A Few Notable Results

 

Terry served on the legal team that succeeded in obtaining an order vacating the death penalty and murder conviction of capital habeas petitioner James Harlow (Wyo. D.Ct. No. 05CV039-B).  Judge Brimmer's Order granting habeas relief can be found here.  Terry also currently serves on the legal team that succeeded in obtaining an order vacating the death penalty of capital habeas petitioner Dale Eaton (Wyo. D.Ct. No. 09CV261-J).  Judge Johnson's Order granting habeas relief can be found here.

 

Terry obtained a sentencing reversal in the Tenth Circuit Court of Appeals in the case of United States v. Brown, 529 F.3d 1260 (10th Cir. 2008) (UCMJ Courts Martial for child pornography possession held not to be a “prior conviction” under federal child pornography statutes).  The Tenth Circuit's published opinion can be found here.  Terry obtained a federal jury trial “not guilty” verdict in United States v. Nowlin (Wyo. D.Ct. No. 06CR242-D) The government's criminal complaint charging client Casey Nowlin with assault with serious bodily injury can be found here, and indictment, here.  The Court's Judgment of Acquittal can be found here.  Terry obtained a federal jury trial "not guilty" verdict also in United States v. Castro (Wyo. D.Ct. No. 02CR077-J) The indictment charging client Blanca Castro as the leader of methamphetamine conspiracy, with a possible sentence of ten years to life in prison, were she to have been convicted can be found here.  The Court's Judgment of Acquittal can be found here.

 

Terry obtained a federal District Court order granting habeas relief under 28 U.S.C. § 2255 in Medina-Gonzalez v. United States, vacating both the conviction and the 168-month sentence, and ordering the immediate release of Mr. Medina (Wyo. D.Ct. Nos. 12CV105-F and 10CR127-F) (Terry obtained relief on claims that Abel Medina's Fifth Amendment rights were violated due to the federal government's Brady violations preventing a full and fair hearing on Mr. Medina's Fourth Amendment search and seizure claims).  The Court's Orders can be found here and here.

 

Emily, as lead counsel, obtained a "not guilty" jury verdict in State of Wyoming v. Timothy Larimore, Doc. 32-667, involving a felony theft charge alleging store manager Timothy Larimore stole the company cash bank deposit.  The Court's Judgment of Acquittal can be found here.  In State of Wyoming v. Lester Brown, Doc. 34-104, Emily, as lead counsel, obtained a "not guilty" jury verdict with respect to the felony count of burglary.  The jury returned guilty verdicts on the misdemeanor counts of property destruction and interference with a peace officer, both of which Mr. Brown conceded.  Mr. Brown offered to plead guilty to both of those misdemeanor counts months prior, before his preliminary hearing.  The State declined.  Emily's pretrial advocacy has enabled the State to reanalyze cases to avoid putting defendants through an unnecessary trial.  In the State of Wyoming v. Pernisha Hayes, Emily convinced the State that Ms. Hayes was the victim - not the perpetrator.  As a result, the State dismissed the case with prejudice.  

 

Recently, Emily utilized changes in the self-defense statute, coupled with the Wyoming Supreme Court's newly articulated procedure with respect to a claim of self-defense, to secure immunity from prosecution and a dismissal. Emily's dismissal in the State of Wyoming v. Ryan Wallace, Doc. CR-2019-1788, was the first in the Circuit Court of the First Judicial District in Wyoming. Emily represented Mr. Carabajal before the District Court in the State of Wyoming v. Matthew Carabajal, Docs. 34-412 and 34-461.  Emily objected to the State's untimely request for joinder and the State's last-minute request to dismiss each docket without prejudice in order to immediately refile both as one docket.  Ms. Robin Cooper, appellate attorney with Office of the State Public Defender, represented Mr. Carabajal before the Wyoming Supreme Court.  Ms. Cooper used Emily's pretrial pleadings to secure a reversal of the trial court's decision to grant dismissals without prejudice in both cases.  Emily detailed the State's abuses through pre-trial limine motions.  Ms. Cooper utilized this detail to also secure a remand with instructions to dismiss Mr. Carabajal's two matters with prejudice.

 

 

These notable results obtained for our clients represent a small sampling of the quality results Harris & Harris, P.C. strives to achieve for every client, every day.

 

 

 

 

 

 

 

 

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