Attorney James Sullivan has
represented more than 3,000 clients in criminal and juvenile courts in Harris
and surrounding counties. The trial cases listed in the graph below and
the detailed accounts that follow the graph represent just a fraction of those
by James Sullivan. The cases listed in the graph cover just those that
were set for trial since January 2008. A graph covering the trial cases
represented since 1994 would be too lengthy to post. However, all of the
criminal cases (which have not been sealed or expunged) in Harris County can be
verified with their case number through the website of the district clerk at http://www.hcdistrictclerk.com/eDocs/Public/Search.aspx.
Notes:
1° = 1st Degree Felony, 2° = 2nd
Degree Felony, 3° = 3rd Degree Felony, SJF = State Jail Felony
A = Class A Misdemeanor, B = Class B Misdemeanor
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CASE #
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CT #
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TEXAS CRIMINAL
OFFENSE
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ACTUAL RESULTS
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JUVENILE
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314TH
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AGGRAVATED SEXUAL ASSAULT OF A TRIAL
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JURY TRIAL: NOT GUILTY (15
year old client was accused of digital penetration of his 2½ year old niece
and her older 4 year old brother was an alleged eyewitness. Client absolutely
denied it and the jury agreed)
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1791719
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10
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ASSAULT (A)
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DISMISSED PRIOR TO 2nd TRIAL
SETTING (Teenage client allegedly attacked another student at school
and captured on video. Client claimed self-defense)
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1315112
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337th
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INJURY TO A CHILD (3°)
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DISMISSED PRIOR TO 3rd TRIAL
SETTING (Client accused of giving an 11 year old boy a “black eye”
after the boy had beaten up her 9 year old son)
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1319150
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337th
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FAILURE TO COMPLY WITH SEX OFFENDER REGISTRATION (SJF)
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TRIAL SETTING: SENTENCED TO 2
YEARS TDC AFTER ORIGINALLY FACING 2-20 YEARS TO LIFE IN PRISON (Client
agreed to the minimum on an enhanced state jail felony habitual offender
based on prior penitentiary trips.
Client accused of moving several times and not registering for more
than 1 year.)
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1319350
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337TH
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INDECENCY WITH A CHILD BY EXPOSURE (3°)
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PRE-TRIAL CONFERENCE: RECEIVED 2
YEARS DEFERRED ADJUDICATION PROBATION AFTER FACING 5 YEARS TO LIFE IN PRISON
ON A FELONY ENHANCED TO A 1° FELONY (Client accused of exposing
himself to teenage stepdaughter)
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1306891
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339th
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ROBBERY (2° Felony)
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JURY TRIAL SETTING: REDUCED TO
MISDEMEANOR ASSAULT (Client accused of stealing cell phone after
attacking his girlfriend)(State only offered 4 years in prison before trial)
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926980
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337th
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MOTION TO ADJUDICATE GUILT (THEFT)(SJF)
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PROBATION REVOCATION HEARING: REVOKED
AND SENTENCED TO TIME SERVED (100
days HCJ under §12.44a after first facing 6 months to 2 years in state
jail)(Client had a reasonable due diligence argument regarding the failure of
the police to arrest the defendant soon after the violation of probation)
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1736017
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7
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ASSAULT FAMILY VIOLENCE
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JURY TRIAL SETTING: DISMISSED BY
STATE (Client allegedly committed an assault against her spouse)
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1281492 & 1281493
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174th
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AGGRAVATED ASSAULT (2°)
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JURY TRIAL SETTING: SENTENCED TO 5
YEARS TDC AFTER FACING 5 YEARS TO LIFE IN PRISON (1° Felony enhanced
from 2° Felony based on prior penitentiary trips)(State only offered 10 years
prior to trial)
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1287564
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174th
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AGGRAVATED ASSAULT (2° Felony)
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PSI HEARING: RECEIVED DADJ
PROBATION (Client with mental illness stabbed his girlfriend in the
arm and upper back. State only offered
prison time. Complainant also
testified)
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1072069
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178TH
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SEXUAL ASSAULT (2° Felony)
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JURY TRIAL. JURY FOUND CLIENT GUILTY AND RECOMMENDED
PROBATION (Client received 5 years of probation. Prior to trial, State
only offered 5 years at TDC. Client
was convicted of sexually assaulting a woman in the year 2000)
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1265758
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178th
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AGGRAVATED ASSAULT (2° Felony)
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JURY TRIAL SETTING: REDUCED TO
MISDEMEANOR ASSAULT AT PRE-TRIAL HEARING.
