Each case is fraught with its own issues, and a lawyer cannot guarantee success at any stage of the proceedings. A few of our notable results are highlighted below.
- United States v. Grover Clendon Elrod. Grover Elrod appealed his 180-month, mandatory-minimum sentence that was imposed pursuant to the Armer Career Criminal Act following his conviction for being a felon in possession. We persuaded the Court of Appeals that the district court plainly erred by holding that his prior convictions for burglary under the Texas Penal Code constituted violent felonies. The Court of Appeals vacated the judgment and remanded the case for resentencing with his advisory Guidelines being 37–36 months' imprisonment without the enhancement.
- United States v. DeMarquis Williams. DeMarquis Williams was charged with violating 18 U.S.C. § 371 (18 U.S.C. § 1029(a)(2)), Conspiracy to Traffic and Use Unauthorized Access Devices (credit card fraud in layman's terms). He pleaded guilty to the charge, but preserved his rights to appeal his sentence. We handled the appeal in the Fifth Circuit Court of Appeals and obtained a reversal on one of the two issues presented.
Texas Civil Appeals
- Alexander v. Kent, 480 S.W.3d 676 (Tex. App.—Fort Worth 2015, no pet.). We were retained to appeal a judgment over a contract for the construction of a car lot. We were able to persuade the court of appeals to vacate the awards of attorney's fees and special damages which comprised the majority of all damages awarded.
- Smith v. Pena, 321 S.W.3d 755 (Tex. App.—Fort Worth 2010, no pet.). We were retained to appeal the judgment of the trial court which had entered a judgment after a summary proceeding in the context of a mediation. We persuaded the court of appeals to vacate the judgment.
Texas Criminal Appeals
- Wordlaw v. State. In a written judgment, the trial court assessed restitution damages and reparations against Wordlaw. We appealed the judgments, arguing that these awards constituted error because the trial court failed to orally pronounce them in open court. The court of appeals modified the judgments to delete the restitution awards and fines.
- Thomas v. State, 461 S.W.3d 305 (Tex. App.—Fort Worth 2015, no pet.). In this appeal, we sought to reverse our client's conviction based upon a witness's invocation of his Fifth Amendment privileges on cross-examination. The court of appeals ultimately held that because our client's defense lawyer was ultimately able to cross-examine the witness on a tax-cheating scheme any error was harmless.