Category Archives: Appeals
Passeger of Vehicle Has Standing to Challenge Unreasonably Prolonged Traffic Stop
Does the passenger of a vehicle stopped for a traffic violation have standing to challenge the search of the vehicle following an allegedly unreasonably…
Flawed Jury Charge Leads to Reversal of Murder Conviction
A jury charge in Texas serves a specific purpose: to instruct the jury on the law applicable to the case being tried. Article 36.14…
Defense Discovery of Evidence in Criminal Cases In Texas
Discovery in criminal cases in Texas has a tortured history. The State's discovery statute, Article 39.14 of the Texas Code of Criminal Procedure, was…
Michael Morton, Art. 39.14, and Brady v. Maryland: An Affirmative Duty To Disclose As Soon As Practicable
Last month, we posted a piece about a landmark decision, Heath v. State, in which the Texas Court of Criminal Appeals held that a…
No-Knock Warrants: A Travesty Against The Fourth Amendment
In the wake of the infamous 2019 Harding Street “no-knock” raid by the Houston Police Department that left a couple and their pet dog…
Landmark Discovery Decision in Texas
Dwayne Robert Heath was arrested in 2017 in Waco, Texas, for the charge of injury to a child. He was indicted on February 15,…
The Gerald Goines Fallout Continues
In January 2019, the Houston Police Department (HPD) staged a militarized raid on the residence of Dennis Tuttle and Rhogena Nicholas. The raid, which…
Ineffective Assisitance of Counsel Leads to New Trial
The Sixth Amendment guarantees a person accused of a crime the right to obtain counsel of their choice or to court-appointed counsel if they…
Choosing the Right Houston Appeals Attorney
The appellate process is complex and challenging, requiring a thorough understanding of the law and crafting strategic legal arguments. When facing the prospect of…
Mitigating & Aggravating Factors in Houston Criminal Appeals
The world of criminal appeals in Houston is a complex and challenging arena. A successful appeal can mean the difference between freedom and incarceration.…
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