DALLAS – LAWFUEL – Legal Newswire – The Texas Court of Criminal Appeals has reversed and vacated the convictions of two indigent Mexican nationals who have spent the last 12 years in prison on life sentences for the Aug. 6, 1996 killing of a convenience store clerk in the Texas Panhandle.

The decision means that, at the very least, new trials will be scheduled for Alberto Sifuentes and Jesus Ramirez, the two men convicted for murdering Evangelina “Angie” Cruz, attendant at the Jolly Roger convenience store just off Texas Highway 84 in Littlefield, northwest of Lubbock.

“Finally, justice has arrived for Jesus and Alberto,” said Dallas-based attorney Barry McNeil, who has led the six-year Haynes and Boone, LLP pro bono fight for Mr. Sifuentes, 34, and Mr. Ramirez, 59. “These two men have suffered far too long as victims of our legal system. We are hopeful that the prosecutors handling these cases will immediately move to dismiss the indictments so wrongly brought upon these men. They are innocent. There is not a shred of evidence against them, and they deserve to be freed immediately.”

The two men have been ordered released from the Texas Department of Corrections and will be transferred to Lamb County to await the decisions of prosecutors on whether to retry.

Mr. McNeil said his team will ask the Texas Attorney General’s Office to recommend that defendant Sifuentes be released immediately from custody. The attorney general’s office handled the habeas corpus proceedings regarding Mr. Sifuentes. The Lamb County District Attorney’s Office maintained control of the Ramirez case throughout the trial and subsequent habeas corpus proceedings.

The appeals court, Texas Attorney General’s Office attorneys and the original trial judge have all now concurred that Mr. Sifuentes and Mr. Ramirez were both unconstitutionally convicted, Mr. McNeil said.

“We hope that the Lamb County District Attorney will do the only fair thing and dismiss the case against Mr. Ramirez,” said Mr. McNeil. “There was never any wrongdoing by either Alberto or Jesus. They weren’t even there. And if Alberto is freed, then Jesus should be also.”

The defense team – McNeil, Ron Breaux, Sarah Teachout and former Haynes and Boone lawyer Ashley Brown Duffie – had argued during a 2005 habeas corpus hearing that Mr. Sifuentes and Mr. Ramirez were convicted based on false testimony by a questionable eyewitness.

The night Ms. Cruz was shot nine times and killed, Mr. Sifuentes and Mr. Ramirez were stopped by authorities while returning home to Muleshoe from a Lubbock bar. No evidence was discovered linking the men to the crime and they did not match the description Ms. Cruz gave of her assailants as she lay dying. They were allowed to leave.

Sifuentes and Ramirez only became the prime suspects the following day when an acquaintance inquired about a Crime Stoppers reward. After that, a bungled photo lineup and testimony from a mistaken eyewitness resulted in the convictions, the Haynes and Boone trial lawyers contended.

In August, trial Judge Felix Klein of the 154th District Court in Lamb County concluded in his “findings of fact” that the defendants were denied their constitutional rights when the trial juries were never informed:
• about the existence of a known alibi witness, Pauline Robles, who would have testified the defendants were at a Lubbock nightclub at the time of the murder;
• that evidence implicated two brothers who matched the victim’s description of her attackers;
• and that critical evidence that could have led the jury to doubt the defendants’ guilt was never investigated.

The latest news and background on this case can be found at Innocent In Texas.com. Interviews with members of the defense team can be scheduled by contacting Doug Bedell by email or at 214.651.5815.
Official records of the decision may be accessed online at:
Sifuentes — http://www.cca.courts.state.tx.us/opinions/HTMLOpinionInfo.asp?OpinionID=16373
Ramirez — http://www.cca.courts.state.tx.us/opinions/HTMLOpinionInfo.asp?OpinionID=16374

Haynes and Boone, LLP is an international corporate law firm with offices in Texas, New York, Washington, D.C., Mexico City and Moscow, providing a full spectrum of legal services. With almost 500 attorneys, Haynes and Boone is ranked among the largest law firms in the nation by The National Law Journal. The firm has been recognized as one of the “Best Corporate Law Firms in America” (Corporate Board Member Magazine, 2001-2007), and as a Top 100 law firm for both diversity (MultiCultural Law Magazine, 2008) and women (Women 3.0, 2008).

