Category Archives: Wrongfully Accused

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…


10 Things to Know About a Jury Trial in Texas after John Wiley Price

Let’s talk about the power of a jury.   Specifically, juries in criminal trials here in Dallas, Fort Worth and North Texas.  It seems like a very opportune time to do so. John Wiley Price Mistrial: Jury Unable to Reach a Verdict John Wiley Price returned to work as a Dallas County Commissioner this week as…


Intellectually Disabled or Mentally Ill: Competency to Stand Trial and the Insanity Defense

This week, the Supreme Court of the United States (SCOTUS) issued its opinion in Moore v. Texas (read it here).  This case is not only a victory for Texas Death Row inmate Bobby Moore; it’s also a major event in Texas criminal law. Why?  SCOTUS has ruled that the Texas legal procedure for determining if…


Prosecutorial Misconduct in Texas: Right Now, it’s an Appellate Fight

Prosecutorial misconduct isn’t going away.  It’s a very serious problem here in Texas.  And it’s been a huge evil lurking in our criminal justice system for many years. Why is it so wicked?  Because a prosecutor has so much control over what happens to an individual who has had their freedom taken from them by…


Getting Out of Jail in Texas on a Writ of Habeas Corpus

There’s more than one way to regain your freedom after an arrest here in Texas.  Under either federal or state law, you can challenge the legality of your situation – being held behind bars – by filing an application with the court for a “writ of habeas corpus.” What is a Writ of Habeas Corpus?…


Defenses in Texas Criminal Cases

Criminal defense isn’t just trial work, even though it sure looks like it if you watch all the TV crime shows. A lot of defending clients charged with crimes here in Texas involves working with evidence and negotiating with the government. Defending happens a lot of the time at a desk with a keyboard, or…


Lineups and Showups: What They Are and Why They’re Challenged

Lineups and Showups Use Eyewitness Testimony to Identify Suspects Watch most any TV detective show and sooner or later, you’re going to see the police (and sometimes prosecutors, too) identify their Bad Guy with a lineup or showup. These are popular ways for TV police to have eyewitnesses point the finger at the bad guy. …


Loss of Privacy And Arrest in Texas: Hurting Your Job, Your Relationships, Your Life

You can be arrested under either federal or state law here in Texas. We’ve discussed how those two systems work side by side here in Dallas, Fort Worth, and North Texas. For more on the process of being detained, arrested, and released on bail, read: Out on Bail: Pre-Trial Conditions in Dallas, Fort Worth, and…


Brendan Dassey Motion for Release from Jail During Appeal of Wrongful Conviction Ruling

The Motion to Release Brendan Dassey on his own recognizance (no bail bond) has been filed with the federal court that ruled he was the victim of a wrongful conviction.  Both the motion and its memorandum in support (which has all the legal arguments) have been placed in the Michael Lowe Digital Library. This supplements…


Bail in Texas: What’s All This About Bail Reform? Can You Get Out of Jail?

Bail is not guaranteed to you in the constitution. It’s a process that has been created by legislatures and courts to help people get out of jail after they’ve been arrested. Defendants in Texas do not have a legal right to being released after arrest. Innocence doesn’t matter. Federal vs. Texas Bail Process Bail is…