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Expunged
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232ND
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AGGRAVATED ASSAULT (2° Felony)
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JURY TRIAL: NOT GUILTY (Client
believed he was about to be robbed by 2 men outside a bar; client claimed
self-defense)
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1728531
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13
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POSSESSION OF MARIHUANA (B)
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JURY TRIAL SETTING: DISMISSED AT
PRE-TRIAL HEARING (Police searched Client’s vehicle without a warrant
and without probable cause)
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1728532
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13
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CARRYING A WEAPON (A)
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JURY TRIAL SETTING: DISMISSED AT
PRE-TRIAL HEARING.
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1290473
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338TH
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ASSAULT FAMILY VIOLENCE (Felony Habitual enhanced facing
25 years to Life in TDC)
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JURY TRIAL SETTING: REDUCED TO
MISDEMEANOR ASSAULT AFTER FACING 25 YEARS TO LIFE IN PRISON
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1285290
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174TH
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ASSAULT FAMILY VIOLENCE BY CHOKING (3°
Felony)
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JURY TRIAL SETTING: DISMISSED BY
STATE (Client allegedly committed an assault by strangulation against
his spouse)
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JUVENILE
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315TH
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ASSAULT FAMILY VIOLENCE (A)
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JURY TRIAL SETTING: DISMISSED BY
STATE (Juvenile client allegedly committed assault against his older
brother)
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1239044
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338TH
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AGGRAVATED ASSAULT (Felony Habitual)
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JURY TRIAL SETTING: DISMISSED BY
STATE AT PRE-TRIAL SETTING (Client faced 25 years to Life in prison as
a true felony habitual)
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JUVENILE
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315TH
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UNAUTHORIZED USE OF A MOTOR VEHICLE (SJF)
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JURY TRIAL SETTING: DISMISSED BY
STATE (Client allegedly drove car from Dallas to Houston without the
owner’s permission)
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1220515
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179TH
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SEXUAL ASSAULT OF A CHILD (2° Felony)
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JURY TRIAL SETTING: DISMISSED BY
STATE AT PRE-TRIAL SETTING (Client accused of raping a 16 year old
girl who had run away from home and forcing her into prostitution. Client faced
a lifetime of sex offender registration)
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1220516
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179TH
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COMPELLING PROSTITUTION OF A CHILD (Felony Habitual)(2° Felony)
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JURY TRIAL SETTING: SENTENCED TO 5
YEARS TDC AFTER FACING 25 YEARS TO LIFE IN PRISON AS A TRUE FELONY HABITUAL (Client
allegedly forced an underage runaway girl into prostitution)
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1202760
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178TH
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INDECENCY WITH A CHILD (Felony Habitual)
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JURY TRIAL SETTING: SENTENCED TO 2 YEARS TDC AFTER
FACING 25 YEARS TO LIFE IN PRISON AS A TRUE FELONY HABITUAL (Client
allegedly fondled an underage girl)
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1063539
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232ND
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INDECENCY WITH A CHILD (3° Felony)
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JURY TRIAL SETTING: DISMISSED BY
STATE AT PRE-TRIAL SETTING (Mentally disabled client was accused of
exposing himself to an underage girl)
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1251123
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232ND
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UNAUTHORIZED USE OF A MOTOR VEHICLE (State Jail Felony)
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JURY TRIAL SETTING: DISMISSED BY
STATE AT PRE-TRIAL SETTING
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1226099
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179TH
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AGGRAVATED ASSAULT (2° Felony)
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JURY TRIAL SETTING: REDUCED TO
MISDEMEANOR DEADLY CONDUCT AND GRANTED 6 MONTHS DEFERRED ADJUDICATION
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1222195
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339TH
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PCS (SJF)
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JURY TRIAL SETTING: SENTENCED TO 6
MONTHS STATE JAIL AFTER FACING 2-20 YEARS IN TDC AS A STATE JAIL FELONY
HABITUAL OFFENDER
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1185502
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179TH
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ROBBERY (4 separate cases)(Felony Habitual)
