Texas Habeas

Criminal Appeals, Habeas Corpus, and Criminal Law

Air Force Sgt. Charged With Sex Crime

You assume at 67, a retired Air Force Master Sergeant who had earned the diamond within the chevron on his sleeve would emanate an air of respect. Like a policeman, you would find a kindred trust for the man who had once been attired in such a symbolic uniform. After all, his was an honorary rank.

So why would a man presumed of sound mind, enter the annals of pedophilia?

Some child molesters emerge from bushes intent on molesting children on their way to or home from school. Others are friendly neighbors, attentive shopkeepers or relative sons of friends who are much too willing to babysit children. For free.

Still others, like Donald Travers, prefer to prey on minors from behind the drawn curtains of his home. It’s a private matter. It’s a disease that overwhelms him and one he cannot control as he trolls Craigslist. It’s an obsession that will not be satisfied until his job is done.

Craigslist

His dark, sinister eyes scan the ads until they reside upon one in particular. This one has a different flavor. He is a troll of a certain caliber. He doesn’t write the posts this time; he replies to them, particularly to those that inflame his inner embers. He has done the groundwork but still, he remains unsated. The incessant desire to maintain himself are the leavings of a dangerous human being. He harbors an unhealthy sexual interest in children.

He replies to the ad. “If you want to meet a woman of 35 and talk drop me an email.” Travers loses no time and promptly replies. “Hi. Let’s meet and talk. I’m a 45 yo white guy.”

The response he receives is pleasing and his blood sluices through his veins. “Hope you don’t mind. My kids are spending the weekend after next with their father so I can’t meet till then. I hope that’s okay.”

Travers can hardly contain himself. However, he has lied about his age and is haunted by the inevitable shock the young woman will receive when they finally meet. What he is clearly unaware of is the author of the ad. A seasoned police detective, Glenys Roberts has been assigned to her department’s Crimes Against Children Unit. She is highly trained.

The emails continue throughout the week and Travers becomes insistent. “How old are your children?” Ironically, he has been regularly posting ads for “Free Babysitting” in which he volunteers to watch people’s daughters free of charge. He tells Glenys Roberts in a bid to win her trust.

Roberts immediately searches Craigslist for the ads and unearths three that have only recently been posted. “I’m not really 35,” she writes desperately dangling the proverbial carrot, fearful she is losing him. “I lied. I’m 15 and way too young to have kids. But my parents are going away for that weekend and if you want we can still talk.”

When Travers is rewarded with an answer that will throw kindling over the already flaming embers he knows he will find it difficult to refuse her, nevertheless, he cools the lines of communication and becomes less desperate to make contact.

Roberts, frustrated by the communication breakdown, responds to Travers latest ad for a babysitter under a new persona. She adopts the voice of a twelve year-old girl who has a seven year-old sister and the conversation quickly emigrates to Yahoo Instant Messenger. Travers asks for “a pic or two to prove you’re real”.

In reply, Roberts sends him two pictures; one is of two little girls wearing matching pink bikinis on a beach. Travers excitedly reciprocates with one image of a man’s face and one of an erect penis. He also provides his phone number. The number comes from the vicinity of Houston Texas.

Now all Roberts had to do is find Travers.

The Criminal Trial

Glenys Roberts serves a subpoena for Travers’ phone number which returns promising results. It belongs to 67 year-old Donald Leonard Travers who hasn’t even bothered to disguise his electronic identity. When Roberts obtains a photograph from the motor vehicle records, she knows she has her target. Face to face, his matches the photograph he has sent to her twelve year-old alter ego.

Roberts arranges to meet Travers who asks her and her sister to ride their bikes to the McDonald’s carpark. He will then have sex with her in his car while her younger sister watches and afterwards, he will take them home.

At 5 pm as the sun dips low toward the horizon, the McDonald’s carpark is crawling with plain clothed police who covertly wait as Travers pulls naively into the lot. The Hyundai circles once and then parks at the furthermost reaches under the trees. Travers is immediately placed under arrest.

Court Proceedings

Solicitation of a child involves a defendant asking or engaging in a conversation with a minor and during the course of that conversation, the defendant asks (or solicits) the minor to meet them for the purpose of engaging in a sexual act.

Travers signs a plea deal for one count of facility to entice a minor to engage in sexual activity. He is then sent to live under the roof of his parents where he will await sentencing. He is ordered to refrain from any involvement in pornography and Craigslist.

The prospect of imprisonment clearly sends ice through his veins and the fact that he has indulged in online solicitation means he would be charged with the initial penalty and the long-term consequences. Because the charge does not require an accomplished act with a minor, he will still be charged for communicating with a view to engaging in sexual activity and carnal knowledge of a child.

