Frank Sellers
Midland Christian employees no billed by grand jury
MIDLAND, Texas — The five Midland Christian employees who were accused of failing to report a sexual assault were no billed by a grand jury Wednesday, according to relatives of those involved in the case.
This means the grand jury did not think there was enough evidence to take the case to trial at this time, but they could be indicted later.
Greg Westfall
Westfall on Texas Now Requiring DWI Blood Warrants
Defense attorneys say blood warrants should be required because it’s an invasive search.
“Why is it a good thing? Well, if you’re the one driving and a police officer wants to stick you with a needle, it’s good to have somebody standing between you and him that’s going to make a neutral decision as to whether that’s going to happen,” Fort Worth lawyer Greg Westfall said.
Westfall says police now get warrants quickly any way from judges on call. Officers send a form, judges sign and fax it back.
“The whole thing takes less than half an hour,” he said.
Greg Westfall
Westfall Interviewed by Fort Worth Weekly on DNA Testing
Greg Westfall, one of the attorneys who represented Jones’ sons, said the criminal justice system is reluctant to permit posthumous DNA testing in death cases “because they are afraid that somewhere down the road someone will prove they killed an innocent person.’’
“If we’re going to have capital punishment, we as a society ought to be willing to look inside and see if we’re killing innocent people,’’ Westfall said. “Our legal system is given to mistakes. Even though he [Jones] is dead, killed by the state of Texas, the state of Texas ought to be willing to [give] up this evidence and have it tested.’’
Greg Westfall
Westfall Helps Family File Wrongful Death Lawsuit After Robbery
Westfall questioned how the owner can justify her workers “carrying guns around,” and said he is going to look into the way they do business in what he referred to as the “wild West of head shops.”
“You don’t get to shoot a guy for shoplifting, not even in Texas … if that’s what he [Fuad Babatunde-Oscar] was doing anyway,” Westfall said.
The family also is suing for the pain and suffering that Fuad suffered at the hands of Lambert after experiencing the “terror of being chased down and gunned down in the parking lot,” he said.
Frank Sellers
Could Vials Used By Fort Worth Police Alter Blood Alcohol Results? Some Experts Say Yes
Vials that have been used for years by Fort Worth police to collect blood from suspected drunken drivers may be affecting the reliability of blood alcohol test results, according to a defense attorney and experts interviewed by the Star-Telegram.
To save money, the department has been using the smaller vials and assembling its own kits to test blood samples for alcohol concentration rather than buying ones already made.
Frank Sellers
2019’s Need-to-Know Changes to DWI Law
Together, House Bills 20482 and 35823 refashioned Texas DWI law and punishment—and finally abolished surcharges. Kind of.
Now, a person “finally convicted” of DWI “shall” pay a fine of $3,000 for a first conviction, $4,500 for a second, and $6,000 for all DWI convictions over 0.15. Presumably, a person is not finally convicted if they receive a newly created “deferred adjudication” on their DWI. The legislature also slightly altered and expanded nondisclosure eligibility. This paper overviews the changes to the new DWI laws
Frank Sellers
Texas gunman who mistook cop for home intruder acquitted of murder
A Texas man who opened fire on a cop who was checking a security alarm at his house was acquitted of murder Wednesday.
Frank Sellers
Midland mayor, Midland County DA, Trinity defense attorney comment on case dismissal
Charges against four Midland Trinity administrators were dismissed following the testimony of the main detective in the case.
Frank Sellers
Clay County charge against Ashley Culley dismissed – Times Record News
Ashley Culley said accusations from the Clay County Sheriff’s Office left her life in tatters. Ashley Culley. A misdemeanor charge against Culley …
Frank Sellers
All charges dismissed against Midland Trinity administrators
The trial came to an abrupt end after the main detective on the case, Jennie Alonzo, testified Tuesday.
Greg Westfall
Westfall Files Lawsuit Against Texas for Execution Process
Defense attorneys like Greg Westfall argue the nation’s prison officials continue to keep things secret not because of safety concerns but to keep the execution process intact.
“The idea that drug manufacturers are going to get death threats is a bunch of bull,” said Westfall of Fort Worth, who has defended about 25 people facing capital punishment. “What they are worried about is (the public) giving economic pressure to the manufacturer.”
Frank Sellers
Deadly Dance in Texas – Frank Sellers on 20/20
Dr. Joseph Sonnier met his girlfriend Richelle Shetina at a dance class, and the two traveled to Paris together, just weeks before the unthinkable happened.
Frank Sellers
Back to Basics: Attack SFSTs, Not the Officer
In the heat of trial, all trial attorneys fight vigorously for their DWI clients. In that fight, it’s understandable that you want to destroy the officer, destroy the Standard Field Sobriety Tests (SFSTs), and vindicate your client.
