By SEAN WARDWELL
Attorneys for Shawn Nathan Shipman presented an application for a Writ of Habeas Corpus on June 9 in the hope of sparing him a new trial on narcotics charges. A Writ of Habeas Corpus is a legal action by which detainees can seek relief from a court from unlawful imprisonment.
Shipman, who is currently incarcerated in the Hays County Jail, was granted a new trial after former Assistant District Attorney Lynn Peach informed his lawyer, David S. Watts, of possible prosecutorial misconduct.
The Hays County District Attorney’s office recused itself from Shipman’s case after Peach presented her allegations. Mark Kimball, a former prosecutor from Bell County, was brought in to handle the case instead.
Visiting District Judge James F. Clawson Jr. heard arguments from both sides during a sometimes contentious hearing that ran for more than four hours. Kimball faced off against Chevo Pastrano Jr., who was brought in to assist Watts with Shipman’s case.
Clawson will wait to make a ruling until he has had a chance to read cases cited by both sides. Both Kimball and Shipman’s attorneys have indicated they will appeal if they aren’t satisfied with the judge’s ruling.
Shipman’s new trial has been removed from the June docket. A new trial date, if needed, will be set after Clawson rules on the writ.
For more information on the Shipman case, read these previous stories.Email | Print