Online solicitation laws have changed as technology has expanded and evolved. Any person using the Internet or chat rooms to initiate sexual encounters with a minor, or the conversation includes a request for the child to meet in order to engage in sexual activity, will have the defendant charged with solicitation.

Defenses for the Charged

Solicitation laws are frequently challenged.

  • Their right to free speech
  • Actual communication with a child online posing as another child
  • Involvement in a relationship with a child who was not more than three years younger than the defendant
  • The online conversation was simply a fantasy that was being acted out

The judge is appalled. And passes down the sentence.

The Sentence

Travers is aware that his trolling online and his solicitation of a minor is his entertainment; a fantasy he cannot control. Regardless of his plight, this kind of lewd behavior is classified as a felony level offense and Travers will have to get used to life in prison for a minimum of ten years. Thereafter, will be registered as a sex offender for the rest of his life.

Detective Glenys Roberts knows the Internet is a mammoth communications network on which a broad range of pedophiles troll through countless sites. She is also aware that despite the perceived anonymity, most Internet-enabled crimes have an inbuilt component that assists in identifying trolls.

Offenders are eventually forced to email or instant message their targets if they’re to meet and close the deal.

The police have all the necessary tools in place to subpoena and eventually arrest these desperadoes.

Names have been changed.

 

The Kush Epidemic In Houston

In April, 2017, two men were arrested in Houston, Texas for manufacturing and distributing Kush, also known as synthetic marijuana. These alleged drug distributors are about to make the most important decision of their lives. Choosing the right attorney is vital in this criminal case, the maximum punishment is life in prison.

Minimum or Maximum Sentence

The sheer scope of the enterprise, 550 pounds of Kush was seized by Houston’s Police Department (HPD), is astounding (http://abc13.com/news/hpd-2-arrested-in-$25-million-kush-bust/1896731/).

Additionally, Texas drug laws are some of the strictest in the country. With an expert attorney, the sentences for possession of this $2.5 million worth of Kush can be the minimum, as low as five years in a state prison and a $10,000 fine.

Knowledgeable Defense Attorneys

Criminal lawyers with extensive experience interpreting The Texas Penal Code and The Texas Controlled Substances Act can provide will present the best defense. Harris County District Attorney Kim Ogg essentially has the substantial evidence, Houston Police Chief Art Acevedo’s investigation began in September 2016.

Kush and Houston

Also known as K2, Kush is a mixture of various herbs combined with chemical fluids. During 2016 the number of people were treated for overdoses on the fake drug increased substantially in Houston. The Centers for Disease Control and Prevention reported poison centers saw a 221% national increase in calls regarding Kush.  Many addicts use Kush as an alternative to crack cocaine. Although abuse of the drug is nationwide, Houston in particular developed a reputation as the place to buy the drug. Mayor Sylvester Turner implemented a hard-liner plan to address the Kush epidemic throughout the city.

These gentlemen face a zealous prosecution. The best defense is a good offense, experienced drug defense lawyers can develop the best strategies for the trial. It will be an uphill battle, after all, the defendants were arrested in an empty apartment with drug paraphernalia and manufacturing equipment. Additionally, an actual delivery was witnessed.

The Kush Epidemic of Houston, TX

When To Consult a Personal Injury Lawyer

When we go out and do things to enjoy our lives last thing we expected to be caught up in some kind of a tort battle or to pay for our attempt at a time with some form of personal injury. This often happens more than some of us may care to think about. People get hurt all the time when they are out and about doing the things that makes life worth living. If you happen to sustain some form of injury while on the premises of a business it’s important that you realize that you have the option to sue and you will probably win if you can show the court that the business was negligent in some way.

Some of the most common claims in which people end up suing businesses and corporations, with regard to personal injury claims, occur in businesses mainly focused on dining, shopping, and extracurricular activities or sporting.

Personal Injury Attorneys In Houston, TX

All businesses owe their clients a duty of care which must not be breached as it may cause undue harm to their clients and customers. This is most often times because of negligence rather than incidents that can be deemed unpredictable in nature. However, whether you were injured in a freak accident, or because of negligence, an experienced Houston personal injury lawyer will need to be consulted so you can be made well aware of your best legal options.

Depending on which lawyer you talk with you could be to tens of thousands, or even in some cases hundreds of thousands of dollars for your claim. If you are the prime plaintiff in a personal injury related lawsuit it’s strongly recommended that you contact an attorney as soon as possible.

There’s Always Legal Recourse

Whether you were the victim of a slip and fall accident in a store like Walmart or target, or if you are heard at the gym while working out, you do assume some risk but there may also be some liability on the property owner and or business operator. An attorney who is well-versed in Houston, Texas tort litigation will be able to answer all the questions that you may have related to your claim.

