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Appeals Court Orders Hearing in Willie Davis Case Save Email Print
Posted: 5:15 PM Aug 15, 2008
 Last Updated: 6:09 PM Aug 15, 2008
 Reporter: Meredith Stancik
Email Address: stancik@kbtx.com
21 comments
A | A | A

Willie Davis's appeal has new life. The Tenth Court of Appeals ruled Thursday that a new, more extensive hearing should be held regarding whether or not District Judge J.D. Langley should have presided over Davis's capital murder trial.

Davis was convicted last year in connection with the 2003 death of Tommy Andrade.He is currently serving a life sentence for the crime.

In 2006, Davis's attorneys asked for Judge Langley to recuse himself from the trial, citing a conflict of interest. The motion was later denied by Judge Olen Underwood.

The appellate court now says that was a mistake and a new hearing should be held, because all of the evidence was not presented during the first hearing.

A date and location for the hearing have not been decided.

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Posted by: Concerned Citizen Location: Lufkin Texas on Aug 26, 2008 at 05:37 PM
Willie Davis' life is caught in red tape and bs politics because of a DA trying to get re-elected. Free Willie!!!!!! Guilty is not always guilty. Anyone in America that watches the news these days ought to know that there are innocent people who spend their lives in prision because of politics and dirty justice. It is not too much for the Justice System to take a second or third look to make sure Justice is always done!
Posted by: to heck with the da race Location: folsom prison on Aug 19, 2008 at 02:02 PM
no body carse about rick davis or bill turner......FREE WILLIE AND HIS SIDEBURNS
Posted by: whoa Location: bryan on Aug 19, 2008 at 12:36 PM
i have dealt with both rick davis and bill turner,and if i had to pick for da...hands down it would be TURNER. davis is a true nut. in my opinion he isn't fair...he doesn't look at the facts he makes decisions based on his ethics and morals instead of the law...now that's unjust. TURNER on the other hand is by the book 150%. He's sometimes hard....but he's fair and by the book. VOTE TURNER.
Posted by: tom Location: bcs on Aug 19, 2008 at 06:39 AM
Look at willies burns, they are huge and out of control. Free Willies sideburns!!
Posted by: former district attorney Location: bryan on Aug 18, 2008 at 05:01 PM
SULLY? MISSISSIPPI? do i know you? i bet i do , why would you care about willie davis?
Posted by: SULLY Location: MISSISSIPPI on Aug 18, 2008 at 03:23 PM
I assumed from the start that this man was guilty. I live to far away to keep up with the case by any means other than the internet. Still it seems this man was prejudged because of the actions of others.
Posted by: R.I.P. Tommy Location: Hearne on Aug 18, 2008 at 08:55 AM
Idiots. Free Willie, Why? He so Had something to do with Tommy's murder. People get a life..
Posted by: Anonymous on Aug 18, 2008 at 08:33 AM
Good lord. Guilty is guilty. Why is this turning into a political debate? I think our judges do a good job of putting away people that need to be put away, while handling their case load. Law enforcement is never perfect - because that's human nature. Period. Chances are that since Davis was found guilty before, that he'll be found guilty again against another jury of his peers. Because... isn't that who decides guilty/innocent anyway? Not the DA? Take your politcal debates elsewhere - go pay to sling mud at each other in another forum.
Posted by: Anonymous on Aug 18, 2008 at 08:27 AM
What is even more scary is that this is turning into a political issue. Judge Underwood is in question here and it has nothing to do with Rick Davis. I am used to seeing Bryan Vs. College Station, I guess until November it will be Turner vs. Davis.
Posted by: free willie Location: folsom prison on Aug 17, 2008 at 11:02 PM
FREE WILLIE!!! WILLIE FOR GOVERNOR..
Posted by: Chad Location: Bryan on Aug 17, 2008 at 10:37 PM
We are Praying for you Willie...Never give up...
Posted by: Anon Location: Bryan on Aug 17, 2008 at 10:06 AM
Go Willie!!! Hope you get to get out soon. Yes, this county needs brand new judges.
Posted by: Anonymous Location: Bryan on Aug 16, 2008 at 06:04 PM
