Most people would assume that the rule of law is drawn by the rules of logic and fairness. That assumption is both logical and fair, but the rule of law—with its most fundamental purpose being to protect society and ensure…
2017
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Most people would assume that the rule of law is drawn by the rules of logic and fairness. That assumption is both logical and fair, but the rule of law—with its most fundamental purpose being to protect society and ensure…
Category: Prosecutorial Misconduct
In 2013, the Texas Legislature enacted the Michael Morton Act. The Act, which became effective January 1, 2014, requires Texas prosecutors to open their files, provide copies of certain information for defense discovery and to keep records of all the…
The crude joke goes something like this: the difference between a drunkard and an alcoholic is that the drunk does not have to attend meetings.
In a May 30, 2017 decision, Ledezma-Cosino v. Sessions, an en banc panel of…
Category: Appeals | Criminal Justice Reform
Police Force: When Does Reasonable Become Unreasonable
Nearly three decades ago the U.S. Supreme Court, in Graham v. Conner, held that the police may use reasonable force when making an arrest. The Court said, “The ‘reasonableness’ of a particular…
Category: Appeals | Constitutional Law | Drug Crime
It was an issue of first impression for the Texas Court of Criminal Appeals (TCCA): whether a college dorm room is an exception to the guarantee of the Fourth Amendment against unreasonable searches and seizures.
This issue was resolved…
Category: Criminal Law | Federal Criminal Law
Moments before he took his own life in a Massachusetts prison this past April, former NFL star Aaron Hernandez was a convicted murderer. The moment life passed from his body in that maximum security cell, he became an innocent man.…
Category: Appeals | Criminal Law | Murder
Texas has more than its share of bad drivers. One of its cities, San Antonio, ranks in the top ten among the nation’s most dangerous drivers.
In 2016, there were 3,773 traffic fatalities in Texas, according to the Texas…
Category: Federal Criminal Law | Violent Crime
Certain crimes, such as murder, rape, robbery, and assault, are generally associated with the often used term “crime of violence.”
What exactly defines “violence” under the law?
Just as importantly, what elevates violent crimes from state…
Most political scandals are like a flash in the pan. They explode into the public consciousness for a brief period, dominating water cooler conversations and, sometimes, the 24-hour news cycle. A few days or weeks pass, and they fade…
Category: Appeals | federal Sentencing
A federal district court judge enjoys broad discretion in determining the criminal sentence to be imposed following conviction. This judicial discretion, however, is limited by the requirement that a judge consider the sentencing factors spelled out in 18 U.S.C. §…