GUILTY TX - Belinda Temple, 30, pregnant, Katy, 11 Jan 1999 *husband arrested*

Discussion in 'Trials' started by KT Can, Dec 1, 2004.

  1. My3Sons

    My3Sons Well-Known Member

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    Completely agree he should. Especially now that he's a grown man and married himself. However, he was never allowed contact with Belinda's family after her murder, and I wouldn't put it past the Temple family having manipulated him into believing his Daddy is innocent and his mom's family is the enemy. Likely he has no memories of his mom, and I can't imagine much was done to keep her memory alive for him as he grew up. So sad. If there is any hope of him ever seeing the truth, it will come from Heather. He thinks she's his mom, and he loves her, that is clear. MOO.
     
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  2. Ann-Tx

    Ann-Tx Well-Known Member

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  3. Ann-Tx

    Ann-Tx Well-Known Member

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  4. geevee

    geevee Well-Known Stickie

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    You're welcome Ann, it's a good read, very detailed and thorough.
     
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  5. geevee

    geevee Well-Known Stickie

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    Temple really didn't get another trial based on IAC; in the CoCA opinion agreeing with Gist in the habeas filing, the court said (page 11):

    "Therefore, to the extent that defense counsel's performance could even be viewed as deficient, such deficiency was the direct result of the State's Brady violations. We therefore decline to grant relief based on Applicant's ineffective assistance claim. particularly since there is no cause to, since we are granting relief based upon Applicant's Brady violation claim."

    TEMPLE, DAVID MARK Appeal from 178th District Court of Harris County (original by judge richardson)
     
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  6. My3Sons

    My3Sons Well-Known Member

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    I’ve discovered there are two published opinions from the CCA ruling. The one you linked, and one I linked previously that actually discounts the Brady violations and says DeGuerin was ineffective, maybe in part due to his trying to play catch-up with KS’s late disclosures. Interesting.
     
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  7. geevee

    geevee Well-Known Stickie

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    :) What you linked was a concurring opinion by "Y. Eary, J." of the habeas opinion reversing the conviction, agreeing with the end but getting there with a differing view of the reasons to reverse. I also found a dissenting opinion of the first appeal (I haven't read that yet):

    David Mark Temple v. State – CourtListener.com
     
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  8. My3Sons

    My3Sons Well-Known Member

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    I noticed there were two dissenting judges to the conviction reversal, but they did not publish an opinion. I wish they had! I would’ve loved to read that.
     
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  9. geevee

    geevee Well-Known Stickie

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    I would love to see that habeas hearing, with Siegler on the stand for 4 or 5 days! Given how she handled disclosure, I'm not opposed to the reversal, I think we all agree a fair trial with timely (and full) disclosure is job 1, otherwise how can there be confidence in any conviction?
     
  10. My3Sons

    My3Sons Well-Known Member

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  11. My3Sons

    My3Sons Well-Known Member

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    Not a video, but I did find a portion of the transcript from KS's examination by David's attorney.
    https://bigjolly.com/wp-content/uploads/2015/02/TEMPLE-1008763-A-RR-122314.pdf
     
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  12. geevee

    geevee Well-Known Stickie

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  13. Ann-Tx

    Ann-Tx Well-Known Member

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  14. liltexans

    liltexans Moderator Staff Member Moderator

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    I was wondering where Heather was. This kind of makes sense, though. David was in prison for a good chunk of their marriage. Heather basically raised Evan and probably did whatever she wanted. I doubt she was all that thrilled when David got out of prison. Her life was probably pretty good without him and we all know about his temper.
     
  15. Ann-Tx

    Ann-Tx Well-Known Member

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    From: KPRC (NBC) - Houston, TX
    RE: David Temple trial - Day 5


    Posted: 5:30 PM, July 12, 2019
    Updated: 5:54 PM, July 12, 2019

    Snipped:

    The court is in recess for the weekend. Testimony in the case will resume Monday at 10 a.m.

    What happened Friday in retrial of David Temple
     
  16. Ksprincess2

    Ksprincess2 Well-Known Member

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    Can someone explain to me why Heather raised Evan? Seems like when David went to jail Belinda's family should have had custody of him instead of Heather.
     
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  17. nightowl1975

    nightowl1975 Well-Known Member

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    I know next to nothing about this case, but random thoughts:

    Did Heather adopt him after marrying David?

    Evan would’ve been at least 9-10 when his father went to jail, assuming he was incarcerated from the time of arrest. He would’ve been closer to 11-12 if David wasn’t incarcerated until after his trial. If Evan was closer to 12, he would’ve likely had some say in who he lived with.
     
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  18. My3Sons

    My3Sons Well-Known Member

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    Belinda was murdered in 1999 and David was not arrested until 2004. So, until David’s arrest Evan lived with his surviving parent and Heather, his dads new wife. David and Heather allowed Evan no contact with Belinda’s family. I would assume when David was arrested it made sense to leave Evan with Heather since she had been his “mother” all that time. I don’t know if the Lucas’ ever attempted to get custody or visitation.

    It is, in some ways, one of the saddest aspects of this case. IMO, Evan was raised as if Belinda never existed. The woman he calls mom is the woman his dad murdered his mom for. A woman, IMO, that lied for and protected his dad and knows way more than she’s ever told about his mother’s murder. I am hoping against hope Heather has seen the light and will tell us what she knows when she testifies this time.
     
    Last edited: Jul 13, 2019
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  19. Ksprincess2

    Ksprincess2 Well-Known Member

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    Thank you both, I hadn't realized that it took so long for David to be arrested so Evan had already been living with Heather for a few years before David went to jail.
     
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  20. Ann-Tx

    Ann-Tx Well-Known Member

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