Category Archives: Appeals

Unconstitutional Special Condition of Supervised Release Vacated

Sentencing the federal court is a mess. 1984 was a bad year for the federal criminal justice system. The U.S. Senate, by a vote…

Court Criminal Appeals Tosses Another Dog Sniff Case, Says Area Surrounding Front Door, Threshold is Part of Curtilage of Home

One thing should now be clear to Texas law enforcement, as well as to law enforcement officials across the country: the area immediately surrounding…

City Ban on Assault Weapons, Large Capacity Upheld, Next Challenge in the Works

According to FBI statistics, there were 11,961 murders committed in the U.S. in 2014. 8124 of the murders were committed using handguns.  262 people were…

Appellate Court Agrees Prosecutors “Overreached at Trial” of Analogue Act Violation, Conviction Reversed

Iobal Makkar and Gaurav Sehgal operated a small town convenience store in northeastern Oklahoma named “Gitter Done.” Big Mistake to Ask Law Enforcement for…

Use of Drug Dog within Foot of Home Violates Forth Amendment, Case Reversed

In 2013, the U.S. Supreme Court in Florida v. Jardines held that the police use of a drug-sniffing dog to investigate a home and its immediate…

Prosecutor’s Use of Perjured Testimony, Racist Rhetoric are Threat to Ordered Society

There are criminal cases in which the legal system fails.  That is precisely what happened to Paysun Long, who, after 14 years, has been ordered…

Ft. Bend District Attorney Argues Legal Loophole to Escape Grievance

On October 12, 2015, Denton County District Judge Jonathan Bailey issued a controversial ruling that effectively cleared Fort Bend County District Attorney John Healey…

Prosecutors Press for Executions Despite Questions of Innocence

The ghost of Glenn Ford will forever haunt former Louisiana prosecutor Marty Stroud. Failing to learn from Stroud’s sad example, prosecutors in Bowie County,…

Withdrawn Plea, Vacated Convictions Included in Ever Expanding Reach of Sex Offender Registration

SORNA, the Sex Offender Registration and Notification Act, became law in 2006. We recently posted a piece about how the Fifth and Eleventh Circuit Courts of…

Lorenzo Johnson Released after 16 Years, Then Sent back by Supreme Court

After 16 years in prison Lorenzo Johnson was released on bail after the Third Circuit Court of Appeals found the evidence upon which his conviction was…

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