Clint Broden had a client charged in federal court for failure to register as a sex offender in the Northern District of Texas based upon an Illinois Child Pornography conviction. The case was dismissed on the eve of trial through a motion in limine based on the argument that the Illinois child pornography law had a broader mens rea element (should have known child was under 18) than the federal law (knew child was under 18). Because the Illinois statute “swept more broadly” than the federal SORNA statute, Broden argued that the Illinois could not form the basis of a federal failure to register charge and therefore was inadmissible at trial and need to be excluded in limine. Without the admissibility of that conviction, the government had to dismiss the case because it was the only basis for the federal failure to register charge. Congratulations, Clint!
Congratulations to Heather Barbieri, who got a NOT GUILTY on false allegations of continuous sexual assault of a child, last week in Collin county. Amazing work, Heather!
Mark Griffith received a verdict of NOT GUILTY on a DWI case. His client’s blood test was suppressed prior to trial. After a full investigation and a two day jury trial, “Sweet Justice” was served. Congratulations, Mark!
The Court of Criminal Appeals unanimously decided Ex Parte Clinton Lee Young, No. WR-65,137-05 (unpublished) granting a new trial on September 22, 2021. Young had been on death row since 2003, and had three previous writs failed. The Los Angeles Federal Defenders, Capital Habeas Unit, took on the case and found records that the district judges had paid Assistant District Attorney Ralph Petty $16,000 for working for the judges on Young’s case, while drawing a salary from the District Attorney’s office. The DA self-recused and a neighboring County’s DA was appointed to represent the State. Allison Clayton was enlisted to assist with FOIA requests and other investigation of Midland County records. Ultimately, Petty double-dipped repeatedly, getting paid by several judges as their “law clerk”, from around 2000-2016, on top of a base annual salary of about $151,950. At least $262,650, in addition to his salary, was paid by the judges. Petty retired in lieu of State Bar discipline. In response to discovery efforts, Petty asserted his Fifth Amendment rights. This throws into doubt the validity of about 450 convictions in Midland County. TCDLA has filed Complaints with the State Commission on Judicial Conduct, reporting record facts on all the offending judges. Outstanding job to Allison Clayton, and all who contributed!
Kudos to T.W. Davidson, who represented a client on trial for murder in Cherokee county. After a nine day trial and six hour jury deliberation, they received a NOT GUILTY verdict. Great work, T.W.!
Shout-Out to Mark Thiessen, Amanda Culbertson, and Kacie Penman, who were able to achieve a NOT GUILTY on a .146 suppressed breath test DWI case. They were able to prove that the 15 minute required observation period for the breath testing was violated by the arresting officer by checking the DPS computer logs. Kudos to all!
Staff Highlights: TCDLA’s Seminar Associate
Title: Seminar Associate
Native State: Texas
Zodiac Sign: Libra
Favorite Color: Lime Green
Loves: to be creative
Interesting Fact: She cannot wink, snap or whistle.
Desirae Esquivel has six years of service industry experience and has been a bookkeeper for over two years. At TCDLA, she prepares registration forms, agendas and evaluations. She also applies for the CLE credit and maintains the online CLE. In her spare time, she likes to draw, paint, craft and sew. In addition, she volunteers at dog adoption events and enjoys the great outdoors.