Monday, July 25, 2011

Kelly Rogers Attorney Dallas and Texas Bar Journal--July 2011

Kelly G Rogers--Attorney Dallas--If convicted on Felony One by the State of Texas on August 15th, Kelly Gordon Rogers of Dallas could end up in an upcoming Texas Bar Journal publication. These reports are available to the public each month by visiting the State Bar of Texas and searching Disciplinary Action.

In researching back issues, a variety of Attorney's have been suspended, disbarred or resigned once the State of Texas successfully convicted them on criminal charges.  Many of these attorneys were convicted of second and third degree felonies. Kelly Rogers-Attorney Dallas-has been indicted on first degree felony charges.

All attorney's listed below violated Texas Disciplinary Rules of Professional Conduct (TDRPC): 8.04(a)(3) — for engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation 8.04(a)(3) — for engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.

Sound familiar?

DISBARMENTS

On Jan. 31, Todd R. Phillippi [#00790178], 50, of Midlothian, received a three-year, partially probated suspension effective March 1, with the first five months actively served and the remainder probated. An evidentiary panel of the District 7 Grievance Committee found that Phillippi entered into a business transaction with a client without obtaining the client’s consent in writing. Phillippi also engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation. Phillippi violated Rules 1.08(a)(3) and 8.04(a)(3). He was ordered to pay $7,077.13 in attorney’s fees and costs. Phillippi has filed an appeal.

RESIGNATIONS

On March 29, the Supreme Court of Texas accepted the resignation, in lieu of discipline, of David Lee Murff [#24039081], 41, of Houston. At the time of Murff ’s resignation, there were three matters pending against him alleging neglect and failure to communicate, to place client funds into a trust account, to promptly deliver to the client or third person any funds or other property that the client or third person is entitled to receive, to return client files and unearned fees at the end of representation, and to timely furnish to the Chief Disciplinary Counsel’s office a response. Murff violated Rules 1.01(b)(1), 1.03(a), 1.14(a) and (b), 1.15(d), and 8.04(a)(8). On May 9, the Supreme Court of Texas accepted the resignation, in lieu of discipline, of Olesya Oleynik [#24062927], 25, of Sunnyvale, Calif. The Court found that during two representations, Oleynik neglected the legal matter entrusted to her; failed to keep the clients reasonably informed about the status of their matters; and engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation. Oleynik violated Rules 1.01(b)(1), 1.03(a), and 8.04(a)(3).

On April 8, Sidney Allen Lyle, Jr. [#00795026], 41, of North Richland Hills, received a two-year, fully probated suspension effective May 1. An evidentiaryand the remainder probated. An evidentiary panel of the District 15 Grievance Committee found that in connection with three grievances, Lyle neglected client matters; failed to communicate with clients; made false statements of material fact or law to a third person; engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation; and failed to respond to a grievance timely. Lyle violated Rules 1.01(b)(1), 1.03(a), 4.01(a), and 8.04(a)(3) and (a)(8). He was ordered to pay $3,000 in attorney’s fees and expenses and $12,500 in restitution.

On May 12, Bret Christopher Green [#24027210], 43, of San Antonio, accepted a five-year, partially probated suspension effective Jan. 29, 2012, with the first two years actively served and the remainder probated. An evidentiary panel of the District 10-4 Grievance Committee found that Green failed to refund unearned fees, to return his client’s file, to provide written notice to his client that he was suspended from the practice of law, and to deposit and hold unearned fees in a trust account. Green violated Rules 1.04(a), 1.14(a), 1.15(d), and 8.04(a)(3) and (a)(7). He was ordered to pay $1,500 in attorney’s fees and expenses and $13,500 in restitution.

On May 27, Charles P. Jones [#10866900], 63, of San Antonio, received a two-year, partially probated suspension effective June 15, with the first year actively served and the remainder probated. The 285th District Court of Bexar County in San Antonio found that Jones made a misrepresentation to his client and failed to keep his client reasonably informed, to respond to reasonable requests for information, to promptly return unearned fees, and to return the client’s file. Jones violated Rule 1.01(b), 1.03(a), 1.15(d), and 8.04(a)(3). He was ordered to pay $1,000 in attorney’s fees and expenses and $600 in restitution.