LAWFUEL – UK Business & Legal – The London capital markets attract significant numbers of small and mid cap international companies seeking to raise equity. To ensure international companies instil confidence in the IPO community, particularly at a challenging time for the markets, the Quoted Companies Alliance (“QCA”) has today launched a new guide, (‘London IPOs: A Practical Guide for International Companies’, containing 30 guidance principles focused on the issues of transparency and good governance.
The QCA specifically formed an International Working Group to produce the Guide, which is designed for smaller international companies considering any of the UK’s four major equity markets: the Main Market and AIM, both operated by the London Stock Exchange, and the PLUS-listed and quoted markets operated by PLUS Markets Group.
John Pierce, Chief Executive at the QCA said, “The QCA is dedicated to supporting the smaller quoted companies sector including international companies on the AIM and PLUS markets and we are delighted to launch this Guide to help them in this process. We encourage small and mid cap international companies to demonstrate best practice by declaring in their IPO public documents their recognition of and commitment to the 30 QCA international guidance principles contained in this Guide.”
A ‘How To’ guide for directors, management and legal counsel alike, the Guide addresses 10 key areas of concern with recommendations in the form of 30 guidance principles. As well as providing guidelines for the actual IPO process, the Guide details both pre and post IPO issues which often present unfamiliar challenges for international companies. These highlight the importance of a commitment to market transparency and the implementation and maintenance of appropriate corporate governance standards to boost investor confidence and improve a company’s ability to raise finances both on IPO and thereafter.
Chair of the QCA International Working Group, Adam Fenner, Corporate Partner at law firm Olswang, said “At a challenging time for the small and mid cap market, it’s important that international companies and their advisers inspire confidence in investors through a commitment to recognising and addressing key challenges both pre and post IPO. London’s IPO markets provide a deep pool of equity capital for fast growing international companies and with this guide, produced with the professional knowledge and experience of experts from every perspective of the listing process, international companies can join the market with confidence.”
Tracey Pierce, Head of Primary Markets at the London Stock Exchange commented; “The London Stock Exchange is the most international of the world’s capital markets, offering a choice of routes to market. International companies seeking to raise capital outside their domestic markets choose London for its deep pools of capital and the increased global investor rankings that joining the market gives. It is important that companies understand how their behaviour as a public company on our markets influences investor decisions and ultimately the cost of available capital. We support the Quoted Companies Alliance in its efforts to provide information and guidance to small and mid cap companies and this guide is a useful addition to the series” At a briefing seminar to be held in Central London at 8.15am on 14 February 2008, the key QCA guidance principles contained in the QCA Guide: “London IPOs: A Practical Guide for International Companies”, will be reviewed. There will be an opportunity for discussion with members of the QCA International Working Group. To reserve your place at the briefing, please email Lisa-Jane Ryan at ljr@olswang.com.
(ends)

For more information contact:

At the QCA
John Pierce, Chief Executive

020 7600 3745

john.pierce@quotedcompaniesalliance.co.uk

At Olswang

Verity Dephoff Lucy Chapman Natalie George
0207 067 3003 0207 067 3009 0207 067 3018
verity.dephoff@olswang.com
lucy.chapman@olswang.com
natalie.george@olswang.com

Notes to editors

1. The Quoted Companies Alliance (QCA) is the only organisation dedicated solely to fighting for the interests of small and mid-cap companies in one of the most important sectors of the UK economy – the thousands of companies outside the FTSE 350 on the Main Market, including those companies on AIM and the PLUS markets. Its members also include companies seeking admission to a UK equity market, either the Main Market (ex FTSE 350), AIM or the PLUS markets. The QCA promotes the interests and views of its members to Government, Europe, regulators and other professional bodies, educates its members on best practices and provides a vital forum for networking. Celebrating 15 years in 2007, the QCA forms its views through highly focused committees and working groups comprising senior representatives from across the smaller quoted companies sector.

2. The QCA is committed to the continuance of vibrant quoted company markets and believes that the sector has a vital part to play in determining the future health of the UK economy.

The QCA International Working Group is made up of representatives from: Quoted Companies Alliance; Olswang; Brewin Dolphin Limited; Landsbanki Securities UK; Collins Stewart Europe Limited; London Stock Exchange Group Plc; BDO Stoy Hayward LLP; Cubitt Consulting; ZTC Telecommunications Plc; and PLUS Markets Group.

Website: www.quotedcompaniesalliance.co.uk

Olswang is a leading business law firm with a distinctive approach. Its pioneering and problem-solving ethos has established a commanding reputation in the technology, media and real estate sectors, as well as a wide range of other industries.
Founded in 1981, the Firm has grown to a team of over 600, including 85 partners, across four European offices. In addition, Olswang has a formal alliance with a major US firm Greenberg Traurig LLP and a long-established best friends network of leading independent law firms throughout the world.
For three years Olswang has been ranked in The Sunday Times 100 Best Companies to Work For and its strong management team is dedicated to the personal and professional development of its people.

www.olswang.com