Category Archives: Orwellian Threats to Rights

Prosecutorial Misconduct in Texas: Continuing Injustice

For criminal defense lawyers in Texas, the idea that prosecutors are human and sometimes do very bad things isn’t news. It’s something to be monitored during every case and almost every day you ask yourself the question: is the prosecutor trying to pull a fast one here? Real life isn’t like TV shows, albeit even…

Seal Broken by Judge Today and Now We Know How The Police Are Eavesdropping on Public With Stingray Devices

For a long while, criminal defense lawyers along with civil rights activists as well as citizens who have been arrested by law enforcement in Police Departments all over the country have known that police have been using new technology to eavesdrop on phone calls and text messages. That’s not news. It’s been a real big…

Navarette v. California: Supreme Court Okays Anonymous Tip for Traffic Stop — We’ve All Lost Something Today

Back in January, we warned about what happened today: the United States Supreme Court has okayed police pulling people over to search their vehicles based upon an anonymous tip in the case of Navarette v. California. In February, we were still reeling from the SCOTUS decision in Fernandez, where they found it legally permissible and…

Client Communications With Criminal Defense Lawyers – Keeping Your Lawyer and Client Communications Safe From Eavesdroppers and Hackers

This week, the director of the National Security Agency responded to the demand letter sent by the American Bar Association (see details on the ABA letter including its full text here) and what Director General Keith Alexander had in reply shouldn’t be a surprise to anyone: the NSA has told the ABA not to worry,…

THE CRUEL REALITY OF CRIMINAL EVIDENCE: IT’S JUST NOT THAT RELIABLE

EVIDENCE IN CRIMINAL CASES CANNOT BE BLINDLY TRUSTED: TEXAS CRIMINAL EVIDENCE ISN’T LIKE IT IS ON TV On television, an amazing number of cop shows succeed in drawing large audiences: series and spin-offs where handsome men and beautiful women work hard in scientific labs to produce iron-clad evidence that convicts the bad guy. They rival…

U.S. Supreme Court Will Make Big Decisions on Your Privacy Rights from Police this Year: the Boundaries of Law Enforcement Intrusion

Yesterday’s State of the Union address is still the talk of many today, with many discussing the extent of the executive branch’s power and exactly what “checks and balances” means. However, for many criminal defense practitioners there’s more to be considered in 2014 than what the President or Congress may be doing up in Washington,…

Junk Science Causing Wrongful Convictions in Texas: Will New 2013 Habeas Corpus Law Help Those Wrongfully Convicted in Texas?

This Friday, the Texas Forensic Science Commission is meeting down in Austin, and one the big topics that will be on the table there will be  the big, big problem of “junk science” being used by Texas prosecutors to get convictions against people – wrongful convictions.  The TFSC has also issued its 200+ page 2013…

New Texas Court Case May Allow Police to Search Your Home Without a Search Warrant or Your Okay

On television, the police cannot come into your home without (1) a warrant or (2) your approval and consent — unless they’ve got a really, really good reason (like they can see someone on the living room floor unconscious by looking through the no-curtained window). Perhaps you learned in class while in high school or…

Prosecutorial Misconduct Rules Issued by Texas Supreme Court: Where is Michael Morton’s Prosecutor, Ken Anderson, Now?

Prosecutors do bad things all the time here in Texas; if you doubt this, just read a few of the stories we’ve posted about regarding abusive and illegal actions by District Attorneys here in the Lone Star State. These state prosecutors do all sorts of illegal acts, from hiding evidence and introducing false evidence in…

Texas Criminal Defense Lawyers Do Not Trust Prosecutor’s Crime Lab Forensic Evidence, When Will Public Become Aware that Crime Lab Results Aren’t Like TV Forensics?

Forensic evidence seems so darn scientific and reliable when you watch TV. Unfortunately, things are NOT the same in the real world as they are on television shows and we’ve been monitoring how bad Texas Crime Labs can be in processing evidence to be used in criminal trials for a long while now. (See, for…