Texas Criminal Attorney Blog

Many of you may be aware of the unfortunate ruling recently by the Texas Court of Criminal Appeals regarding death row inmate Charles Dean Hood. Attorneys for Mr. Hood appealed his conviction when it was discovered that the district judge who presided over his trial had engaged in a clandestine sexual affair with the district attorney who prosecuted Mr. Hood. Although there were rumors circulating about the secrete affair at the time of Mr. Hood’s trial, his defense attorney had no actual proof of the affair until after the trial when a former assistant district attorney executed a signed affidavit acknowledging the affair.

The Court of Criminal Appeals overruled Mr. Hood’s appeal of his conviction, which focused on the clearly compromised impartiality of the sitting judge. The basis for overturning the appeal was that Mr. Hood did not raise the issue of the affair in a timely fashion. The defense argued that they could not have raised the issue because at the time the appeal began they had no actual proof of the affair. Today, the editorial staff of the Dallas Morning News opined about the decision in an editorial entitled, “Justice Disgraced.”

The high court’s ruling is clearly a disgrace for no other reason that it cast a larger shadow on the Texas Criminal Justice System already suffering the strains of wrongful convictions and rampant prosecutorial misconduct ( i.e., Dallas fake drug scandal, DNA exoneration(s), etc.). For more information on the problems with the Texas Justice System see the Innocent Project.

What struck me most about the recent Hood case was the reaction from the Collin County District Attorney’s office where the prosecutor in charge of the appeal called the ruling a, “significant procedural victory.” That statement is appalling on its face as criminal justice should be about “justice” and not “procedural” wrangling such as in civil law. However, this attitude of “procedure” over “justice” is fast becoming a major problems spreading trough the Collin County District Attorney’s Office. My partner, Hunter Biederman, recently wrote about a similar issue we experience with prosecutors from Collin County. To read Hunter’s article click this link.

Prosecutors have an affirmative duty to not seek conviction but to do justice. This mandate is found in the Texas Code of Criminal Procedure Article 2.01 which reads, in part, “It shall be the primary duty of all prosecuting attorneys…not to convict, but to see that justice is done.” Don’t misunderstand the tone of this article. As a former prosecutor from Collin County I know that the majority of the prosecutors there are talented, ethical and conscious attorneys. However, as with any office, there are a few instances where individual prosecutors have lost there sense of purpose and have employed tactics that run counter to doing “justice.” Although, I will not name names (YET!) below please find a few situations that I have experienced with my clients where prosecutors have employed tactics that were counter to the interest of justice.

Continue reading " Doing Justice? I Think NOT! " »

It was a bitter-sweet week for me personally. Early this week, it was announced that Governor Perry had made the decision to appoint current Collin County Court at Law 4 Judge Ray Wheless to the 366th District Court bench. One the one hand, I celebrated Judge Wheless’ appointment because it was a great day for his family and him and because I have no doubt he will be a FANTASTIC district court judge. One the other hand, however, it is extremely sad to see the man I consider my professional mentor leave the county courthouse where most of my practice is concentrated.

I have had well over 70 trials in front of Judge Wheless in my career. In my humble opinion, Judge Wheless embodies the characteristics that we should all hope for in a judge. Judge Wheless has delivered justice when it was required, made difficult rulings without hesitation, always upheld the standards of law enforcement, and most importantly never lost his compassion for the individual accused.

In addition to his work as a county court judge, Judge Wheless has helped countless citizens overcome the burdens of addiction to get their lives back on track through his DWI / Drug Court Program. I personally have had numerous clients enter his program. The transformation that some have made with the help of Judge Wheless and his court staff through the Drug Court Program is amazing and should be recognized. I personally have witnessed lives that have been changed thanks to the hard work of all involved in the program.

Lastly, not only is Judge Wheless moving to the District Court but he is taking with him his fabulous court staff. Judge Wheless’ court staff includes; Court Coordinator, Melissa Andrews; Court Reporter, Angela Coker; and Bailiff, Bobby Chacon.

Melissa, Angela and Bobby are good friends and have always went out of their way to help attorneys, especially those who sometimes do things like forget a court date, accidentally sets hearings on a Saturday, or who tell juries to go to the “delivery” room and bring back a verdict. Sound familiar, guys? You three will be missed!

Good luck to Judge Wheless and his staff and congratulation to the citizens of Collin County. I have NO doubt that the new 366th District Court will be a court to be proud of.