Category Archives: Orwellian Threats to Rights

Privacy of Your Smart Phone: Police Search and Seizure and Apple’s Fight Against the FBI

There is a huge privacy fight going on this month up in Washington regarding privacy and your smart phone, as the Federal Bureau of Investigation (FBI) wants access to all the data that is setting encrypted on the iPhone taken by the local police in the aftermath of the San Bernardino shootings. Some may argue…

Prosecutorial Misconduct in Texas Murder Trials: Prosecutors Fighting Against Misconduct Allegations

Prosecutors in Texas doing bad things is a serious problem – and one that is slow to be corrected. We’ve discussed this issue in case after case, coming from all parts of the state, for several years now. For past examples, read our posts including: August 2015: District Attorneys Keep Doing Bad Things: More Texas…

Lesson For Texans From Netflix’s “Making of a Murderer”: Public Defenders vs. Hired Defense Lawyers

If you haven’t watched the documentary “Making of a Murderer” yet, odds are high that you’ve heard about it. A Netflix Original, the 10-episode documentary took 10 years to make and debuted on Netflix back in December 2015. It follows the story of Manitowoc County, Wisconsin local boy Steven Avery, known to most in his…

Prosecutor Deals, the Bill Cosby Criminal Case, and Probable Cause Examining Trials in Texas

The Bill Cosby scandal continues to grab headlines almost daily: we all know about how the famous comedian was arrested in December 2015 on felony sexual assault charges up in Pennsylvania. This, on top of all the civil defamation lawsuits that have been filed against Cosby, and the countering claims he’s filed as well. Read…

Grand Jury in Texas: Defending Witnesses and Targets of Grand Jury Investigations

You read about grand juries all the time: just this month, there was national news coverage in the Tamir Rice case, because there was no indictment; the grand jury voted against it.  Another example: in the Sandra Bland case, there was an indictment because the grand jury voted for it – after the grand jury…

Prosecutorial Misconduct in Texas Alert: Ethical Rules Held to Have Broader Duty Than Brady to Turn Over Exculpatory Evidence to the Defense

Back in November 2014, a State Bar of Texas Grievance Committee ruled that a Denton County assistant district attorney named William (”Bill”) Schultz had violated the ethical rules that all Texas attorneys are sworn to uphold.  Not only that, but more: he had committed a serious ethics violation and his unethical conduct deserved suspension from…

Year in Review: Things for Dallas to Consider From a Criminal Defense Perspective

How Dangerous is It to Live or Work in Dallas County? Here we are at the end of another year. Let’s take a minute and consider where things stand as we enter 2016, from a North Texas Criminal Defense perspective: 1. Dallas County Is Really, Really Dangerous As reported by Grits for Breakfast this week,…

Former Dallas Criminal Judge Etta Mullin Gets Bigger Discipline After She Appeals Public Admonition by Judicial Commission

Around the hallways of the Dallas County Courthouse, you can hear many a war story about appearing in the courtroom of Dallas County Criminal Court No. 5 when the Honorable Etta Mullin presided on its bench. If you didn’t have your own personal experience to share, there were lots of criminal defense lawyers (and other…

Waco Justice? 100 Days After Twin Peaks Biker Arrests, Things Look Fishy to Criminal Defense 

Today, the Dallas Morning News published an editorial calling for the end of the gag order down in Waco which prevents law enforcement and state authorities — much less anyone else — from revealing information about the May 17, 2015 shootout involving lots of bikers and motorcycle club members at the Twin Peaks restaurant in…

District Attorneys Keep Doing Bad Things: More Texas Prosecutorial Misconduct Stories

The problem of prosecutors doing bad things like hiding evidence and introducing unreliable (or false) testimony isn’t getting better.  Recently, the Daily Beast published an expose on prosecutorial misconduct in the United States, labeling the problem a national epidemic. You can read their take on things in the article written by Jay Michaelson and published…