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Category: Appeals | Sex Crimes
The Adam Walsh Child Protection and Safety Act of 2006 (“Act”) permits the federal government to civilly commit any child sex offender deemed “dangerous” after they have completed service of their criminal sentence.
To accomplish civil commitment under the…
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: 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: 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: 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. §…
Category: Appeals | Criminal Law | Federal Criminal Law | Prosecutorial Misconduct
The landmark decision Brady v. Maryland was handed down by the U.S. Supreme Court in 1963. The decision held that, under the Fifth and Fourteenth amendments, a prosecutor has a duty to disclose favorable evidence to defendants upon request, if…
Category: Appeals | Criminal Law
Fines and restitution may be imposed following a criminal conviction in conjunction with the sentence imposed.
Fines are commonly imposed in all criminal cases. The amount that may be imposed is generally determined by statute or at the discretion…
Category: Appeals | Cyber Crimes | Drug Trafficking | Murder
On April 12, 2017, the Texas Court of Criminal Appeals ruled that Article I, Section 9 of the Texas Constitution does not provide broader privacy rights than the Fourth Amendment to the U.S. Constitution.
The case involves G. Jerard…
Category: Appeals | Criminal Law
In most states, people convicted of crimes pay fines, restitution, court costs and other fees. Most states will refund this money should the criminal conviction be reversed. Colorado does not.
Under Colorado law, a formerly convicted person can get…
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