Representative Cases Federal Court

  • Durbin v. Cockrell, 2002 WL 31526565 (W.D. Tex. 2002) (granting federal habeas corpus relief in a 33 year old double murder case due to a violation of a plea bargain agreement)
  • United States v. Elizondo, 277 F. Supp. 691 (S.D. Tex. 2002) (granting defendant a new trial from conviction in drug conspiracy)
  • United States v. Mann, 161 F.3d 840 (1998) (upholding conviction in complex bank fraud case)
  • Tucker v. Johnson, 115 F.3d 276 (5th Cir. 1997) (denying Karla Faye Tucker relief in connection with her death penalty)
  • United States v. Howard, 106 F.3d 70 (5th Cir. 1997) (addressing complex search and seizure points but upholding conviction)
  • United States v. Hill, 19 F.3d 984 (5th Cir. 1994) (addressing search of lawyer’s office and reversing the district court’s grant of suppression)
  • In re Auclair, 961 F.2d 65 (5th Cir. 1992) (upholding joint defense privilege in context of people who consulted with an attorney and quashing subpoena to attorney to testify about that meeting)
  • United States v. Dahlstrom, 713 F.2d 1423 (9th Cir. 1983) (reversing conviction for conspiracy to impede IRS due to insufficient evidence)
  • United States v. Enstam, 622 F.2d 857 (5th Cir. 1981) (upholding conviction for conspiracy to impede IRS by “washing” funds through Cayman Islands)
  • United States v. Kahn, 588 F.2d 964 (5th Cir. 1979) (reversing guilty plea for failure to comply with requirements relating to the guilty plea colloquy)

Representative Cases Texas State Court

  • Ex parte James Richard “Rick” Perry, 471 S.W.3d 63 (Tex. App.—Austin 2015, pet. granted) (sustaining Governor Perry’s challenge to his attempted prosecution on count 2 because statute violated the First Amendment, but declining to address whether count 1 was barred on separation of powers grounds);
  • Ex parte James Richard “Rick” Perry, 483 S.W.3d 884 (Tex. Crim. App. 2016) (holding that the attempted prosecution of Governor Rick Perry could not proceed under either count because it would offend the separation of powers clause of the Texas constitution and the First Amendment);
  • Ex parte Richardson, 70 S.W.3d 865 (Tex.Crim.App. 2002) (granting a new trial and setting aside conviction for capital murder and death sentence due to suppression of evidence by the state)
  • Ex parte Tucker, 973 S.W.2d 950 (Tex. Crim. App. 1998) (denying Karla Faye Tucker a stay on the eve of her execution)
  • Nations v. State, 944 S.W.2d 795 (Tex. App.–Austin, 2001) (reversing conviction for aggravated sexual assault due to exclusion of expert testimony regarding eyewitness identification)
  • Cisneros v. State, 915 S.W.2d 217 (Tex. App. –Corpus Christi, 1996) (reversing conviction for capital murder due to insufficient evidence)
  • Ex parte Mitchell, 853 S.W.2d 1 (Tex. Crim. App. 1993) (granting a new trial and setting aside conviction for capital murder and death sentence due to suppression of evidence by the State)
  • Skelton v. State, 795 S.W.2d 162 (Tex. Crim. App. 1989) (setting aside conviction of capital murder and sentence of death and entering a judgment of acquittal due to insufficient evidence)
  • Stearnes v. Clinton, 780 S.W.2d 216 (Tex. Crim. App. 1989) (overruling district court’s “disqualification” of court appointed counsel and reinstating defendant’s attorneys on the case)
  • Ex parte Price, 741 S.W.2d 366 (Tex. 1987) (setting aside judgment of contempt of Dallas City counselman)
  • Barrow v. State, 688 S.W.2d 860 (Tex. Crim. App. 1985) (setting aside judgment of conviction and sentence of death in a capital murder case due to jury selection error)
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