
Our firm recently secured a major appellate victory in a felony DWI case where prosecutors were pushing for a third-offense conviction. The case began when police tried to enter a private home at night after a twelve-year-old girl opened the door. That questionable entry led to an arrest, but we challenged it from the start, arguing that our client was an overnight guest entitled to the same privacy protections as any homeowner and that no child that young could give valid consent to admit officers. The trial court agreed and suppressed the evidence. The State appealed, and we defended that ruling both in our written brief and through oral argument. Oral argument is often requested in appellate cases but is rarely granted, which made this hearing especially significant. It was all the more memorable because it took place in front of a large audience of criminal justice students at Sam Houston State University, giving them an inside look at how constitutional rights are argued and protected. After we prevailed in the Court of Appeals, the State tried to take the case even higher. We filed a response in opposition to their petition, and the Court of Criminal Appeals refused review, leaving our win intact. Most importantly, our client will now be free from the harsh bond conditions and from the fear and anxiety of facing prison time when the case is remanded for dismissal.