New Victory in the Texas Court of Criminal Appeals |
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On May 5, 2010, attorney James Volberding won a new trial for a 55-year-old client in state penitentiary on the basis that the client’s trial lawyer failed to provide a meaningful defense. In 2006, a Bowie County jury convicted the client of possession of methamphetamine with intent to deliver and gave him 40 years, even though the confidential informant used by police testified at trial that she planted the drugs in the client’s house. Mr. Volberding filed motions and briefs with the Court of Criminal Appeals seeking a writ of habeas corpus for a new trial, arguing that the client did not receive effective assistance of counsel. Mr. Volberding filed a civil lawsuit against the trial attorney, took the attorney’s deposition – which proved that the attorney failed to grasp Texas procedure and rules – and filed the deposition with the Court. The Court agreed that the client was denied a fair trial and ordered a new one. He will soon be released on bond pending re-trial. |
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