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Posts tagged "jury"

Arrested for DWI in Texas

Being arrested for Driving While Intoxicated (DWI) in North Texas can be horrifying.  Most of the time you are pulled over for some small technical reason, and the police officer asks you how much you have had to drink before conducting a DWI investigation.  After the police officer asks you for your license and registration, they typically ask you to perform a series of tests which quite frankly, are set up for you to fail.

Murder Conviction Reversed

In Winfrey v. State, the Texas Criminal Appeals Court reversed and rendered an acquittal on the defendant convicted of murder.  The appellant was charged with capital murder, but convicted by a jury of the lesser-included offense of murder and assessed a 75 year sentence.  No evidence linked appellant to the crime except "scent lineup evidence" from Sheriff Pikett's dogs that had been "pre-scented" to the victim's clothing and alerted on appellant's scent.  The Court of Appeals affirmed finding:  1.  Pikett's canine-scent testimony provided direct evidence placing appellant in direct contact with the victim's clothing; 2. the jury could have reasonably concluded that the appellant was in the victim's house at the time of the murder, and that he had significant physical contact with the victim; 3. appellant shared information about the murder with his cellmate that was unknown, even by police; and 4.  appellant identified himself as the "number one suspect" at a time when the police did not consider him a suspect.

Possession of Cocaine

In Campbell v. State, the Texas Court of Criminal Appeals reversed a conviction of possession of cocaine in an amount of 4 grams or more, but less than 200 grams.  The jury found 2 enhancement paragraphs true and assessed punishment at 99 years in prison.  The court of appeals held that the appellant's notice of appeal was untimely filed and dismissed for want of jurisdiction.

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