Category Archives: Orwellian Threats to Rights
Prosecutorial Misconduct in Texas: Continuing Injustice
For criminal defense lawyers in Texas, the idea that prosecutors are human and sometimes do very bad things isn’t news. It’s something to be monitored during every case and almost every day you ask yourself the question: is the prosecutor trying to pull a fast one here? Real life isn’t like TV shows, albeit even…
Seal Broken by Judge Today and Now We Know How The Police Are Eavesdropping on Public With Stingray Devices
For a long while, criminal defense lawyers along with civil rights activists as well as citizens who have been arrested by law enforcement in Police Departments all over the country have known that police have been using new technology to eavesdrop on phone calls and text messages. That’s not news. It’s been a real big…
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…
Prosecutorial Misconduct Rules Issued by Texas Supreme Court: Where is Michael Morton’s Prosecutor, Ken Anderson, Now?
Prosecutors do bad things all the time here in Texas; if you doubt this, just read a few of the stories we’ve posted about regarding abusive and illegal actions by District Attorneys here in the Lone Star State. These state prosecutors do all sorts of illegal acts, from hiding evidence and introducing false evidence in…
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…
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…
New Texas Laws Targeting Prosecutorial Misconduct: The Michael Morton Act and new Tex Gov’t Code 81.072(b) Limitations – Do They Really Help Texas Citizens?
Yesterday, the Texas Legislature sent two bills over to Governor Rick Perry’s desk for his signature: the new Michael Morton Act (SB 1611) and an amendment to the Texas Government Code Section 81.072 (SB 825). It’s expected that Governor Perry will sign this bills into law, and soon we’ll all be under their sway. Here’s…
Texas Top Prosecutors In Trouble: Dallas DA Craig Watkins, Austin DA Rosemary Lehmberg, Corpus Christi ex DA Anna Jimenez, Williamson County ex DA Ken Anderson – How Big is Prosecutorial Misconduct Problem in Texas?
In the past couple of months, top prosecutors from Texas counties all over the Lone Star State (both presently serving as head prosecutor as well as former top D.A.s) have made the national news after being accused of doing assorted bad things while acting as head district attorney for their respective counties. What is the…
Report on Crime Lab Evidence Released: DPS Lab Tech Jonathan Salvador May Have Sent 1000s to Texas Prisons in Wrongful Convictions – and the CCA is Reversing The Convictions
Juries are known by criminal defense lawyers and prosecutors alike to consider forensic evidence as being irrefutable and some of the most respected evidence in a criminal trial. Juries like lab stuff: it’s known as the “CSI effect” by some roaming around the courthouse, and it has nothing to do with the realities of what…
