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Thursday, 08 April 2010 18:43 |
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On March 31, Jamie Juarez won his appeal in the Texas Court of Criminal Appeals when the court ordered a new trial because the judge improperly refused to permit jurors to consider the legal defense of necessity. As he was being arrested for burglary, the police officer pressed his full weight onto Jamie's back making it impossible to breathe. As he began to black out, he bit the officer's thumb, as he testified, not to assault the officer but to force him off Jamie's back so he would not suffocate. At his trial for assaulting the police officer, the trial judge barred jurors from considering whether Jamie's actions were permitted under the law of necessity: forcing the officer off in order to prevent Jamie's own death.
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Read more... [New Victory in the Texas Court of Criminal Appeals]
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Thursday, 18 February 2010 16:09 |
In September 2009, on the theory that as executor of his mother’s estate Jerry Byrom refused to pay two overdue invoices to an accountant and lawyer who each incurred charges for her guardianship, the 71-year-old Mr. Byrom was locked in the Cherokee County, Texas jail for civil contempt.
Tyler criminal defense attorney James W. Volberding filed a petition for writ of habeas corpus in the Tyler Court of Appeals asking for Mr. Byrom’s immediate release and briefing the case. Time passed and the court would not make a decision.
Mr. Volberding then wrote the Chief Justice. After the Chief Justice failed to respond, Mr. Volberding filed a motion to put the case on the accelerated docket, which the court granted, though it still took no action. He then filed two more motions asking for a decision, which the court denied.
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Read more... [Man Released From County Jail After Nearly Five Months on Erroneous Civil Contempt Claim]
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Saturday, 30 January 2010 15:27 |
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On January 17, I ran the Houston Marathon under blue skies and with perfect racing temperatures in the upper 40s and low 50s. Despite those advantages, I could not hold the pace to make a PR or break 3:25. I held to 7:35 - 7:45 per mile for the first 15 miles but at mile 16 I could feel strength slipping and struggled for increasingly slower times - 7:50, 8:00, 8:08, 8:10, 8:30 and even 9:00, but in the final miles managed to gut it out well enough to preserve sufficient time to cross the finish line at 3:29:30, another Boston qualifying time and a respectable performance. I ranked 615 overall out of 6,670 men and women who started.
Next race is the Boston Marathon on April 19, 2010. |
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Friday, 05 August 2011 18:04 |
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A client was accused of soliciting a 17-year-old male for sex in Wood County, Texas. Smith County defense attorney Wes Volberding presented evidence to the District Attorney which contradicted the assertion and the prosecutor agreed that dismissal was appropriate. Mr. Volberding successfully obtained the dismissal of the charge. |
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