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JUDGE CASE GRANTS FLEEING FELON NEW TRIAL

Batiste, Carl

District Judge Kelly Case rewarded a defendant who fled the jurisdiction during his 2007 trial on a drug charge and remained at large for seven years before he was apprehended, with a new punishment hearing.

Carl Batiste never returned from a break in his trial for possession of cocaine  in January of 2007, and never returned when a Montgomery County jury assessed his punishment at imprisonment for 75 years and payment of a $10,000 fine.  Batiste remained at large until he was arrested in Houston County in March of this year

Judge Case granted in part a motion for new trial filed by Batiste’s current lawyer, Mike DeGeurin, on grounds that Batiste did not receive effective assistance of counsel during the punishment hearing that Batiste did not bother to attend.  Batiste’s lawyer during the 2007 trial, Dexter Patterson, has retired from practice and was not present at the hearing to defend his representation of his absent client.

“I hate to see a jury’s hard work go to waste, and our office will certainly argue that the 75 year sentence a jury of Montgomery County residents felt was appropriate should guide Judge Case’s decision in the new punishment hearing,” said Montgomery County District Attorney Brett Ligon.

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4 Comments

  1. michelle227

    It is disingenuous to say he ‘remained at large’ following the 2007 disposition. He had holds placed on him by Montgomery County that were lifted in 2008 so that he could be transferred from Harris County to TDCJ and then he was arrested at least two more times in Harris County after his release from TDCJ in 2011 (period of supervision discharged about a year and a half later).

    Bigger question is why someone with the MCSO didn’t have the warrant republished or lodged as a detainer after they knew he was going from Harris County to TDCJ.

    The inaction of Montgomery County is going to result in this guy being entitled to roughly seven years of time that he was out and about under the controlling provisions related to erroneous release.

    I guess Ligon’s office never bothered to do any due diligence in the interim period…not a surprise though.

  2. spk

    This country is in the shape it is in because we play such silly games with these criminals. Anything, even anything preposterous and ridiculous, to get them off or get them a lesser sentence, we go for. If we weren’t such go-fers, maybe they’d get what they deserve and we’d have less crime. Some of these judges should have to explain themselves, too.

  3. herewegoagain

    Remember people that Case is elected and we can unelect him in a year. He continues to be a dissappointment and a disgrace to the bench.

  4. really66

    The JERK recieved FREE legal counsel!!!! 75 yrs will do and tack on an additional 7 for the years he was probably selling drugs!!!!

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