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JURY TRIAL SETTING: SENTENCED TO
10 YEARS TDC AFTER FACING 25 YEARS TO LIFE IN PRISON (Client was on
parole and still had 10 years of parole left. Client allegedly committed 4
separate robberies within 48 hours of being released on parole after serving
15 years of a 25 year sentence for a burglary of a habitation)
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JUVENILE
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315TH
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ASSAULT FAMILY VIOLENCE (A)
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JURY TRIAL SETTING: DISMISSED BY
STATE
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1200321
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337TH
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BURGLARY OF A HABITATION (2°)
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JURY TRIAL SETTING: REDUCED TO
MISDEMEANOR TRESPASS TO HABITATION AT PRE-TRIAL HEARING SETTING AFTER FACING
2-20 YEARS TDC
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1183601
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232ND
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AGGRAVATED ASSAULT FV (2° Felony)
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JURY TRIAL SETTING: REDUCED TO
MISDEMEANOR ASSAULT AFTER FACING 2-20 YEARS TDC
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08-03-03138 CR
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359TH
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AGGRAVATED SEXUAL ASSAULT OF A CHILD (2 cases in
Montgomery County)(1° Felony)
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JURY TRIAL SETTING: 2 SEX OFFENSES
DISMISSED (Client allegedly molested his two young daughters. Allegations
arose when wife sought a divorce. Client had faced 5 years to Life in Prison
and a Lifetime of Sex Offender Registration)
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JUVENILE
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315TH
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MANSLAUGHTER (4 cases)(3° Felony)
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COMPETENCY TRIAL: 4 CASES
DISMISSED BY STATE AFTER CLIENT WAS RULED UNFIT TO PROCEED AT TRIAL (Client
crashed car into tree, killing 4 child passengers including his 5 year old
sister and causing himself irreversible brain injuries)
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AGGRAVATED ROBBERY
James Sullivan represented a 25 year old man accused of 2
separate armed robberies, including a home invasion across the street from the South
Houston Police Department. The chief of police and another police officer
testified in trial that they positively identified James's client as one of the
three armed robbers who fled on foot from the scene. The police initially
suspected James’s client because his vehicle was left behind at the scene.
After the jury returned a not guilty verdict, the prosecutor dismissed the
second aggravated robbery. If convicted of either robbery case, the accused
faced 25 years to life in prison. James then represented his client at a parole
revocation hearing and his client was kept on parole.
VERDICT: NOT GUILTY
NEGLIGENT HOMICIDE
James Sullivan defended a 21 year old man accused of killing a
young man in a head-on car accident on Eldridge Parkway in northwest Houston. The
accused allegedly had traces of cocaine in his system, was driving over the
speed limit in the rain, on the wrong side of the road, and with
"bald" tires. The force of the impact caused the engine from one of
the cars to be ejected and thrown about 50 feet from the car. Unfortunately,
the sports car the decedent was driving did not have air bags, and the driver
was killed instantly when his head hit the steering wheel.
The accused denied using drugs and testified he was on his way
to work for a local service station. The accused had auto insurance. James
hired a drug toxicologist expert who conducted his own lab tests and questioned
the validity of the blood tests conducted by the Houston Police Lab.
Photographs of the accused's tires reflected that they had sufficient tread and
the inspection sticker was current on his car. Due to the heavy rain, his car
hydroplaned across lanes and struck the decedent's car head on. A witness
testified he was going 5-10 miles above the speed limit. To be guilty of negligent
homicide, James argued to the jury, requires gross negligence and not simple
negligence. After about 10 minutes of deliberation, the jury returned a not
guilty verdict.
VERDICT: NOT GUILTY
AGGRAVATED SEXUAL ASSAULT OF A CHILD
James Sullivan represented a 40 year old man accused in two
cases of sexually assaulting his 6 year old daughter in Montgomery County. The accusations arose one week after the
accused contacted an attorney to file for divorce. The outcry witness, the
child's mother, had threatened her husband not to leave her or he would never
see his children again. By viewing the
child's videotaped interview from the Children's Assessment Center and
carefully observing her demeanor, body language and the manner in which she
responded to the questions of the forensic interviewer, James could tell that
the child had been coached. James also
interviewed several witnesses who corroborated the motivation for the mother to
file false charges.
JURY TRIAL SETTING: BOTH CASES DISMISSED
BURGLARY OF A HABITATION
James Sullivan represented a 14 year old boy who–along with six
others–was accused of breaking into a home and stealing a safe containing about
$15,000 in cash. A police officer arrested his client, took him to the police
station and obtained a signed confession from him. James's client said the
officer browbeat a false confession out of him and that he was actually
swimming at a YMCA at the time of the burglary. In addition to his alibi
witnesses, James also subpoenaed to trial the five teenagers who had actually
committed the crime and who were already on probation.
