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Category: Appeals | Capital Crimes | Prosecutorial Misconduct
It was a good decision, that is, for Michael Wearry. The U.S. Supreme Court on March 7, 2016 reversed the Louisiana death row inmate’s conviction.
The high court found that prosecutors had engaged in misconduct in their handling of…
Category: Drug Crime | Federal Criminal Law | Guns
In 2014, the U.S. Supreme Court in Riley v. California held that the police, acting without a warrant, generally may not examine digital information stored on a cell phone seized during an arrest.
When a defendant is released on…
The U.S. Justice Department prosecutes computer crimes, more commonly known as cybercrime, under three different sections of federal law.
First, there is the Computer Fraud and Abuse Act of 1986 (CFAA), codified in 18 U.S.C. Sec. 1030, covers nine…
Category: Appeals
Texas appellate courts have been historically consistent in the view that a pretrial writ of habeas corpus, followed by an interlocutory appeal, is an extraordinary remedy that should be extended only in the rarest of circumstances. The rule has been…
Category: Drug Crime | Methamphetamines
The U.S. Drug Enforcement Administration recently released their 2015 National Drug Threat Assessment, and it confirms that the seizure of cocaine is dropping while the seizure of methamphetamine is increasing. Methamphetamine production and smuggling has increased because Mexican drug…
The difference between federal and state crimes is oftentimes complicated. The charging, and prosecution, mechanisms in both legal jurisdictions are similar in some respects but starkly different in others.
For example, the U.S. Justice Department, through binding policy statements,…
Category: Appeals | Criminal Law | Sex Crimes
In September 1994, four San Antonio women—Elizabeth Ramirez, Cassandra Rivera, Anna Vasquez, and Kristie Mayhugh—were arrested and charged with sexually assaulting two nieces, ages 9 and 7, of Ramirez. All admitted lesbians, the four women soon found themselves the focus…
Category: Criminal Law | Guns
Qualified immunity is generally the first defense invoked by a police officer when faced with a lawsuit alleging that he or she intentionally violated the constitutional rights of an individual. The modern standard for this defense was formulated by the…
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