Category Archives: Court Opinions

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…


Warrantless DWI Blood Tests Violate the United States Constitution Rules U.S. Supreme Court in Today’s Opinion, Missouri v. McNeely: Police Need a Warrant Before DWI Blood Test

This morning there’s big news out of Washington D.C. for those defending DWI cases, something that prosecutors and police probably aren’t going to be happy to learn. The United States Supreme Court issued its opinion in Missouri v. McNeely, a DWI case where there was a blood test taken from a man without his consent…


Texas Prosecutors Come Under Increased Scrunity in Texas: Hank Skinner Stay Within Weeks of Michael Morton Release

Hank Skinner is still alive today thanks to a last minute stay granted by the Texas Court of Criminal Appeals – and it’s still open for debate whether or not his requests will be granted for DNA evidence to be tested. (For details on Hank Skinner’s case, check out our earlier posts here and here.)…


Another Law to Fix Driver Responsibility Surcharges: Prove You’re Indigent, and Judge Can Waive Surcharges

Around three weeks from now (on September 1, 2011), a new law will be effective here in Texas that will impact a lot of folk who have been convicted of a moving traffic violation here in the Lone Star State. Right now, everyone who gets a traffic ticket must pay a Driver Responsibility surcharge –…


Federal Judge Sam A. Lindsay Sick and Tired of Bad Cops Getting Cushy Sentences: Orders Former Mesquite Narc Officer to 15 Months in Fed Pen for Taking $2000

Some Dallas locals may remember Sam Lindsay from his days serving as Dallas City Attorney (1992-1998); however, for many years now, he’s been Judge Sam A. Lindsay of the United States District Court for the Northern District of Texas, presiding over a federal trial bench. And last week, Judge Sam A. Lindsay got fed up…


Who Will Bring Texas Prosecutor James Elliott to Justice In the Delma Banks Case? He’s Retrying a 30 Yr Old Death Penalty Case Despite US Supreme Ct Rebuke

In 2004, Texas Death Row inmate Delma Banks’ case came before the United States Supreme Court, where the Highest Court in the Land found that prosecutors had done very bad things — they had suppressed evidence, they had hidden their own mistakes, etc. — and because of this, Banks’ case was overturned.  Read the U.S….


Judge Watch: Court of Crim Appeals Says Not Unfair to Defendant Hood for Judge and DA to Have Affair During Trial

If you’re shaking your head in disbelief at this week’s ruling by the Texas Court of Criminal Appeals — well, join the crowd.   When the news first hit that a trial court judge and the district attorney who prosecuted cases in her courtroom had had a long-standing sexual relationship, lots of folk were stunned.  And lots…


Death Row: Rodney Reed Loses Appeal Despite Evidence that Cop Was Real Killer

Death Row inmate Rodney Reed, 41, brought an appeal of his case before the highest court in our state for criminal matters, the Texas Court of Criminal Appeals, arguing that there is new evidence in his case. And, this evidence points to the victim’s boyfriend – who was a cop at the time – as…


COURT OPINIONS: US Supreme Court Nixes Judges Accepting Big Campaign Donations Due to Appearance of Bias

The U.S. Supreme Court decision in Caperton v. Massey (read the opinion here) came down yesterday, and we’ll have to see how much it impacts Texas Judges — and how often they recuse themselves from cases. Texas Judges Run for Office: They Kiss Babies and Take Contributions In Texas, judges run for office. (The federal…