Category Archives: Evidence

Why Brendan Dassey Can’t Get Out of Jail Even Though Federal Judge Overturned His Conviction

Federal Criminal Appeals: Lessons from Netflix’s “Making a Murderer” Brendan Dassey Case How can a judge overturn a conviction as being wrongful and unjust, and the defendant still remain behind bars? That’s what is happening in the Brendan Dassey case — and it’s a great lesson to all of us on how the criminal justice…


Social Media Arrests: Criminal Charges Based On Content Itself – No Warrant Necessary

Law Enforcement Monitors Facebook, Twitter, YouTube, and Other Social Media for Investigation – and Now as Basis for Arrest Twitter, Facebook, YouTube, Snapchat, Google+, Pinterest, LinkedIn, Periscope, Instagram: what’s your social media preference? Odds are very high that you use some form of social media, no matter what your age, what kind of work you…


Federal Prosecutor Powers: Is the FBI Recording Your Conversation Down at the Courthouse?

There are more criminal cases filed in state courts here in Dallas and North Texas than in the federal system, and there are a number of reasons for this. However, the power of the federal system and the impact of federal practices and federal court cases upon state and local criminal systems cannot be underestimated….


Prosecutorial Misconduct: How Bad Is It? Dallas Chief Investigator Pleads Guilty to Taking Bribe

Prosecutors are the attorneys who earn their salary by working for the government in enforcing criminal laws in the criminal justice system. They are supposed to be interested in justice, not personal career wins or financial gain. That’s not the reality today — prosecutorial misconduct is a catch phrase that is trending. We’ve written about…


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…


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,…


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…


Bite Mark Evidence Isn’t Reliable But It’s Still Used Against Defendants in Texas

Lots of criminal defense attorneys have their fingers crossed here in Texas, hoping that sooner rather than later everyone is going to acknowledge and understand that bite mark evidence isn’t worthy of respect much less use in a criminal case where someone’s freedom is in jeopardy. For many years, defense lawyers have recognized that evidence…


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…


FBI Scandal: Forensic FBI Experts Give False and Flawed DNA Evidence To Get Convictions

This is very bad and it’s going to get worse. Yesterday, the Federal Bureau of Investigation and the U.S. Department of Justice finally came forward and admitted that the FBI forensic evidence provided in countless criminal trials over the past two decades has in almost every single case been flawed and unreliable if not downright…