CALL TO SCHEDULE A CONFIDENTIAL CONSULTATION
Category: Appeals | Drug Crime
Diddy’s Sports Bar in Houston has what the Texas Court of Criminal Appeals (TCCA) described as “a well-documented history of narcotics sales.”
But does that mean a patron who enters the bar, stays a few minutes before leaving is…
Category: Appeals | Criminal Law
Jamie Hallmark entered into a plea agreement in Houston County. The written agreement stated that when she showed up for sentencing, she would receive a three-year sentence unless she failed to show, at which time she would be sentenced within…
Category: Appeals | Criminal Law
Harris County’s Precinct 4 is the largest Constable’s office in the United States with nearly 500 sworn deputies funded by a $52 million annual budget. Mark Herman, a three decade veteran with the Precinct 4 office, was appointed constable by…
Category: Appeals | Criminal Law
There appears to be an increasing judicial feud underway between the Texas Court of Criminal Appeals (TCCA) and the lower appellate courts throughout the state. The lower appeal courts are finding constitutional errors in criminal trials, attaching harm to them,…
Category: Appeals | Criminal Justice Reform
In the heyday of his career as an “expert” for unscrupulous prosecutors around the state, Keith Pickett enjoyed a star witness status—the Hound Dog Handler, as he was called, sent many people to prison, some of whom were innocent, for…
The Texas Penal Code § 49.04 prohibits the driving of a motor vehicle while intoxicated. Section 49.01(2)(A) defines intoxication as “not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance,…
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…
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