VERDICT: NOT GUILTY
AGGRAVATED SEXUAL ASSAULT OF A CHILD
James
Sullivan represented a 15 year old boy facing a determinate sentence who accused
of using his finger to penetrate the sexual organ of his then 2½ year old niece
while in the presence of her then 4 year old brother. Two years later, on the fourth jury trial
setting, the trial began. The outcry to
the girl’s mother was made the day after the alleged assault. The medical examination revealed two
abrasions consistent with the alleged abuse.
After a lengthy and thorough investigation, James discovered major
inconsistencies in the children’s story as well as the mother’s interview with
police. Based on this and other
defensible theories raised by the evidence, James was able to overcome what the
State considered to be insurmountable evidence and secure an acquittal for his
juvenile client. Prior to trial, the
State was convinced they would prevail because of the medical evidence. “We have injuries,” the prosecutor insisted. “Do you know how rare that is for a child sex
case?” The State failed to consider the
extreme suggestibility of the children at such a young age and that the
injuries were equally consistent with non-abusive behavior or may have pointed
to a different perpetrator. After 10
minutes of deliberation, the jury returned a not guilty verdict.
VERDICT: NOT GUILTY
ASSAULT
James Sullivan represented a large 13 year old boy accused of
attacking his behavioral adjustment teacher and seriously injuring her in the
hallway outside her classroom. The Houston Press covered the trial in an
article entitled "School Scam? Did a teacher fabricate a student
assault to collect disability?" After finding his client not guilty, the jury asked James
how charges could be filed against the teacher for perjury and insurance fraud.
VERDICT: NOT GUILTY
POSSESSION OF A CONTROLLED SUBSTANCE
James Sullivan represented a 13 year old girl accused of
possession between 1-4 grams of cocaine. She was at an apartment with her
boyfriend and two other teenage couples. One of the couples got into a fight.
That girl called a friend who in turn called the police. When a police officer
arrived at the door, that couple jumped out the back window and ran away. The
officer entered the apartment without a warrant, claiming he heard what he
thought were the sounds of a body being dragged across the floor. In a
suppression hearing, James elicited from the officer that he did not hear any
such sounds at all. Hence, there was no valid emergency to justify his
warrantless search and seizure. The judge granted James's motion to suppress
evidence of the possession.
SUPPRESSION HEARING: CASE DISMISSED
AGGRAVATED SEXUAL ASSAULT OF A CHILD
James Sullivan represented a 34 year old pregnant woman
who–along with her live-in boyfriend–was charged with sexually assaulting her
12 year old daughter. The daughter was interviewed on two separate occasions at
the Children's Assessment Center. In the first interview, the girl said that
her mother was involved, but in her second interview, she suggested that her
mother was not involved. James attended the trial of her boyfriend who was
represented by another attorney and was found guilty by the jury. James was
prepared to represent the mother at trial the following week.
JURY TRIAL SETTING: FELONY CASES DISMISSED ON THIRD JURY TRIAL
SETTING
AGGRAVATED SEXUAL ASSAULT OF A CHILD
James Sullivan represented a 19 year old man accused of repeatedly
molesting his 14 year old half- sister over a period of several years. In the
same videotaped interview at the Children's Assessment Center, the half-sister
also accused her uncle of raping her at his mobile home while his wife was
outside attending a party. Her physical exam came back as normal. Through a
thorough investigation, James was able to show that the complainant had falsely
accused at least one other teenager of sexually assaulting her. James was also
able to show clear bias and other motivation for her false charges.
JURY TRIAL SETTING: CASE DISMISSED
SEXUAL ASSAULT
James Sullivan represented a 16 year old boy accused of raping a
17 year old girl at her home. After a lengthy investigation, James was able to
cast doubt on the credibility of his accuser in several ways, including the
fact that his client did attend football practice at the time that his accuser
claimed that he had followed her home and raped her.
JURY TRIAL SETTING: CASE DISMISSED AT A PRE-TRIAL HEARING SETTING
AGGRAVATED SEXUAL ASSAULT OF A CHILD & INDECENCY
WITH A CHILD
James Sullivan represented a 16 year old boy accused of
molesting his six year old half-sister. After a thorough investigation of the
home environment, James was able to show that–if the girl had been molested–the
stepfather, a convicted drug user, was the likely perpetrator.