REPRIMANDS

On May 11, John K. George [#07805600], 63, of Bellaire, accepted a public reprimand. An evidentiary panel of the District 4-C Grievance Committee found that George was hired in August 2007 for representation in a real estate matter and agreed to represent his client in negotiating a settlement with the buyer for missed payments and, if necessary, to initiate foreclosure proceedings proceedings. The client periodically contacted George to ascertain the status of the case and was told by George that he had begun the foreclosure proceedings when in fact, he had not. In April 2010, George admitted to his client that he had not pursued the foreclosure action. George violated Rules 1.01(b)(1) and 8.04(a)(3). He agreed to pay $500 in attorney’s fees.

Tuesday, July 12, 2011

Lawsut update:Kelly and Carrie Rogers of Frisco Tx

This is a Lawsuit update for Kelly and Carrie Rogers of Frisco, TX.

State of Texas v. Kelly Rogers: 3808160009  Kelly Rogers of Frisco, TX is scheduled to stand trial beginning August 15th, 2011. Subpoena's were issued back in May and all have been served and returned. The charges are FIRST DEGREE FELONY. If convicted, Rogers could face jail time, a fine and would be disbarred by the Texas State Bar.

Click here to download a summary on each of the FIVE lawsuits.

Bradley Dean v. Land and Mineral Corporation, Carrie Rogers. 366-00485-2010 It's shameful that Kelly Rogers of Frisco, TX seems to have dragged his wife--Carrie-- into a variety of these lawsuits. He managed to accomplish this action when he willingly worked to shift most of his assets to Carrie prior to his bankruptcy filing. As a result, creditors are now turning to her to recoup the money they feel has been taken from them.

The last action in this case was on June 27th, 2011 whereas: Motion--Defendant Land and   
Minerals Corporation's motion for a protective order to limit the scope of Plaintiff's request for production of financial records from, and deposition questions to SNB Bank of Dallas.

Citibank (South Dakota) NA v. Carrie S Rogers 199-04132-2010  On December 10th, 2010 an order granting New Trial reopen OCS. Agreed order to vacate final Judgement.

CitiBank v Stoneport Villas, LP, RBL Developments, Roberto Bevilacqua, Eric Benavides. 199-02179-2011. Last activity on May 19, 2011 in way of a payment for Transaction assessment.

Rio Grande Coal Mine, LLC, Kent Loehrke, Paul Sanchez, Peggy Wade, Eric Wade, Tom Haas, Christian Litscher v Kelly Rogers, Carrie Rogers. 219-02195-2008. A case where as money was raised and allegedly misappropriated, similar to the claims in the State of Texas v Kelly G Rogers. Last activity on May 6, 2010: Plaintiff's first amended Status report and request for special jury trial setting.

If anyone has any additional information to provide, please use the comment module to post.

Thursday, July 7, 2011

Casey Anthony get 4 years for Lying

11:01 a.m. EDT, July 7, 2011.  

Casey Anthony will be released from the Orange County Jail on July 13.  Chief Judge Belvin Perry sentenced Casey Anthony this morning for lying to police, giving her four years in jail and credit for the time she's already served since 2008.

Considering how much time she's already served, court officials have calculated that she will be released from the Orange County Jail July 13. The sentence also includes four, $1,000 fines for each of the four counts of lying to police.
The sentence is the maximum Perry could impose under the jury's decision.

But unhappy Anthony opponents still gathered outside the courthouse to express their displeasure about her acquittal Tuesday on a charge of first-degree murder in connection to her daughter's death.

"I feel she got away with murder and it really irritates me," said Donna Marini, an Altamonte Springs woman who attended most of the trial proceedings.

Nearby her, though, Casey Anthony supporters chanted for her release. One many stood with a sign asking "Casey will you marry me?"

"I would date her," said the sign's holder Tim Allen. "Everyone deserves a second chance."

