Category Archives: Orwellian Threats to Rights

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…


Texas Stop and Frisk: The New York City Stop and Frisk Law Just Held Unconstitutional – Texas Law Is Not Involved Here

There’s a lot of chatter this month about “stop and frisk laws” and the recent ruling by U.S. District Judge Shira Scheindlin who presides over a federal trial court up in the heart of New York City. In a lengthy (195 pages) decision (read it here), the Manhattan federal judge ruled that it violates the…


Police and Your Phone: The Justice Department Pushes Supreme Court To Okay Police Searching Your Phone Without a Search Warrant. Will Your Smartphone Be Private Anymore?

We’ve posted about police in Texas circumventing search warrants to get cell phone tower information by getting special court orders from Texas judges and how many are concerned that this is a constitutional violation of our rights to privacy. (The Fifth Circuit Court of Appeals, which presides over Texas in federal appellate matters, has ruled…


Salinas v Texas: Your Silence During Police Interrogation Does Not Get 5th Amendment Protection, Can Be Used Against You as Evidence of Guilt to the Jury

Well, prosecutors and police officers are happy today, because the United States Supreme Court just came down their way in the case of Salinas v. Texas (more about that pending case here).   It’s not too far off to imagine that interrogation training is already being revised in Dallas and across the State of Texas…


New Texas Laws Targeting Prosecutorial Misconduct: The Michael Morton Act and new Tex Gov’t Code 81.072(b) Limitations – Do They Really Help Texas Citizens?

Yesterday, the Texas Legislature sent two bills over to Governor Rick Perry’s desk for his signature:  the new Michael Morton Act (SB 1611) and an amendment to the Texas Government Code Section 81.072 (SB 825).  It’s expected that Governor Perry will sign this bills into law, and soon we’ll all be under their sway. Here’s…


Texas Top Prosecutors In Trouble: Dallas DA Craig Watkins, Austin DA Rosemary Lehmberg, Corpus Christi ex DA Anna Jimenez, Williamson County ex DA Ken Anderson – How Big is Prosecutorial Misconduct Problem in Texas?

In the past couple of months, top prosecutors from Texas counties all over the Lone Star State (both presently serving as head prosecutor as well as former top D.A.s) have made the national news after being accused of doing assorted bad things while acting as head district attorney for their respective counties. What is the…