Search Results for: morton

Relevant Conduct in the Federal Sentencing Guidelines: Acquittals and Uncharged Conduct

 Are federal judges limited to considering only final convictions in sentencing? Yes. After Nelson, arguably they must ignore facts of past acquittals, dismissals, or uncharged crimes. Federal criminal laws are violated all over the country.  There can be money laundering and drug trafficking in Alaska or Hawaii just as well as North Texas or South…


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…


Prosecutorial Misconduct by Waco District Attorney Alleged by His First Assistant

First things first, remember the big shooting down in Waco last year, where hundreds of arrests were made in the big “biker shootout” at the Twin Peaks restaurant?  We’ve discussed it before, read “Waco Justice? 100 Days After Twin Peaks Biker Arrests, Things Look Fishy to Criminal Defense .” Nov 10th Mistrial in Twin Peaks…


Prosecutor Withholding Evidence from Defense in Federal Criminal Case

In a criminal case, someone’s freedom — or even their life — is on the line.  Legally, this places special duties upon the prosecution to be fair with the defendant.  All sorts of laws exist to protect against abuse by the state: things like the Speedy Trial Act, for instance. Prosecutorial Duty to Turn Over…


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…


Prosecutorial Misconduct in Texas Alert: Ethical Rules Held to Have Broader Duty Than Brady to Turn Over Exculpatory Evidence to the Defense

Back in November 2014, a State Bar of Texas Grievance Committee ruled that a Denton County assistant district attorney named William (”Bill”) Schultz had violated the ethical rules that all Texas attorneys are sworn to uphold.  Not only that, but more: he had committed a serious ethics violation and his unethical conduct deserved suspension from…


District Attorneys Keep Doing Bad Things: More Texas Prosecutorial Misconduct Stories

The problem of prosecutors doing bad things like hiding evidence and introducing unreliable (or false) testimony isn’t getting better.  Recently, the Daily Beast published an expose on prosecutorial misconduct in the United States, labeling the problem a national epidemic. You can read their take on things in the article written by Jay Michaelson and published…


Police That Lie: More on the Secret Texas District Attorney Lists of Police Officers Not Trustworthy to Take the Witness Stand

Prosecutors have lists of the names of police officers and deputy sheriffs that they don’t trust to take the witness stand — did you know these lists existed?  Do you think that every police officer is honest and trustworthy to tell the truth, the whole truth, and nothing but the truth on the stand? Brady…


Police Who Lie On the Witness Stand: Did You Know Prosecutors Keep Lists of Their Names?

It wasn’t until 1963 that the U.S. Supreme Court forced prosecutors to do the right thing and share all the facts about a case with defense lawyers before they tried someone for a serious crime and tried to get a conviction. In the case of Brady v. Maryland, John Brady had been convicted of murder…


Prosecutorial Misconduct Still a Big, Big Problem: District Attorneys Do Bad Things

We monitor cases of prosecutorial misconduct here in Texas and elsewhere, and in the past we’ve reported on things like:  Trusting Prosecutors With Forensic Lab Evidence? Consider Harris County District Attorney: Notices Sent of 100s of Wrongful Convictions Prosecutorial Misconduct in Texas: Continuing Injustice Prosecutorial Misconduct Rules Issued by Texas Supreme Court: Where is Michael…