: James Tinsley IV

HOUSTON CHRONICLE  04/12/17

Offense: CAPITAL MURDER – MULTIPLE DEATHS

Cause #1468641 – 230th District Court

The attack happened at Immaculate Auto Sales in Houston killing brothers Tony and Jesse Contreras and Tony Contreras’ adult son Casey Contreras.

shot 3 men after car he bought was repossessed

Court Date: 04/11/17  DISPOSITION:  Tried and Convicted of Capital Murder – Punishment – Life in Prison Without Parole

 NOT GUILTY VERDICT    04/11/17 – County Court at Law #9

 

Congratulations to Defense Attorney CYNTHIA HENLEY for a Not Guilty verdict in Cause #2121831

Assault on a Family Member

the charge – unlawfully intentionally and knowingly cause bodily injury to the complainant, a person with whom the defendant had a dating relationship, by striking the complainant with his hand

 GUILTY VERDICT   04/11/17 – 230th District Court

 

Congratulations to Prosecutors COLLEEN BARNETT and LISA CALLIGAN for a Guilty verdict in Cause #1468641

Capital Murder

the charge – unlawfully during the same criminal transaction intentionally and knowingly cause the death of complainants by shooting complainant #1 with a deadly weapon – a firearm and intentionally and knowingly cause the death of complaint #2 by shooting with a deadly weapon – a firearm

 Sentence – Life in Prison Without Parole   

April 10, 2017

View from 10th floor of the Harris County Criminal Courthouse at 8am as we watch numerous firetrucks and fire vehicles check out a fire on the 12th floor.

My 10th floor friends – Court #10 Court Coordinator MARVIN RODRIGUEZ (back),  Court #9 Court Reporter TAVIS JACKS (center) and Court #10 Probation Officer CYNDI PEREZ (front) anxiously await our fate on the 10th floor as the building was evacuated (mostly).  Fortunately, no harm done and the courthouse resumed business as usual an hour later.

County Court at Law #7 Court Coordinator PEGGY GUNDER hard at work in her office preparing for the morning docket.  She has been Judge Derbyshire’s coordinator for nearly 17 years.

 GUILTY VERDICT   04/07/17 – 174th District Court

 

Congratulations to Prosecutors MARIO CICCONETTI (top) and JE’RELL ROGERS for a Guilty verdict in Cause #1479438

Aggravated Robbery with a Deadly Weapon

the charge – unlawfully while in the course of committing theft intentionally and knowingly cause bodily injury to complainant by using and exhibiting a deadly weapon – a firearm

 Sentence – 8 years Probation  

 NOT GUILTY VERDICT    04/07/17 – County Court at Law #2

 

Congratulations to Defense Attorney BRENT MAYR for a Not Guilty verdict in Cause #2104032

Driving While Intoxicated ( .122 )

the charge – unlawfully operate a motor vehicle in a public place while intoxicated

 GUILTY VERDICT    04/06/17 – County Court at Law #1

 

Congratulations to Prosecutor TARA PARKER for a Guilty verdict in Cause #2096290

Driving While Intoxicated – 2nd Offender (.087)

the charge – unlawfully operate a motor vehicle in a public place while intoxicated

 Sentence – 2 years Probation + 5 days in Jail 

April 6, 2017

Me (right) in court with long-time friend and 33-year-veteran criminal defense attorney RAND MINTZER.  I have known Rand since law school at South Texas College of Law – Houston.  He is a fine human being and a credit to our defense bar.  An avid runner who wrote a book Thirty-Three years of Running in Circles we are lucky he is still alive after his heart stopped for 8 minutes while running the Houston Marathon.  Good to see you around the courthouse, my friend.

April 5, 2017

Assistant Criminal District Clerk LILLY ACOSTA is pulling 1 of 70 files that are set on this morning’s docket for County Court at Law #13.  She is now assigned to Court #13 and has been with the District Clerk’s office for nearly 3 years.

 GUILTY VERDICT   04/05/17 – County Court at Law #13

 

Congratulations to Prosecutors LLOYD KEITH and KIMBERLY IKEGBUNAM for a Guilty verdict in Cause #2090365

Possession of a Gambling Device

the charge – unlawfully with the intent to further gambling knowingly own and possess a gambling device, namely Pot-O-Gold that defendant knows is designed for gambling purposes

 Sentence – 1 year Probation  

 GUILTY VERDICT   04/04/17 – 263rd District Court

 

Congratulations to Prosecutor ALLISON BUESS for a Guilty verdict in Cause #1528845

Failure to Stop and Render Aid in an Accident Resulting in Death

the charge – unlawfully while driving and operating a motor vehicle was involved in an accident that resulted in and was reasonably likely to result in death of the complainant and the defendant intentionally and knowingly failed to immediately stop his vehicle at the scene of the accident, to return to the scene, to determine whether the complainant required aid, and defendant failed to give his name and address to complainant and for making arrangements to transport complainant to a hospital for medical treatment if necessary

 Sentence – 6 years in Prison  

 NOT GUILTY VERDICT   04/04/17 – 183rd District Court

 

Congratulations to Defense Attorney MAVERICK RAY for a Not Guilty verdict in Cause #1518540

Indecency with a Child

the charge – unlawfully engage in sexual contact with complainant, a person younger than 17 years of age, by touching the genitals of the complainant with the intent to arouse and gratify his sexual desire

April 3, 2017

Congratulations to Defense Attorneys Ann Johnson and Ana Martinez on their new partnership in the firm Johnson and Martinez.  Their first day of defending criminal cases in the courthouse as partners was today – April 3, 2017.  They both were fine prosecutors and now hope to capitalize on their vast knowledge to represent their clients as an effective defense team.  Best of luck to the two of you!

Former ADA Brandy Garcia-Gum starts her first day as a criminal defense attorney after spending 3 years as a prosecutor and the last 5 years taking care of her 2 year-old and 5-year-old sons.  Welcome back to the criminal courthouse and best of luck as a criminal defense lawyer!  If you have a chance, go by court #4 and say hello as she will be the court-appointed attorney there for the next 3 months.

County Court at Law #10 court coordinator Marvin Rodriguez prepares his court’s docket which  consists of 74 cases on the morning of April 3, 2017.

Very efficient County Court at Law #4 court coordinator Yolanda Florido (left) and Deputy Hannusch (right) prepare for the morning docket of 51 cases.

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