When you are as guilty as the sky is blue your attorney has to find some little issue to get you another trail. Retry him, new judge, change of venue, different jury, whatever you want, the outcome will be the same! The faces might change but the facts never will.
Posted by: Anonymous on Aug 16, 2008 at 05:19 PM
To In The Know: Well, you obviously work for the DA since Turner, Shane Phelps and The Eagle are the only ones who've had a problem with Davis. And even Phelps said Davis was a fine judge. This election is going to be interesting.
Posted by: In the Know Location: College Station on Aug 16, 2008 at 02:55 PM
To Shocked: It's frightening that there are people in the world as ignorant as you. The motion to recuse was completely meritless and the administrative judge was correct to throw it out. If you can pick who your judge is just because you supported someone who ran against the judge, then we really are it a world of trouble. It is beyond argument that Rick Davis is dangerously unqualified and unstable to be DA. Bill Turner is regarded by all but the lunatic fringe, of which you are clearly a member in good standing, as the best DA in Texas. If you knew anything about the law and the facts of the case, you would know that Willie Davis is exactly where he belongs and the community is safer for it. Rant all you want in capital letters, but it doesn't hide the fact that you are either Rick Davis or one of his few supporters.
Posted by: Anonymous Location: Bryan on Aug 16, 2008 at 02:36 PM
Free Willie
Posted by: Anonymous on Aug 16, 2008 at 10:46 AM
I looked up the case opinion given by Ray below. The appellate court ruled,"The presiding judge abused his discretion in holding Davis’s motion insufficient." The test for abuse of discretion is whether the trial court acted without reference to any guiding rules and principles or whether the act was arbitrary and unreasonable. For you non-lawyers, a finding from an appeals court that a judge abused his discretion does not happen often. They tend to protect their own.
Posted by: Shocked Location: College Station on Aug 15, 2008 at 09:26 PM
The 14th Amendment guarantees "due process" to all defendants. Yet, according the Chief Justice Gray: "Based on that determination, the presiding judge also ruled that certain evidence was inadmissible and that there was no need to allow Davis to make an offer of proof of the evidence excluded. In Davis’s second, third, fourth, and fifth issues, he contends that the presiding judge erred in not allowing Davis to make offers of proof." HOW CAN JUSTICE BE DENIED SO OBVIOUSLY IN BRAZOS COUNTY? We need new judges and a new District Attorney - Langley and Turner must GO!!! Think only if your rights were so abridged and denied. We are not China or Russia - we are America!
Posted by: Observer Location: Bryan on Aug 15, 2008 at 09:12 PM
From Chief Justice Gray: The presiding judge held that Davis’s motion “has not met the mandatory threshold requirement for a Motion to Recuse and the Motion fails as a matter of law.” (1 C.R. at 33.) We understand from the course of the proceedings before the presiding judge that he believed that Davis’s motion did not state its grounds with particularity. Having reviewed Davis’s motion, we agree with Davis that it is timely, is verified, and states its grounds for recusal with particularity.[2] The presiding judge abused his discretion in holding Davis’s motion insufficient. We sustain Davis’s first issue.
Posted by: Legal Beagle Location: Austin on Aug 15, 2008 at 09:11 PM
From Chief Justice Gray's Ruling: 6. The quote in the advertisement from Bryan regarding Judge Langley is stated as follows: “On several occasions, I have personally witnessed and been subjected to Judge Langley’s temper in the courtroom. His anger exploded at me during one jury trial. I can take the humiliation, but my client was prejudiced as a result of his conduct,” Travis Bryan III, Bryan Attorney.
Posted by: Ray Location: Bryan on Aug 15, 2008 at 09:07 PM
People should go to http://www.10thcoa.courts.state.tx.us/opinions/docket.asp?FullDate=20080813 and read the Chief Justice's ruling. It will make any good person ashamed of Langley and Turner. Especially the footnotes.
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