Category Archives: Orwellian Threats to Rights

Do You Have Any Privacy From the Police in Texas? Laredo vs. Dallas

If you watched the CBS crime show “Hawaii Five-O” last week, you saw the elite police squad use a device that allowed them to see through the walls of a building and view not only the location of the kidnapping victim but also the location and movements of her captors. The gizmo read the heat…

Forfeiture Funds are Back as Equitable Sharing Program Gears Up in Dallas County and State of Texas

Back in March, the Department of Justice issued a news release that had to have been met with lots of joy in law enforcement offices all over the State of Texas: the “Equitable Sharing Program” was back, effective immediately! Both the March 28, 2016 Letter Sent by the Department of Justice to State, Local, and…

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…