Search results
After nearly 10 years in the Cultural District, Barlow Garsek & Simon has moved into its new offices at 100 Lexington Street, Suite 151, Fort Worth, TX 76102. Read more Barlow Garsek & Simon, LLP
- The Firm
The Firm - Barlow Garsek & Simon, LLP – A Full-Service Civil...
- Attorney Profiles
Paul J. Vitanza is a litigator practicing in the areas of...
- Practice Areas
Practice Areas - Barlow Garsek & Simon, LLP – A Full-Service...
- Careers
Careers - Barlow Garsek & Simon, LLP – A Full-Service Civil...
- Contact
Contact - Barlow Garsek & Simon, LLP – A Full-Service Civil...
- Fort Worth Office
Fort Worth Office - Barlow Garsek & Simon, LLP – A...
- Christopher D. Collins
Christopher D. Collins is a general civil trial and...
- Elliott S. Garsek
Elliott Garsek, a founder of Barlow Garsek & Simon, LLP, is...
- The Firm
- I. Background
- II. The Hearing on The Motion to Suppress
- III. The State's Points
- IV. Standard of Review
- Section 547.3215 Would Apply But Was Not Preserved
- VI. Conclusion
By information, the State charged Appellee with driving while intoxicated. Appellee filed a motion to suppress in which he argued, among other arguments, that the stop of his car was illegal because it was made without a warrant and without reasonable suspicion in violation of the Fourth and Fourteenth Amendments of the United States Constitution a...
The State called Officer Brandon Gilbert of the Arlington Police Department. He was on duty around 2:11 a.m. on May 23, 2013, when he saw Appellee traveling southbound on Cooper Street. Officer Gilbert said that from a distance, he saw Appellee's white Toyota pickup stopped at an intersection. Appellee tapped his brakes, and the back passenger brak...
In its first point, the State argues that the trial court mistakenly interpreted section 547.323 of the transportation code. Id. In its second point, the State argues that the trial court, by granting Appellee's motion to suppress, ran afoul of Terry v. Ohioand its progeny. 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). In its third point, the S...
We review a trial court's ruling on a motion to suppress evidence under a bifurcated standard of review. Amador v. State , 221 S.W.3d 666, 673 (Tex. Crim. App. 2007) ; Guzman v. State , 955 S.W.2d 85, 89 (Tex. Crim. App. 1997). In reviewing the trial court's decision, we do not engage in our own factual review. Romero v. State , 800 S.W.2d 539, 543...
The State next argues that Officer Gilbert had reasonable suspicion because, although never mentioned at the suppression hearing, all three brake lights are required under the federal equipment standards that the Texas Legislature adopted in another statute—section 547.3215 of the transportation code (repeatedly mentioned in the previously-discusse...
Accordingly, we sustain the State's three points, reverse the trial court's order granting Appellee's motion to suppress, and remand the cause to the trial court for further proceedings consistent with this opinion.
PAUL J. VITANZA. 100 Lexington St #151 Fort Worth, TX 76102. E: pvitanza@bgsfirm.com T: 817.731.4500 F: 817.731.6200 www.bgsfirm.com. Download Vcard
Attorney · Experience: Downey Law Group LLC · Education: Washington University in St. Louis · Location: Fort Worth · 21 connections on LinkedIn. View Jacob W. Varley’s profile on LinkedIn, a ...
- 21
- 21
- Downey Law Group LLC
- Fort Worth, Texas, United States
Paul J. Vitanza is a litigator practicing in the areas of commercial litigation, health law, and bankruptcy with additional experience in professional malpractice and personal injury litigation ...
- 196
- 205
- Barlow Garsek & Simon, LLP
- Fort Worth, Texas, United States
Varley, No. 02-15-00076-CR, 2016 WL 4540491, at *7 (Tex. App.—Fort Worth Aug. 31, 2016, no pet. h.) (mem. op., not designated for publication) (applying Heien in holding that the officer’s mistake of law 12 was reasonable while noting that Heien “represents a departure from established jurisprudence”).
Dec 11, 2023 · Dallas, Texas, December 11, 2023 – Stafford Brantley, Elizabeth Brooks, David Drez, Paul Elkins, Jacob Fain, Zachary Farrar, Brant Martin, Daniel McCarthy, and Schyler Parker have been recognized as 2023 Top Attorneys by Fort Worth Magazine in various categories. Fort Worth Magazine’s list of Top Attorneys is drawn from nominations by other attorneys in the […]
