Experience

After 40 years in practice, Mr. Warner’s vast experience in appellate law includes some of these career highlights:

Mr. Warner won a new trial for a client who had confessed to killing a policeman and been sentenced to death for capital murder; he worked on that case for six years.

As counsel for the civil defendant in a fraud case involving a contract in which the plaintiff said the defendant never intended to perform, he got a new trial overturning a verdict for over a million dollars.

Mr. Warner persuaded the Court of Appeals to set aside a judgment and penitentiary sentence and to order a new trial although his clients had pleaded guilty to possessing a ton of marijuana; the trial judge had made a technical error.

In a capital murder appeal, Mr. Warner persuaded the appellate court to find that the trial had not been fair and to order a new trial because of an error in jury instructions; he got this result even though there had been no objection at trial, which usually waives such error.

In a forfeiture of money in a car illegally seized by the sheriff, as counsel for the plaintiff after trial involving over $108,000 in the registry of the court, Mr. Warner got the Court of Appeals and the Supreme Court of Texas to award all the money to his client, even though the jury had given his client nothing at all. By agreement, the attorneys received $36,000.00. The client received $71,353.00.

In a criminal appeal involving drugs, Mr. Warner persuaded the United States Court of Appeals for the Fifth Circuit to allow an appeal even though the defendant had signed a waiver of appeal and the trial judge told him he was waiving his appeal. In the same case he persuaded the Court of Appeals to reverse the judgment and to remand for resentencing because the sentence was unsupported by the evidence.

In a complex real estate matter in which the trial court had rendered summary judgment against his civil defendant based on adverse possession, Mr. Warner persuaded the Court of Appeals to reverse the trial court’s judgment and to order a new trial.