Category Archives: Orwellian Threats to Rights

Latest Forfeiture Ruling by SCOTUS: What Does It Mean for Texas Criminal Defense?

Timbs v. Indiana is the first step in ending state-wide forfeiture abuse In an opinion written by Justice Ginsburg with two concurrences filed by Justice Gorsuch and Justice Thomas, the Supreme Court of the United States (SCOTUS) vacated and remanded the judgment of the Indiana Supreme Court in Timbs v. Indiana on February 20, 2019….


Will Forfeiture Actions be Held Unconstitutional? SCOTUS Hears Oral Arguments in Timbs v. Indiana

On November 28, 2018, oral argument was heard in Tyson Tibbs v. Indiana, Cause No. 17-1091 before the Supreme Court of the United States. At the SCOTUS site, you can read the full transcript of this oral argument in Tibbs, or download it in various formats (MP3, etc.). This is a forfeiture case.  It is…


Prosecutorial Misconduct in Twin Peaks: Waco DA Dismisses and AG Refuses to Prosecute

Two weeks ago, Waco Top Prosecutor Abel Reyna recused himself from the prosecution of two cases in the Twin Peaks shootout and successfully moved for dismissal of all charges against another 13 defendants. This happened on the same morning that there was a hearing scheduled on the corruption allegations filed against Reyna in his role…


Texas Judges Gone Bad: Arrested and Charged for Felonies

Here in Texas, judges preside over all sorts of courts:  municipal courts, county courts, district courts in both the state and federal jurisdictions.  Courts where criminal charges are heard and defended. Judges make all kinds of rulings on law in these criminal cases, like whether or not a search was illegal or if evidence can…


What is a Protective Sweep?

More on Police Entering and Searching Your Home without a Warrant Police officers cannot enter your home willy-nilly.  They have to get a judge’s okay that there is “probable cause” to come inside your place, documented in a “search warrant” signed by that judge which they show you when they come inside.  We’ve discussed various…


Outrageous Prosecutorial Misconduct: Cliven Bundy Case Dismissal – Lessons for Every American

A federal judge has dismissed with prejudice the charges brought against Cliven Bundy and it’s a big deal.  It’s always a big deal for a judge to dismiss a case “with prejudice,” because that means the case is over.  There’s no option for the government to re-file their criminal lawsuit.  It’s over. Dismissed with Prejudice…


Police Officer Arrest of Utah Nurse Alex Wubbels: Lessons for All of Us

First you have to watch the video of what happened in a Utah emergency room on July 26, 2017.  The video shows what happens after Salt Lake City Detective Jeff Payne demands a blood sample from patient William Gray. Blood Sample Not From Suspect Seems Mr. Gray was being given medical treatment at the hospital…


Do Police Need Search Warrants to Access Digital Information?  The Importance of Carpenter v. United States

Anyone in Texas that has a cellphone needs to know about a case that is before the Supreme Court of the United States (SCOTUS) right now.  The case is filed as Case No. 16-402 and styled Carpenter v. United States.  You can follow it here on the SCOTUS online docket. Why This SCOTUS Case is…


5 Things to Know About Money Laundering in Texas

Major money laundering arrests make the news here in North Texas all the time, and it’s a crime that seems to be a favorite plot device in movies and TV shows. But what exactly is money laundering – and more to the point, if you think that you are being investigated for money laundering, then…


Arrested After Police Field Drug Test?  Fight Back: These Things Are Notoriously Wrong

Here’s what happens.   You’re driving along, minding your own business, when you see those flashing lights in your rearview mirror and pull over.  The police officer saunters up to your window.  You ask what’s going on: why did he stop you? Next thing you know, he’s checking out stuff in your car and he’s using…