Recent Cases

In Mexico v. United States of America, Mr. Warner was consulting counsel to Mexico before the International Court of Justice at the Hague. The death sentence of his client, Roberto Moreno Ramos, and those of more than fifty other Mexican nationals, was set aside. President Bush intervened and the Supreme Court of the United States sent the cases back to the state courts for reconsideration.

In Beasley v. State, Mr. Warner persuaded the Court to reverse the conviction and death sentence of his client, who had confessed to killing a policeman during a burglary. Mr. Warner worked on the appeal for six years and won a new trial for his client.

In Bullis v. Saint Anthony’s Hospital, Mr. Warner worked on a case for the surviving husband of a young wife who was admitted to the heart wing of the hospital by a doctor not authorized to do that and who administered a drug intravenously which should have been given orally. She suffered in a vegetative state and then died. The matter settled.

In Carrera v. State, Mr. Warner convinced the Court to reverse the conviction and sentence in another capital murder conviction. Although three people were killed, Mr. Warner convinced the Court that the trial judge’s explanation of the law was so erroneous that the trial was unconstitutionally unfair. Mr. Warner got his client a new trial.

In U.S.A. v. Cuellar, Mr. Warner persuaded the United States Court of Appeals for the Fifth Circuit that the defendant’s waiver of his right to appeal was involuntary, so the defendant was allowed to appeal even though the prosecutor did not want him to appeal. He also convinced the Court of Appeals that the trial judge made a serious mistake in raising the sentence. The Court of Appeals sent the case back for a lower sentence.

In Maydon v. State, Mr. Warner convinced the Court of Appeals that the state would violate the constitutional prohibitions on double jeopardy if it attempted to try the defendant the second time after a mistrial. Mr. Warner persuaded the Court of Appeals to prohibit a second trial and the defendant went free.

In Hodges v. State, Mr. Warner persuaded the Court of Appeals that the defendant had not received effective assistance of counsel at trial. The Court of Appeals remanded the matter to the trial court for a new proceeding.

In Logan v. State, Mr. Warner convinced the Court of Criminal Appeals to reject the state’s petition. Mr. Warner prevailed on his interpretation of the statute. In this arson matter involving well over a hundred thousand dollars, the state wanted his client convicted of a felony. Mr. Warner persuaded the Court of Criminal Appeals that probation for a misdemeanor was the legal sentence.

In State v. Mondragon, which was the defendant’s sixth felony trial for driving while intoxicated, Mr. Warner persuaded the trial jury to find his client not guilty, even though the client was driving on the wrong side of the road at two o’clock in the morning.

In State v. Hinojosa, Mr. Warner convinced the trial jury to find his client not guilty of murder, even though the defendant was found by standing over the body with a gun.

In State v. Camacho and Ybarra, Mr. Warner convinced the Court of Appeals to grant a new trial because the trial judge had considered illegal evidence. This was despite the fact that the defendants had pleaded guilty to possession of a ton of marijuana when another lawyer represented them.

In State v. Perez, Mr. Warner persuaded the Court of Appeals that a statute was unconstitutional. Even though the jury found the defendant guilty, the Court of Appeals ordered a new trial.