New trial denied for twice convicted shooting defendant

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August 30, 2012

New trial denied for twice convicted shooting defendant

By BRAD KELLAR Herald-Banner Staff The Herald-Banner Thu Aug 30, 2012, 08:31 AM CDT

GREENVILLE — A state district judge has denied a new trial for a Rains County man, convicted and sentenced to prison twice for shooting the husband of his girlfriend.

James Earl Lemons of Point was sentenced in June to 17 years in the Texas Department of Criminal Justice-Institutional Division, following a trial in the 354th District Court.

Lemons’ defense attorney on appeal, Scott Corunaud, had filed a motion seeking a new trial.

“The verdict in this case is contrary to the law and the evidence,” Corunaud said. “The trial court has the discretion to grant a new trial in the interest of justice.”

Judge Richard Beacom denied the motion following a Tuesday hearing.

The conviction and sentence have been appealed to the Sixth Appellate District of Texas at Texarkana, which overturned Lemons’ first conviction.

But a jury found Lemons guilty again June 7, following a three-day trial. The sentence was handed down by Beacom one week later.

Lemons was convicted by a Hunt County jury in March 2010 and was sentenced to 17 years in prison.

The Sixth Appellate District of Texas at Texarkana reversed Lemons’ conviction in February 2011, citing he received ineffective assistance from his defense counsel during trial, and remanded the case back to the district court.

Lemons was indicted in August 2009 for allegedly using a shotgun to shoot the husband of his girlfriend.

Darryl Cox was shot in the stomach on the night of Sept. 7, 2008, at his residence along Farm-to-Market Road 1569.

During interviews with family members shortly after the shooting, Karen Curtis Cox said she had a picture of Lemons on the computer at the residence and later admitted he was her boyfriend, but said she did not think he could have been the one to shoot Darryl Cox.

Karen Cox had a charge of hindering apprehension in connection with the same incident dismissed.

The appeals court ruled that Lemons’ defense counsel failed to raise evidence during the trial that Darryl Cox was the only person to identify Lemons as the shooter, after initially naming another man, which should have cast doubt on the victim’s credibility.

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New trial denied for twice convicted shooting defendant

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