Category Archives: Orwellian Threats to Rights
On television, the police cannot come into your home without (1) a warrant or (2) your approval and consent — unless they’ve got a really, really good reason (like they can see someone on the living room floor unconscious by looking through the no-curtained window). Perhaps you learned in class while in high school or…Share This
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…Share This
Texas Criminal Defense Lawyers Do Not Trust Prosecutor’s Crime Lab Forensic Evidence, When Will Public Become Aware that Crime Lab Results Aren’t Like TV Forensics?
Forensic evidence seems so darn scientific and reliable when you watch TV. Unfortunately, things are NOT the same in the real world as they are on television shows and we’ve been monitoring how bad Texas Crime Labs can be in processing evidence to be used in criminal trials for a long while now. (See, for…Share This
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…Share This
Police and Your Phone: The Justice Department Pushes Supreme Court To Okay Police Searching Your Phone Without a Search Warrant. Will Your Smartphone Be Private Anymore?
We’ve posted about police in Texas circumventing search warrants to get cell phone tower information by getting special court orders from Texas judges and how many are concerned that this is a constitutional violation of our rights to privacy. (The Fifth Circuit Court of Appeals, which presides over Texas in federal appellate matters, has ruled…Share This
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…Share This
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…Share This
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…Share This
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…Share This
Cell Phone Information: Police Investigators Can Grab Tons of Personal Information Off Smart Phones Without a Warrant
The mysterious shooting deaths of two Kaufman County prosecutors, as well as one of their wives, is taking up lots of media coverage as well as lots of chatter around Dallas area courthouse hallways. The investigation into these deaths is ongoing, and there’s no clear answer as to what has happened here. You’ve probably heard…Share This