JURY TRIAL SETTING: FELONY CASES REDUCED TO MISDEMEANOR ASSAULT
AGGRAVATED ASSAULT AGAINST A PUBLIC SERVANT (POLICE
OFFICER)
James Sullivan represented a deranged woman who walked up to a
police officer in a grocery store and lunged at him with a butcher knife.
Fortunately, the officer was able to subdue and arrest her without either of
them being physically injured. It was soon learned that the woman had a lengthy
documented history of mental illness. In the first hearing, James persuaded a
jury to find his client incompetent to stand trial with no substantial
likelihood of regaining competency. His client was then committed to a state
hospital for treatment. In a later court trial, James persuaded the court to
find his client not guilty by reason of insanity.
TRIAL SETTING: NOT GUILTY BY REASON OF INSANITY
INDECENCY WITH A CHILD
James Sullivan represented a 14 year old boy accused of touching
a 13 year old girl in her genital area against her will behind the bleachers in
the school gymnasium. After interviewing several eyewitnesses and taking photos
of the scene, James was able to cast doubt on the girl's version of events.
JURY TRIAL SETTING: FELONY CASE REDUCED TO MISDEMEANOR ASSAULT
FELONY THEFT
James Sullivan represented a middle-aged businessman accused of
felony theft for allegedly fencing over $60,000 in stolen inventory from a
local business. Through an intensive investigation, James learned that the
co-defendant knowingly sold the inventory at a steep discount through his
client to a distributor who had to have known the inventory was stolen. James
was able to present his client as a naive broker who only received $8,000 in
what he thought was a legitimate fee from the transaction. On the second trial
setting, the State agreed to reduce the charges to a misdemeanor, allow his
client to receive deferred adjudication probation so that he would not receive
a conviction, and allow his client to pay back only $8,000 in restitution.
JURY TRIAL SETTING: FELONY REDUCED TO MISDEMEANOR ON SECOND TRIAL
SETTING
AGGRAVATED ASSAULT
James Sullivan represented a woman who was accused of biting off
her ex-boyfriend's tongue. Through an investigation, James was able to show
that she probably acted in self-defense as he was attempting to rape her while
high on drugs.
JURY TRIAL SETTING: FELONY REDUCED TO MISDEMEANOR AT PRE-TRIAL
SETTING
AGGRAVATED ASSAULT
James Sullivan represented a 40 year old woman who allegedly
stabbed her wheel-chair bound husband in the chest with a kitchen knife. The
woman had a long history of mental illness and allegedly had stabbed him on a
previous occasion. Through a lengthy investigation, James learned that he had a
lengthy crack cocaine addiction and had been brain-injured in a prior car
accident. James was prepared to present
a compelling justification argument of self-defense.
JURY TRIAL SETTING: FELONY REDUCED TO MISDEMEANOR AT PRE-TRIAL
SETTING
ASSAULT AGAINST A POLICE OFFICER & EVADING BY
MOTOR VEHICLE
James Sullivan represented a 16 year old boy who was accused of
two felony charges: Assault on a Police Officer for allegedly striking an
undercover police officer with his car and Evading by Motor Vehicle for
continuing to drive away. At the jury trial, James argued that his client had
just been jumped by two teens and was trying to drive away when a guy walked up
with a gun drawn that he believed was trying to car jack him. The gun man was
an undercover police officer who flashed his ID card and identified himself. In
his pain and confusion, his client understandably did not believe him and drove
off. The passenger side mirror on his car struck the officer. After several
hours of deliberation, the jury could not reach a verdict. The State then
agreed to dismiss the felony assault charge, reduce the felony evading case to
a misdemeanor and let his client receive deferred prosecution so that he would
not receive a conviction.
VERDICT: HUNG JURY
ROBBERY (4 CASES)
James Sullivan represented a 40 year old man with a lengthy
felony criminal record dating back 15 years. His client had a severe drug
problem. He previously had served 8 years of a 25 year sentence as a habitual
felon for burglary of a habitation. Two days after being released from prison
on a drug case, he was arrested on four cases of robbery and was suspected in
at least four other cases. He allegedly snatched purses from women causing
minor injuries while driving his father's truck which, along with him, was
later identified by witnesses. Facing 25 to Life as a habitual felon for the
second time, he opted for trial. He had 10 years left on his parole.
JURY TRIAL SETTING: 10 YEARS TDC AFTER FACING 25
YEARS TO LIFE IN TDC
