|
Type of Case |
Result |
|
Driving While
Intoxicated |
Jury Trial – Not
Guilty |
|
Assault |
Jury Trial – Not
Guilty |
|
Criminal
Mischief |
Jury Trial – Not
Guilty |
|
Aggravated
Assault |
Jury Trial –
Mistrial / Hung Jury;
Subsequently
Dismissed |
|
Delivery of a
Controlled Substance |
Jury Trial –
Mistrial / Hung Jury;
Subsequently
Pled to a Reduced Charge |
|
Driving While
Intoxicated |
Jury Trial – Not
Guilty |
|
Theft |
Jury Trial – Not
Guilty |
|
Driving While
Intoxicated |
Jury Trial – Not
Guilty |
|
Driving While
Intoxicated |
Jury Trial – Not
Guilty |
|
Driving While
License Suspended and Possession of Controlled Substance |
Dismissed prior
to trial |
|
Felony Injury to
a Child and Assault Family Violence |
Declined to
prosecute |
|
Possession of a
Controlled Substance and Theft |
Dismissed prior
to trial |
|
Possession of
Marijuana and Controlled Substance |
Dismissed prior
to trial |
|
Assault Family
Violence |
Declined to
prosecute |
|
Driving While
Intoxicated |
Jury Trial – Not
Guilty |
|
Felony Evading
Arrest with a Motor Vehicle, Driving While Intoxicated, and
Possession of Marijuana |
Declined to
prosecute - Evading Arrest
Dismissed -
Driving While Intoxicated and Possession of Marijuana |
|
Assault Family
Violence |
Jury Trial –
Not Guilty |
|
Two counts of
Attempted Murder |
Negotiated
guilty plea - reduced charges of Misdemeanor Assault |
|
Minor in
Possession of Alcohol |
Jury Trial – Not
Guilty |
|
Terrorist
Threats |
Dismissed prior
to trial |
|
Carrying an
Illegal Knife |
Dismissed prior
to trial |
|
Driving While
Intoxicated and Failed Breath Test |
Dismissal –
Court granted Defendant’s Motion to Suppress |
|
Felony
Possession of a Controlled Substance |
Dismissed prior
to trial |
|
Juvenile Assault |
Jury Trial – Not
Guilty |
|
Driving While
Intoxicated causing Accident |
Dismissal –
Driving while Intoxicated and Guilty Plea to reduced traffic charge |
|
Criminal
Mischief of School |
Jury Trial – Not
Guilty |
|
Driving While
Intoxicated |
Jury Trial – Not
Guilty |
|
Racing on a
Highway causing Seriously Bodily Injury |
Dismissed at
time of trial |
|
Theft from
Employer |
Jury Trial – Not
Guilty |
|
Possession of a
Controlled Substance |
Dismissal –
Court granted Defendant’s Motion to Suppress |
|
Possession of a
Controlled Substance and Possession of Marijuana |
Grand Jury – No
Bill of Indictment |
|
Driving While
Intoxicated |
Dismissed at
time of trial |
|
Driving While
Intoxicated |
Jury Trial – Not
Guilty |
Local high
school coach and teacher arrested and charged with hazing based upon mere
attendance at party where hazing was alleged to have occurred. As a result
of Mr. Bailey’s aggressive defense of the charges, the trial court found the
hazing statute to be unconstitutional as applied to our client. The State
appealed and Mr. Bailey successfully defended the trial court's decision
before the court of appeals, which affirmed the unconstitutionality of the
statute. The State appealed further to the Texas Court of Criminal Appeals,
which refused to hear the case, affirming the lower court decisions. The
court of appeals decision is published as State v. Zascavage, 216
S.W.3d 495 (Tex. App.--Fort Worth 2007, pet. ref'd).
Local
police chief investigated a fatality motor vehicle accident and refused to
release public information concerning the investigation. Mr. Bailey filed a
civil suit seeking a writ of mandamus to require the chief to produce the
records. The trial court agreed with Mr. Bailey and ordered the chief to
produce the records. The chief appealed to the court of appeals, which
affirmed the trial court's order granting the writ of mandamus. The court
of appeals decision is published as Simmons v. Kuzmich, 166 S.W.3d
342 (Tex. App.--Fort Worth 2005, no writ).
Citizen
arrested and charged with felony possession of a controlled substance and
convicted by jury (different trial counsel). Mr. Bailey was appointed to
handle the appeal and challenged the constitutionality of the search and
seizure of evidence by police. The court of appeals agreed with Mr. Bailey
that the police conduct was illegal and reversed the conviction, rendering a
judgment of acquittal. The court of appeals decision was not published
(2001).