Inside the courtroom, Anthony showed no reaction while Perry discussed her lies and imposed his sentence.

Earlier, she arrived in Perry's courtroom appearing relaxed and happy.

All of Anthony's lies

Anthony, who normally wears her long hair in a bun on top of her head, wore her hair down in court today. She huddled with her attorneys, Cheney Mason and Dorothy Clay Sims, while smiling and stroking her hair before the hearing began.

Her smiles disappeared though after she learned Judge Perry's sentence.

Perry disagreed with Lisabeth Fryer, one of Anthony's attorneys, who argued that Anthony's four convictions for lying to police should be consolidated into one count.

That's because all the lies were told in one conversation, Fryer said.

Fryer noted that the concept of "double jeopardy" should be applied. She wanted Perry to sentence Casey on one charge because the false statements Anthony gave law enforcement stem from a single incident on July 16, 2008.

She also noted case law to support her argument.

Assistant State Attorney Linda Drane Burdick disagreed, saying "It is our position that there is a temporal break between the lies.
Burdick says Casey's lies were intended to lead law enforcement "on a wild goose chase."

She says she did have time to pause and reflect about these mistruths and they did not occur in one single instance.

Perry agreed with Burdick that Casey's guilty verdicts represented "four separate and distinct lies" that led law enforcement on months-long search for her daughter Caylee, forcing them to spend "a great deal of time, energy and man power looking" for the child."

Just as the jury spoke loud and clear about finding Casey not guilty of the most serious charges against her, including the murder of her child, Perry said, "the jury spoke loud and clear as to the remaining counts, four, five, six and seven."

Hearing on costs set for Aug. 25

Earlier, Burdick let Perry know about the state's interest in collecting investigative costs from Anthony related to the search for Caylee Marie in 2008.

A hearing on that issue was set for Aug. 25.

Perry also told Anthony that she has a right to appeal his sentence for her lying convictions. Perry said the defense has 30 days to appeal.

Perry says if she does not file timely notice of appeal, she forfeits her ability to appeal.

Court is in recess right now as officials calculate the amount of credit she should receive for time she's already served in jail. That will determine how long she will be held at the Orange County Jail.

Outside the courthouse

Meanwhile, protestors upset with Anthony's acquittal on more serious charges, including murder, are chanting outside the courthouse. Some spectators also expressed support for Anthony, including one man who wants to marry the single woman.

A minority of protesters outside the courthouse shouted: "Free Casey!"

Earlier, at least two deputies were seen at the Orange County Courthouse carrying gas masks in anticipation of a strong reaction following this morning's sentencing.

Other officers are patrolling on horses.

Public outrage has been building since Anthony was acquitted Tuesday of first-degree murder and other serious charges in connection with her daughter's death in 2008.

Crowds gathered around two designated free-speech zone, where several people stood with home-made posters and signs. Several of those expressed disproval of Casey Anthony's verdict.

One poster had a picture of Anthony with silver duct tape over her mouth. One man was wearing duct tape over his own mouth. Other signs were directed at Caylee, such as one that said "We love you."

Other spectators gathered to photograph and videotape the crowd.

Patti Lockwood of Orlando, who said she's followed the Anthony case since day one, stood nearby and watched the crowd.

"I'm down here to see what kind of time she's going to get," Lockwood said of Anthony's sentencing.

Calls to theOrange County Sheriff's Office about its preparations have not been immediately returned.

'I don't feel like justice was served'

About 50 people gathered peacefully outside the courthouse this morning for today's milestone moment.

The scene outside the courthouse this morning seemed relatively normal -- spectators who were lucky enough to get tickets Wednesday lined up as they have for weeks.

Debbie Calderon and her daughter Kristelle Calderon of Ocoee were numbers 23 and 24 in the line.

They have been to the courthouse a few times before -- Kristelle, who wants to be a prosecutor, was hoping to get a glimpse of Nancy Grace.

The mother and daughter watched the trial regularly.

"She's guilty," Debbie Calderon said. "I don't feel like justice was served."