Greg Westfall
Dallas News Coverage on a Judge Represented by Westfall
Mario X. Perez went from the highest of the highs to the lowest of the lows.
He was an associate judge in the small Fort Worth suburb of Forest Hill and also the state chairman of Common Cause, a liberal activist group that promotes campaign finance reform, among other causes.
In 2012, he was indicted on six felony counts of tampering with government records — in this case, campaign finance reports for an Arlington school board candidate. The case never went to trial. Last month, Perez signed an agreement to end the case with a small civil penalty. No criminal charges.
“He did nothing wrong,” says Perez’s lawyer, Greg Westfall of Arlington. “This was a witch hunt to destroy Mario.”
Frank Sellers
Sellers Files Criminal Appeal for Child Sex Offense Case
Appellate attorneys for convicted Miles, TX man, Justin Riordan argued their case in front of the Texas Third Court of Appeals in San Angelo Thursday. Representing Justin Riordan, who was granted an appeal late last year, was Fort Worth criminal defense attorney Frank Sellers.
His client, Riordan, was convicted for having sexual intercourse in the early morning hours with a 13-year-old girl at a house party in Miles in 2014. The testimony of the girl, who by the time of the trial was 15 and still considered a child witness, would become the principal evidence in the trial.
The child witness’ testimony was inconsistent. Days after Riordan was convicted and sentenced to 10 years in prison, a teenaged girlfriend of the witness came forward after reading of Riordan’s conviction on San Angelo LIVE! She signed an affidavit stating that the child witness told her she had lied about Riordan raping her. She is referred by her initials, “T.S.,” for the remainder of this article.
Frank Sellers
Charges dismissed against former UPS employee accused of stealing rifles from police
Felony theft charges were dropped Thursday against a 37-year-old former UPS supervisor accused of stealing rifles and gun parts in March 2015 from a distribution center.
“Robert is a devout Christian and has never been in trouble before in his life,” said Luera’s attorney, Frank Sellers. “He made some very serious mistakes that, as soon as he was approached by police, he was 100 percent cooperative at all times throughout the investigation to help get back the property to the rightful owners.”
Greg Westfall
THE SINGER AND HIS FALLEN FRIENDS
Greg Westfall sings the stories—and saves the lives—of society’s rabble.
In 2003, Fort Worth’s Greg Westfall was living every musician’s dream. He was in a Los Angeles recording studio with a top-notch band putting the final touches on tracks (the majority of which he wrote himself) for his first CD. It’s the kind of situation that only a matter of life or death could interrupt.
Frank Sellers
Sellers Puts Prosecutor and Texas Office of Attorney General on Stand
Attorneys for John Young seeking a new trial put the prosecuting attorneys and investigator from the Texas Office of Attorney General on the stand Tuesday morning to testify in Young’s hearing for a new trial.
Defense attorney Frank Sellers called Assistant Attorney General Shane Attaway to the stand first. Sellers peppered the state prosecutor with questions about the law and the burden of prosecutors to turn over all evidence to the defense. The motion for a retrial was made after Katie Hartman, the ex-wife of Sweetwater attorney Chris Hartman, signed a sworn affidavit just five days after Young’s trial ended in November. In the affidavit, Katie Hartman swears she witnessed her ex-husband forge John Sullivan’s will in the back of a prayer book. That forged will left Sullivan’s estate to John Young.
Then there was another bizarre twist. San Angelo attorney Mark Brown was sitting in the courtroom taking notes. At one point, he passed a note to prosecutors. Sellers saw the note and literally stopped the proceedings demanding to see the note. Both prosecuting and defense attorneys were summoned to the bench before District Judge Brock Jones. The content of the letter was not disclosed.
Greg Westfall
Westfall Sellers Combats Voter Fraud Charges for Clients
Frank Sellers and Greg Westfall are representing defendants accused of voter fraud by the Texas Attorney General Ken Paxton. However, the attorneys accuse the AG of suppressing the minority vote in Tarrant County ahead of the November 6th election.
Greg Westfall
Texas Monthly on Westfall Case Where Son Murdered Father
When Lance took the stand, he testified so powerfully about his father’s violence that some jurors blinked back tears. But prosecutor Mitch Poe interrogated him for mercilessly shooting his father a second time even after Bill asked his son to call 911. The jury split down the middle—six for probation and six for a prison term. One angry juror demanded a life sentence. After days of deliberations, the foreman passed the judge a note that read “We are close to coming to punches.”