Texas & New Immigrants

Immigration is a serious issue when you consider the plight of people who are separated from their families and loved ones by hundreds and sometimes thousands of miles.

We know how it happens.

The American Dream

Persons immigrate into the United States, whether legally or illegally, for the sole purpose of taking advantage of our great economy, our high earnings potential, and an opportunity to send some support back home to their family.

In these current times things can be a little bit difficult for the illegal immigrants or the legal immigrant who stayed in the United States of America on an expired visa. It’s also difficult for illegal immigrants who are jailed for narcotics possession and or other serious crimes who find themselves incarcerated in detention facilities.

The Houston Immigration Bar

In Houston, Texas, there are number of immigration lawyers who are able to help these people. A number of times these immigration lawyers also criminal defense attorneys which puts you in a position of killing two birds with one stone when you’re looking to help your loved ones, or yourself.

Regardless of your situation, finding a good immigration attorney in Houston, Texas can prove to be a hassle if you don’t know what to look for in your prospective legal representation. There are number of good lawyers out there and there are a number of bad ones. What you need is a lawyer that you can trust to help you get to your immigration or criminal matter with ease.

A few of the new immigration options that are soon to rollout are new programs for immigrants who arrived in the United States as children in addition to their parents. There are also new programs for citizenship via naturalization, visas for entire families, and a slew of new programs that you can take advantage of in the event that you are eligible.

The Cloud Law Firm

Contact: The Cloud Law Firm P.C., 850 West Little York Rd, Ste# B, Houston, TX 77091

Phone: 832-230-4210

Attorney Carvana Cloud is the leader and founder of The Cloud Law Firm, a full service criminal defense and immigration law firm based in Houston, Texas.

Resource: Executive Actions on Immigration

Resource: 5.5 Million New Work Visas Issued to Criminal Immigrants

Texas & New Immigrants

Serial Killers Dean Coril – The Houston Murders

He committed crimes so chilling that hardened Houston and Texas area detectives were left in shock at the murder scenes left by the savagery of Dean Coril. Back in the early 1970’s, a number of boys went missing from the Houston Heights area of Houston and most of them were killed at the hands of Dean Coril.

Dean Coril’s Victims:

1. Billy Baulch, 17
2. Billy Ridinger-survived
3. Danny Yates, 14
4. David Hilligiest, 13
5. Donald Waldrop, 15
6. Frank Anthony Aguirre, 18
7. Gregory Malley Winkle, 16
8. Homer Garcia, 15
9. James Dreymala, 13
10. James Glass, 14
11. Jeffrey Konen, 18
12. Jerry Waldrop, 13
13. John Sellars, 17
14. Johnny Delone, 16
15. Joseph Lyles, 17
16. Mark Scott, 17
17. Marty Jones, 18.
18. Michael ‘Tony’ Baulch, 15
19. Randall Harvey, 15
20. Rhonda Williams -survived
21. Richard Kepner, 19
22. Ruben Watson, 17
23. Steven Sickman, 17
24. Tim Kerley-survived
25. Wally Jay Simoneaux, 14
26. Willard ‘Rusty’ Branch, Jr. , 17
27. Charles Cary Cobble, 17
28. Richard Hembree, 13

Galveston, TX and DUI Offenses

The worse thing that can happen to you if you are visiting Galveston, TX is to get pulled over by the police department, arrested for DWI, and thrown into the Galveston County Jail.

Galveston DWI Arrests are Understandable

Every weekend people from all over the southeast Texas region travel to Galveston to enjoy its beaches and its surfside atmosphere. A number of these people also indulge in the consumption of alcoholic beverages during their visit to the island as well. Some, without regard for the fact that they will have to drive back home. This creates an atmosphere conducive to driving drunk.

Preventing DWI Arrests in Galveston

One of the ways that you can exercise some proactivity if you intend to venture onto Galveston Island for some fun and partying is to take measures to avoid environments and situations that will leave you susceptible to drunk driving. Don’t go all the way to Galveston and engage in the consumption of alcoholic beverages unless you intend to rent a hotel room, or have someone with you who can serve as your designated driver.

Another thing you can do is ride with someone else and leave your vehicle at home, or better yet, don’t drink any alcohol in the first place.

Arrested in Galveston?

If you’ve been arrested in Galveston, TX for drunk driving then you’ll need to talk with a lawyer with experience fighting DWI cases in Galveston for the best chance of limiting the potential criminal penalties for the offense. In some cases, attorney Tad Nelson of The Nelson Firm can get the case dismissed, or get the jury to find you not guilty depending the details of the case, and even if you are found guilty there is the possibility that he can get you probation instead of jail time.

Regardless of the situation you find yourself in, if you are accused of a DWI offense, talk with a lawyer as soon as possible.

