Category Archives: Court Opinions
Can Texas Criminal Defense Lawyers Rely Upon Jury Questionnaires in 2020?
The Aftermath of Fort Worth Court of Appeals Decision in Badger Here in Texas, jury selection begins down in Austin. The Secretary of State’s Office combines (1) each county’s list of registered voters with (2) those whose residence address on their Texas Driver’s License or Texas Identification Car is within the county’s jurisdiction, according…
False Confessions: Police Get Them, Prosecutors Use Them – Three Recent Examples and How to Protect Yourself
Let’s talk about Confessions. False confessions. Think about this: you’re tried — and convicted — of a very public crime, let’s say a homicide, and sent off to prison. Your lawyers keep working; the judge orders a retrial. Then, wham! The prosecutors in the case go before the judge and file their motion to dismiss…
Texas Court of Criminal Appeals: Case of First Impression on Texas’ New Junk Science Law
Two years ago, we were optimistic about the efforts being made by many to resolve a huge problem of injustice here: the problem of “junk science.” All too often in this state, and across the country, “junk science” is being used to wrongfully convict innocent people of crime. Some are even sentenced to death based,…
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…
Fighting the Prosecutor on Just Punishment: Evidence on Sentencing and Probation After a Conviction in Texas
For many people, maybe because it seems like it in so many TV shows, criminal trials are one big event. It’s exciting and fast-paced, where the attorneys roam the courtrooms, there’s very little paperwork, and there are lots of people going up to the witness stand for short stints. In reality, things are different. Two…
When The Police Stop You: the Law and Your Need for a Zealous Defense Lawyer
The death of Freddie Gray while in the custody of the Baltimore Police Department continues to be big news here in Dallas and the rest of the country: this week, the six police officers who were arrested in connection with what the medical examiner ruled a homicide of Freddie Gray are quickly beginning their defense….
Police Brutality in Texas? Robert Tolan Wins as 1983 Excessive Force Case Returned to Trial by US Supreme Court
Robert Tolan fights for justice. How many other Texans have 1983 excessive force cases against police officers that they are afraid to file? Earlier this month, the United States Supreme Court reversed the decision of our own Fifth Circuit Court of Appeals (the federal appellate court that grades the papers of federal criminal trial courts…
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…
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…
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…
