On October 16, 2019, Tim Molina surprisingly concluded a jury trial in Comal County District Court. Tim’s client was wrongfully accused of burglary. After Tim’s cross-examination of the arresting officer, it was clear the charge was bogus. The Court granted a motion for directed verdict. A directed verdict is a tool a competent trial attorney seeks to have the judge declare the state failed to meet its burden of proof – – proof beyond a reasonable doubt that a crime was committed. A directed verdict is a legal declaration by the judge that the state did not even have the most minimum of evidence that a crime was committed. The officer’s testimony on cross-examination was that Tim’s client was charged with the crime for an improper purpose – – so the officer could secure a protective order for the alleged victim.
Hung Jury
Last week, I tried a case where a client was accused of four crimes stemming from one auto accident. The charges included intoxication manslaughter and intoxication assault. The jury returned verdicts relatively quickly which acquitted our client of manslaughter and aggravated assault, but which convicted our client of intoxication assault and intoxication assault. The first phase of the trial is…