Category Archives: DA Watch

Prosecutorial Misconduct by Waco District Attorney Alleged by His First Assistant

First things first, remember the big shooting down in Waco last year, where hundreds of arrests were made in the big “biker shootout” at the Twin Peaks restaurant?  We’ve discussed it before, read “Waco Justice? 100 Days After Twin Peaks Biker Arrests, Things Look Fishy to Criminal Defense .” Nov 10th Mistrial in Twin Peaks…


Prosecutors and Police in Dallas: How Bad is It?

So, what’s going on here in Dallas County with our prosecutors and our police department?  Well, there are lots of things going on right now that impact criminal justice – and criminal defense – here in North Texas.     Because excessive force by the police and prosecutorial misconduct isn’t just stuff that happens in…


Arrested After Police Field Drug Test?  Fight Back: These Things Are Notoriously Wrong

Here’s what happens.   You’re driving along, minding your own business, when you see those flashing lights in your rearview mirror and pull over.  The police officer saunters up to your window.  You ask what’s going on: why did he stop you? Next thing you know, he’s checking out stuff in your car and he’s using…


Attacks on Police in Texas are Hate Crimes under 2017 Police Protection Act

Look in the dictionary and “hate crime” is defined as any crime that is motivated by hostility towards the victim because he or she is a member of a specific group (like gender, race, religion, sex, or sexual orientation). The FBI has its own definition:  a “criminal offense against a person or property motivated in…


Speedy Trials in Texas: Prosecuting “Killer Nurse” Genene Jones for 1981 Crime

Do you remember where you were in 1981?  Were you even alive in 1981? Let’s think back … 1981 was the year: President Ronald Reagan was shot by John Hinckley; the CDC recognized the first five cases of AIDS in five homosexual men diagnosed with a “rare form of pneumonia” in Los Angeles; Donkey Kong…


Texas Prosecutor on Trial for Prosecutorial Misconduct

Prosecutorial misconduct is a problem of epidemic proportions in this country.  There is lots of discussion in criminal justice circles (and elsewhere) about how best to rein in these rogues and stop the rampant injustice created by prosecutorial misconduct. For more on the severity and seriousness of the prosecutorial misconduct problem in Texas, read our…


Gang Crime Charges: Increasing Prosecution of Gang-Related Crimes in Texas

This week, President Trump publicly blamed former President Obama for allowing known Central American gang MS-13 to gain a foothold in the United States.  See, “Trump blames Obama for formation of MS-13 crime gang,” published by the Business Insider on April 17, 2017. Two months ago, the President signed a series of three executive orders…


Prosecutor Withholding Evidence from Defense in Federal Criminal Case

In a criminal case, someone’s freedom — or even their life — is on the line.  Legally, this places special duties upon the prosecution to be fair with the defendant.  All sorts of laws exist to protect against abuse by the state: things like the Speedy Trial Act, for instance. Prosecutorial Duty to Turn Over…


Texas Needs New Asset Forfeiture Law Reform: Spread the Word

Asset forfeiture:  yes, we’re back on the stump about it again. First, let’s talk about the status of the pending asset forfeiture reform legislation as of the end of February 2017. We wrote about this proposed legislation right around Christmas; see the details in “Will Texas End Civil Forfeiture in 2017?” 1.  Texas Senate On…


Juvenile Arrests in Texas: When Kids Are Charged With Adult Crimes

Here in Texas, there’s lots of talk about what is the right age for prosecution as an adult and not as a juvenile.  Is Texas wrong to prosecute seventeen year olds as adults?  Big hint here: the United States Supreme Court has ruled that in the United States of America, you become a legal adult…