When a FORMER judge, now a hire-by-the-hour criminal defense lawyer, challenges a warrant for DNA, you know the defs are in deep trouble.
#1, If the DNA did not link her client to the gun used to murder others, she would not be challenging the warrant to obtain the DNA.
#2, In a case such this, expecting an appeals court to reverse such a search warrant is a Hail Mary, but she has to burn the retainer hours somehow.
#3, Even if she won, they would simply draw more DNA under a new warrant.
#4, If this is all she has, the def is in big trouble.
All the jailhouse lawyer / motorcycle scum loving people here will reply to this post saying I’m wrong, how this is all a miscarriage of justice, etc.
But here is the reality. Many dozens of motorcycle club members, defined by Texas law as a criminal street gang, got into a shootout in a rural Texas county. 9 people ended up dead.
Many here cry about the DA throwing the book at all involved. Sorry, but he is simply following Texas law.
Already lawyers for some minor defs are cutting deals for reduced sentences in exchange for testimony.
Despite all the BS, with 9 people dead, 4 to 7 of these defs will get Death or LOWP, as they deserve, a dozen or so will get 3-5, and many more 180 days in County.
Sorry, but the defs came to McClennon County looking for trouble.... and they found it... in the law.
The issue was a bad/non-existent warrant and prosecutor/judge misconduct. What they are doing there to the bikers is not legitimate proceedings.