After a mistrial was called, the lawyers on both sides, realizing that the chance of another hung jury was high, got together to negotiate. The district attorney’s office settled for a deal: a guilty plea to manslaughter in exchange for a three-year sentence. Lance’s attorneys declared it a victory. In the courtroom, Lance hugged his mother good-bye, asked a few friends to check on her daily, and was led away in handcuffs.
Greg Westfall
Greg Westfall testifies before Texas House of Representatives Committee on Judiciary & Civil Jurisprudence
Frank Sellers
Texas gunman acquitted in Midland officer’s death after self-defense claim
Texas Ranger, police trainee testified it was possible defendant didn’t hear officer identify himself from outside door
Greg Westfall
Westfall on Texas Now Requiring DWI Blood Warrants
Defense attorneys say blood warrants should be required because it’s an invasive search.
“Why is it a good thing? Well, if you’re the one driving and a police officer wants to stick you with a needle, it’s good to have somebody standing between you and him that’s going to make a neutral decision as to whether that’s going to happen,” Fort Worth lawyer Greg Westfall said.
Westfall says police now get warrants quickly any way from judges on call. Officers send a form, judges sign and fax it back.
“The whole thing takes less than half an hour,” he said.
Frank Sellers
Frank Sellers Challenges Indigent Defense System
If you cannot afford to hire a lawyer, one will be appointed to represent you. That’s called an indigent defense attorney.
Sellers said the contracted indigent defense attorney in the 106th Judicial District is assigned too many cases, preventing him from providing effective assistance of counsel as defined by bar guidelines and case law. Sellers is now representing Victor Vargas after he said Vargas’ court appointed attorney, Artie Aguilar, allegedly dropped the ball.
“What drew me to Victor was he said, ‘I had no choice,'” Sellers said.
Frank Sellers
David Wilson has gone through the most unimaginable three years’: Wilson’s team reflects on what the process has been like for everyone
Nearly three years of investigations and court proceedings all came down to 90 minutes of deliberation by a Midland County jury.
Frank Sellers
Defense attorneys discuss no bill decision handed down to 5 MCS employees
MIDLAND, Texas — It’s been a long three months for the Midland Christian community. There are five educators and their families who know that better than anyone.
However, a grand jury no-billed MCS superintendent Jared Lee, principal Dana Ellis, assistant principal Matt Counts, former athletic director Greg McClendon and baseball coach Barry Russell.
Frank Sellers
Judge Disqualifies DA Allison Palmer from Prosecuting Robert Lee Murder Case Attorney: Sellers
SAN ANGELO, TX — 51st District Attorney Allison Palmer has been disqualified from prosecuting the Robert Lee murder trial of Jasmine Moreno by a visiting judge.
Judge Mike Freeman from Waco held a hearing in Tom Green County on a motion to disqualify Palmer filed by defense attorney Frank Sellers last Friday, Aug. 23.
Frank Sellers
Defense teams for MCS administrators discuss months since arrests
MIDLAND, Texas — Barry Russell, Gregory McClendon, Matthew Counts, Jared Lee and Dana Ellis were all arrested two months ago and charged with failing to report harm to a child and intent to conceal. It has been two months, but their cases still haven’t gone before a grand jury.
In the meantime, the defense teams haven’t been able to do much other than wait because they had been waiting for a report to be submitted to the District Attorney’s office.
Greg Westfall
Westfall Delays Execution of Defendant on Death Row In 1987
In 1987, Emanuel Kemp Jr. was charged with capital murder in Fort Worth for allegedly hijacking a city bus, raping and killing a passenger. Currently, on death row, Kemp is scheduled for execution on November 7, 2018, in Tarrant County.
Attorney Greg Westfall has filed a motion to withdraw the execution date until DNA testing can be performed.
At the time of Kemp’s sentencing, DNA testing was uncommon. 1987 was the first year in the U.S. when DNA evidence leads to a conviction.
This was, for the most part, a circumstantial case,” Westfall states in the motion. “The bus driver was the only person to make an identification at the lineup, which was a cross-racial identification. He was the only identity witness to testify.”
Frank Sellers
Alcohol-Related Crashes On the Rise In the Hub City
Local Defense Attorney Frank Sellers said college students returning to Lubbock could explain the rise in alcohol-related crashes.
“With all of the college students and being in Lubbock I think that there’s a trend here toward people drinking more than other places,” Sellers said. “Some of them six hours away from home for the first time and They don’t know any better even if they should.”
Sellers said Texas laws allow driving after drinking, but only if it stays under the legal limit.
“Responsible drinking is legal but to get to the point where you’re over the limit or at the limit is where people start running in to problems,” Sellers said.
Greg Westfall
Westfall Interviewed by Fort Worth Weekly on Civil Case
In court documents filed earlier this week, Olson’s group states that the attorneys previously tried to effectively shut down the website and Facebook page where critical reports of the Tarrant County family courts were published, only to see a judge dismiss their petition.
