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Criminal Law Blog

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…


Staged Car Crashes: Dallas Grand Jury Indicts Duncanville Man for Multi-Million Dollar Insurance Fraud Scheme

The Florida legislature has passed special legislation to deal with staged car crashes but faking auto accidents to collect on insurance claims hasn’t been as common a basis for arrests here in Texas — but things may be changing. Investigators Targeting Arrests for Staged Car Crashes to Collect Insurance Money More and more often, all…


Will U.S. Supreme Court Protect Citizens Once Again Against Overzealous Law Enforcement in Salinas v Texas? Dallas Prosecutors May No Longer Be Able to Argue Silence Means Guilt

A week ago today, the United States Supreme Court heard oral arguments in a Texas case called Salinas v. Texas, grading the papers of the highest criminal court in the Lone Star State, the Texas Court of Criminal Appeals.  It’s another major federal case that will impact Texas criminal defense cases and people arrested and…


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…


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…


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…


Dallas Cowboys Josh Brent Intoxication Manslaughter Trial Date Set for September 2013 as DWI Manslaughter Plea Bargain Remains a Possibility

Whether or not a deal will be negotiated remains to be seen, but right now Dallas Cowboys’ Josh Brent is scheduled for a September 23, 2013, criminal trial on charges of intoxication manslaughter. The Dallas Cowboys have confirmed that with these pending criminal proceedings, defensive tackle Josh Brent will not be playing pro football this…


Texas Legislature Considers New Marijuana Law That Would Make Punishment for Marijuana Possession of One Ounce or Less a $500 Fine With No Jail Time

The Texas Legislature is in session right now and one thing that is being considered by the lawmakers this year is a new law proposed by Representative Harold V. Dutton, Jr., an attorney from Houston, that would change longstanding marijuana laws here in Texas. The bill, HR 184, was considered in a public hearing before…


Dallas County Sexual Assault Case No Billed

2nd Degree Felony Sexual Assault Case No Billed by the Dallas County Grand Jury