Category Archives: Appeals
Prejudice Presumed in Appeal Waiver Case
A defendant seeking to establish that he received ineffective assistance of counsel during a criminal proceeding must demonstrate (1) that his attorney’s performance was…
Texas Loses the Sunshine in Its Open Meetings Law
Open meetings laws are often referred to as “sunshine laws.” These laws require that meetings, decisions and records, with some exceptions, of state and…
Texas Prevented from Executing Intellectually Disabled Man
The term “mental retardation” was formally changed to “intellectual disability” in the Federal Register on August 31, 2013. This formal terminology adjustment began in…
The Legacy of Johnny Holmes And the Railroad Killer
Known as the “Railroad Killer,” Angel Resendiz was no angel. During his forty-seven years on this earth, his Wikipedia entries say he killed as…
Two Faces of Death Penalty Injustice
Robert Jennings was 31 years old when he entered a Houston adult book store on July 20, 1988 with the intent to rob it.…
Exigent Circumstances in Warrantless DWI Blood Draw Cases
In the early morning hours on Christmas Eve, 2014, there was a horrific car accident in El Paso, Texas. According to news reports, local…
Out of Control DEA, Drug Task Forces Disregard the Law
Federal/state drug task forces were established in the United States in the early 1970s. The 1986 Anti-Drug Abuse Act institutionalized the DEA Task Force…
Three Texas Judges Fight for Condemned Man, Rule of Law
The capital murder case of Roberto Moreno Ramos is extraordinary—not because of the crime that sent him to his death on November 14, 2018…
Prosecutorial Overreach Leads to 20 Month Sentence for Shoplifter
In October 2013 Terri Regina Lang was shopping at an HEB store in Burnet County, Texas. She was observed by a store employee taking…
Foreign Corruption Prosecution Conviction Reversed by Fifth Circuit
The federal government’s case against Dr. Silvia Beatriz Perez-Ceballos collapsed completely on October 30, 2018 when the Fifth Circuit Court of Appeals reversed her…
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