“I think there is a pattern of harassment and this is part of it,” said Greg Westfall, the attorney representing the watchdog group and Olson. “This is political speech, like it or not.”
Ross’ clients are seeking more than $100,000 in damages. They also sought an injunction to prevent the group from publishing more posts, but a state district judge denied that request last month.
Westfall has said they will “vigorously” fight the lawsuit.
Frank Sellers
Clay County charge against former Wichita County IT worker dismissed, Click to find out why
Ashley Culley. A misdemeanor charge against Culley of tampering with a government record was dropped Oct. 6. It was connected to her part-time …
Frank Sellers
Client Granted New Trial Post-Conviction
Three years after being found guilty of a murder-for-hire scheme by a Lubbock Jury, Dr. Michael Dixon is granted a new trial by the Amarillo Court of Appeals.
Dr. Michael Dixon was initially represented in the capital case by defense attorneys, Dan Hurley and Frank Sellers. Dixon was convicted in November 2015 of ordering a hit to kill Dr. Joseph Sonnier.
The 7th District Court of Appeals has ordered the judgement of two life-sentences for Dixon to be reversed and remanded for a retrial.
Greg Westfall
Final hearing for Timbermill wind project
In what was perhaps the final public hearing for the upcoming Timbermill Wind project, several Chowan County residents and leaders gathered last Thursday to voice their support or opposition to the wind farm.
Greg Westfall
Westfall Quoted on Road Rage Murder Case
While law enforcement does not document crimes specifically as “road rage” or “impulsive rage” the way they do, for example, “hate crimes,” there is general agreement, and concern, by police and experts on violence that while the frequency of random rage incidents might not necessarily be spiking, the societal triggers and the chance that a firearm will be involved are indisputably on the rise.
“There used to be a huge divide between going through a situation and thinking, ‘Boy, I sure would like to kill that guy,’ which is kind of a natural human deal, and actually making it happen in the moment,” Fort Worth defense attorney Greg Westfall said. “The truth is, I think the overarching deal is that the practice of resolving disputes short of violence or some kind of a real crescendo of emotion, is dead.”
Frank Sellers
Yes, Texas Police Can Take Your Possessions
Civil asset forfeiture refers to the right of law enforcement officers to take property from citizens if they suspect it is somehow connected to criminal activity. They may seize a weapon that was allegedly used in a robbery or a vehicle that might have been purchased with money earned through the sale of illegal drugs. Initially, it was developed to combat organized crime, but, today, civil asset forfeiture is used by many police departments as a way to generate revenue.
Greg Westfall
Officer’s testimony supported not guilty verdict in Fort Worth murder case, attorney says
FORT WORTH – The testimony of a Fort Worth patrol officer in the murder trial of a former Water Department surveyor accused in the 2018 killing of a homeless man was one of the factors that led to the surveyor’s acquittal, an attorney said.
Frank Sellers
Court Motion: Ethically Challenged DA Allison Palmer Should Be Kicked Off Robert Lee Murder Case
ROBERT LEE, TX — “This will happen again. Next time it could be worse,” is what murder suspect Jasmine Moreno remembers 51st District Attorney Allison Palmer told her when Jasmine requested the prosecutors help lift a court protective order against her husband, Cisco Moreno, who was accused of assaulting and choking her last March.
Greg Westfall
Westfall On The Fate of “Girl in the Closet”
Greg Westfall, a criminal defense attorney in Fort Worth, said the case against Kavanaugh should be dismissed based on her traumatic past.
“I think it’s utterly inhumane to have her in jail right now,” Westfall said. “To run her through the legal system for this is completely inhumane unless one can be convinced there is no consent in this deal.”
Westfall said counseling is more appropriate for Kavanaugh than a possible prison sentence.
“Is she a predator? Hell no,” he said. “Is she someone who is going to be able to better communicate with a 14-year-old than an adult? Hell yes. She’ll catch up at some point. Not at her mid-20s.”
Greg Westfall
Westfall Secures 4 Months for TCU Student Accused of Murder
A former TCU student who was accused of murder for giving a fatal injection of heroin to the grandson of billionaire T. Boone Pickens was sentenced Monday to 10 years deferred adjudication probation in a deal reached with prosecutors.
Brennan Trainor Rodriguez, 23, pleaded guilty to a charge of delivery of a controlled substance that resulted in Ty Pickens’ death.
As part of his probation, he is required to serve four months in jail.
“We feel this resolution was in the best interest of all parties,” he said. “This case is a tragedy. It’s one of those where everybody has suffered a loss. To not to have to go through a trial is great in a case like this just because trials can be so ugly.”
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