A Program to Educate Our Community and Our Students about the Court of Appeals

Dallas cop killer loses appeal

The Associated Press

By MICHAEL GRACZYK Associated Press Writer

May 5, 2010, 11:03AM

HOUSTON The Texas Court of Criminal Appeals Wednesday upheld the
conviction of a Mexican man sent to death row for killing a Dallas police
officer more than four years ago.

The state's highest criminal court rejected claims from condemned inmate
Juan Lizcano that questioned the jury selection, evidence of his mental
capacity, admissibility of certain evidence from the crime scene and the
charge to the jury that convicted him of capital murder for the November
2005 fatal shooting of 28-year-old Dallas Officer Brian Jackson.

Three of the court's nine judges, however, dissented from upholding
Lizcano's death sentence, saying they didn't believe his Dallas County jury
should have been the ones to determine whether his mental impairment was
sufficient enough to keep him off death row.

The U.S. Supreme Court has barred execution of mentally retarded people.

Judge Tom Price, in a dissent joined by colleagues Cheryl Johnson and
Charles Holcomb, said he didn't believe the question of determining the
constitutional standard for mental impairment should have been left to the
jury.

Testimony at his trial showed Lizcano, now 33, had the communication skills
of a 8- to 10-year-old and was about 16 when he left school in the 6th
grade still unable to read.

"I can only conclude that its finding that (Lizcano) did not prove that he
is mentally retarded is, indeed, against the great weight and preponderance
of the evidence," Price wrote. "I would therefore vacate the jury's finding
and remand the cause to the trial court to conduct another punishment
proceeding."

Lizcano does not have an execution date. He still can take his appeals into
the federal courts.

Jackson was shot responding to a domestic disturbance call at the home of
Lizcano's former girlfriend. He had been on the Dallas police force nearly
five years.

Police responding to a 911 call from Lizcano's ex-girlfriend came under
fire. Lizcano ran outside the house and Jackson fired three times at him.
Other officers heard another shot from Lizcano and found Jackson fatally
wounded.

Lizcano, his gun empty, was found lying on the ground behind a trash can
and was arrested.

Texas Court of Criminal Appeals

A Live Oral Argument - Criminal Case

~ SEPTEMBER 11, 2009 ~

12:30 PM

The Pavilion at the Belo Mansion

2101 Ross Avenue, Dallas, TX 75201

RSVP required: asmith@dallasbar.org

Summary of the Court Case on Appeal

The Structure of Texas Courts

A recent poll commissioned by the American Bar Association illustrated that only 55 percent of Americans could name the three branches of government. It appears that the public has little understanding of the separation of powers and the roles of each branch of government.

In 2006, Dallas Bar Association President, Mark Sales, worked with attorneys and judges in an effort to educate the public about the importance of the legal profession in our society. As a public service, Mr. Sales coordinated the Appealing to the Public program, at which the Fifth District Court of Appeals in Dallas, TX took live oral arguments out into the community and schools to demostrate how the system works firsthand. For every event, the students and participants were given materials to review before and after the case in order to enhance the learning experience. In addition, the DBA coordinated with former appeals court judges and attorneys who provided introductory and follow-up comments to help the participants understand the legal process even more.

On September 11, 2009, an Appealing to the Public program will be held at The Pavilion at the Belo Mansion. This year, and for the first time, we are happy to have the live oral arguements heard before the Texas Court of Criminal Appeals. A summary of the court case is provided on the link above. To view more oral arguments held in 2006 & 2008, please see below.

Additional Appealing to the Public Programs Recently Held:

Thursday, October 30, 2008 ~ Yvonne A. Ewell Townview High School - Law Magnet - An actual civil case was heard by the Fifth Court of Appeals with over 300 students in attendance from the Law Magnet school: Summary of the Court Case & COURT'S DECISION

Wednesday, November 8, 2006 ~ Lake Highlands High School - An actual criminal-law case was heard by the Fifth Court of Appeals at Lake Highlands High School in Richardson with over 500 students in attendance from 4 RISD high schools: Summary of Court Case & COURT'S DECISION

Thursday, June 29, 2006 ~ The Belo Mansion - An actual criminal-law case was heard by the Fifth Court of Appeals at the Belo Mansion which was open to the public: Summary of Court Case & COURT'S DECISION

Tuesday, April 25, 2006 ~ Skyline High School - An actual family-law case was heard by the Fifth Court of Appeals at Skyline High School with nearly 500 students in attendance from at least 5 DISD high schools: Summary of Court Case & COURT'S DECISION

A partnership of the Dallas Bar Association, Court of Appeals and Dallas Independent School District.

The program is provided by a grant given by the Dallas Bar Foundation