Criminal Defense

Holding: Prior DWI Conviction is Element of DWI 2nd Charge The 14th Court of Appeals holding in Oliva v. State will create a sea change in many DWI cases. The Court held, contrary to all previous precedent, that when a person is charged with a 2nd DWI, the state must prove that fact. For criminal defense attorneys, the effect is obvious: the state will be able to, and will show that your client has a prior conviction for exactly the offense before the jury. What had been a key consideration, and primary focus for defense attorneys, is now possibly something we did “in the old days.” Keeping a clients’ criminal history out of the record during the guilt/innocence phase will, of course, remain vital, but in a trial for a client’s 2nd DWI this may not be completely possible anymore. For drivers, this should serve as a warning. If you have one DWI conviction, a jury may get to consider that when deciding if you committed a subsequent one. Past actions are usually not something a jury can use to decide a person’s guilt, but after this holding, drivers may not get the benefit of the doubt after one DWI […]

On August 25th the 9th Court of Appeals released several opinions and other rulings, one of which was not a memorandum opinion. In re the Committment of Nelton Eugene Meyers – Affirmed The 435th District Court, ever a busy venue if you’re predisposed to sexually assault people, has yet again received word from the 9th Court of Appeals to carry on – but make a couple changes. This opinion pulls no punches and delivers the evidence of Nelton Meyers’ prior transgressions, who was committed as a sexually violent predator. In his first issue the defendant takes issue with part of the jury instruction, saying it caused reversible harm. It reads: “[that] beyond a reasonable doubt that Nelton Eugene Meyers suffers from a behavioral abnormality that predisposes him to engage in a predatory act of sexual violence.” Meyers insists that the charge should instead track the statute and state: “Do you find beyond a reasonable doubt that Nelton Eugene Myers is a sexually violent predator.” The court does not rule on this point, instead simply points out that it has affirmed this jury instruction in prior cases. Then the defendant states that “likely” should replace “predisposed” in the jury charge. The […]

The 9th Court of Appeals released 3 opinions today, all memorandum opinions: 1. DANNY WILBURN GREEN v. LISA A. GREEN – Affirmed The Court affirmed the 284th District Courts orders relating to a divorce matter. The first issue concerned a Mediated Settlement Agreement, specifically that the trial court erred by not following that MSA. The Court found that the trial court was not in error. The second issue raised was the sufficiency of the trial court’s implied finding of fraud by Appellant. Again, the Court saw fit to affirm the 284th District Court’s ruling. 2. LISA WALKER PERRY v. LOUIS T. BREWSTER, SYBLE J. BREWSTER, LEROY B. WALKER AND CHARLENE WALKER – Dismissed The Court dismissed an appeal of the 1A District Court’s order. 3. H. VAN HELDORF v. THE WOODLANDS TOWNSHIP – Affirmed The Court Affirmed the 9th District Court’s Summary Judgment for the Appellee, The Woodlands Township, on the basis that Appellant failed to perfect service within the statute of limitations period, and because there was no evidence presented to the trial court “regarding [Appellant’s] efforts to perfect service and to explain every lapse in effort or period of delay.” g@c

While it may not be garnering the attention of a certain homicide in Florida, Conroe has drawn the attention of local tv news as well as The New York Daily News. The media love to cover a tragedy, and three deaths allegedly caused by a woman driving on an interstate the wrong way certainly qualifies. The trial began early this week. Testimony revealed that the person charged had 21 drinks before purportedly getting behind the wheel and driving onto IH-45 the wrong direction. The trial will continue and a jury will render a verdict in the coming days. While it may be disconcerting to local residents that Conroe is now known to people from other regions for such a tragic event, it’s important to use these news items as reminders. We should all be aware of our alcohol intake, and take care that those around us drink responsibly as well. DWI isn’t just a burden on those who get arrested, the act itself is a potential risk to the life and limb of other around the driver. We may be DWI lawyers, and our job may be to defend our clients against any intoxication charge, but any chance we get, […]

How Do I Prepare for Temporary Orders? By: Jeremy L. Gonzalez and Robert S. Griffin This article is in no way a replacement for legal advice, or having an attorney, but it does serve as an outline on how to prepare for Temporary Orders. What are Temporary Orders? This is a questions asked by many starting a Divorce or asking for a Modification to their Parental Orders. Temporary Orders is a process requested after the initial Petition for Divorce or modification is filed. This process often starts within one month of the initial filing of the petition and any granted orders must be followed until modification by the Court or the final orders are granted. Temporary Orders starts with the creation of a Notice for Temporary Orders, and the Court then uses its discretion to set the hearing.  Many Courts require mediation prior to the hearing.  At the hearing the Court will decide issues, such as the Conservatorship or access to the children, possession of properties, control of a business, or debt required to be paid before trial. A mediated settlement agreement or a Court’s ruling leads to a written order granted by the Court and signed by the Judge. […]