An appeals court has upheld a lower court's decision granting an accused Beaumont Police Officer a new trial.
Officer James Cody Guedry was charged with official oppression after tasing Derick Newman in August 2007. Newman was pulled over for traffic violations.
Guedry was found guilty in 2010 and sentenced in January 2011 to 90 days probation. oppression. He could have received up to a year in jail and or up to a $4,000 fine.
According to 12News HD file stories, during the 2011 sentencing hearing, Judge Stevens justified the 90 days probation, saying the young cop was placed in a no-win situation, as he was following orders when he illegally tazed Derrick Newman in 2007.
In April 2011, Judge John Stevens granted Guedry a new trial. During the original appeal, Guedry's new attorney said there were more than 30 different instances presented showing Guedry's original defense, Attorney Mitch Adams, failed to represent Guedry.
Guedry feels Adams failed to stand-up and object numerous times to irrelevant evidence, prejudicial evidence, improper voir dire, improper comments and improper argument during his criminal trial.
He also feels Adams failed to request numerous times that the jury be instructed to disregard improper questions, remarks and arguments during the trial.
The 9th Court of Appeals issued an opinion Wednesday affirming Judge Steven's decision to give Officer Guedry a new trial. The court agreed with Judge Stevens that Attorney Adams was ineffective as Guedry's attorney.