On Death Row For Capital Murder – Blaine Milam

Blaine Milam was found guilty for the torture and murder of a 13 month old toddler. The crime took place in Montgomery County, Texas. The mother of the slain child, Jessica Carson, was sentenced to life without parole for her complicity in the murder.

According to reports, they killed the baby in some form of exorcism due to the fact they felt that young Aurora Carson had demon spirits within her. When this type of heinous crime occurs it pays a much needed respect to the death penalty in Texas, and in other state that still has the moral fortitude to do whats right and remove animals from our society. Society has no place for people who can kill toddlers and brutally massacre them on a whim.

The Victim

The Victim of the Crime was Amora Carson. This is why its a good thing we have the death penalty in Texas. let em fry! Source of Image

Its clear that these people should be burned as lethal injection is far too nice a method of putting capital murderers to death. According to the investigation by law enforcement, the murderers went shopping hours after the child was dead, and after they went shopping.

They caused injuries to the infant’s vaginal vault.

The killers claimed that Amora, the 13 month old infant, attacked herself with a hammer. Her bone breaks were in a spiral shape meaning her bones were twisted and broken, and the child had more than 15 fractures and was “badly broken” by the time police got to her.

There were also 24 adult bite marks on the toddler’s body that belonged to Blaine Milam as confirmed by DNA evidence.

Don’t Forget, Crime Leads to Jail Time

My nephew was arrested for public intoxication this weekend at a bar in Houston and feels the cops went to far because he was just out having a good time. I had to explain to him that regardless of how good of a time he was having, it is no excuse to break the law. If being intoxicated in public is illegal, then police are well within their right to execute an arrest if they have probable cause to believe that you are publicly intoxicated.

After talking with a criminal defense attorney, we decided it best for him to plead guilty to the misdemeanor charged so long as he is given deferred adjudication. The prosecutor agreed.

Moral of the story: obey the law, and you won’t have to have any dealings with the criminal justice system in Texas.

Criminal Charges Related to Cocaine and Crack are Serious

In the great state of Texas, a person who is found guilty of a criminal offense related to the illegal/controlled-substance known as cocaine, can find themselves facing stiff criminal sentencing and fines.

A few examples and informative resources related to the overbearing prosecution of cocaine related criminal offenses, not to mention major and seemingly unfounded Draconian legal consequences, review the websites/news below.cocaine

Crack and Cocaine Legal Information and News

Being a person on trial for a criminal drug crime related to cocaine, or crack, means you are in way over your head and should seriously considering setting a side a day or two to find out which criminal defense attorney would be best suited to defend you against the type of courtroom criminal prosecution you’ll face as well defend your Constitutional Right to a fair trial.

Personally, I think that criminal penalties for drug crimes, in which violence isn’t involved, should be limited to a 5 year prison sentence. After all, major corporations are allowed to sell drugs legally which in themselves are more dangerous than so called “controlled substances” to a considerable degree.

While I do believe that cocaine, heroin, meth, and other drugs are highly dangerous, I don’t think people should be getting 60 year sentences for a drug that government itself introduced to Americans. After all, it has been proven that cocaine, as well as the recipe for making crack, was done at the behest of the United States government. Jailing your own citizens for a crime that you created, seems sinister in my view.

About Criminal Charges Related to Cocaine and Crack

A Trusted Personal Injury Lawyer in Texas

Personal Injury Lawyers

The Cloud Law Firm P.C. – Car Accident Attorney & Personal Injury Lawyers

Houston personal injury attorney Carvana Y. Cloud of The Cloud Law Firm P.C. has been fighting for injured victims’ rights for over 10 years in the state of Texas.

Over the coarse of her career, she has gained the respect of other personal injury attorneys in the field, as well as gained the trust of the community by serving the interests of her clients with the utmost integrity. When it comes to matters involving personal injury or wrongful death claims, you are in good hands working with Carvana.

An Experienced Personal Injury Litigator

Attorney Carvana Cloud knows the legal system, and how to handle insurance companies that don’t wanna play ball. With more than 10 years of legal experience in compensation and claims litigation, she is competently confident, based on a number of successful personal injury and wrongful death lawsuits, to be able to handle a number different forms of legal matters involving getting fair treatment for injured Houstonians.

Attorney Carvana Y. Cloud handles all legal matters relating to personal injury and wrongful death claims listed below.

  • Personal Injury Cases
  • Automobile Accidents
  • 18 Wheeler Wrecks
  • Wrong Death Litigation Matters
  • Matters Involving Medical Malpractice
  • Motorcycle Accidents and Injuries
  • Industrial Accidents
  • Birth Injuries and Birth Defects
  • Nursing Home Abuse and Dog Bites
  • and More!