Category Archives: Appeals

Federal Judge Starts Trial Without Defense Counsel, No Error

The Sixth Amendment to the U.S. Constitution guarantees a criminal defendant the right to counsel at every critical stage of the proceedings against him…

The Right to Fair Trial Isn’t Perfect

The Sixth Amendment to the United States Constitution provides a criminal defendant with seven rights, three of which concern the right to a trial—right…

Wrongful Conviction Civil Rights Case to Proceed

There are several indisputable core facts about the case of Susan Mellen. First, the burned body of Rick Daly was found near a dumpster…

Juror Misconduct is a Hard Ship to Navigate

Raymond Baker was convicted in December 2015 in U.S. district court in the Northern District of New York for conspiracy to distribute drugs. Several…

Putting the Law Before Health; Medical Marijuana and Supervised Release

Ten years ago John Edward Schostag pled guilty in a U.S. District Court in St. Paul, Minnesota to being a felon in possession of…

“Known Drug Activity” and Furtive Movements: Not Quite Enough for Probable Cause

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…

Which Is More Important In The Word Guilty: The “I” Or “T”?

Jamie Hallmark entered into a plea agreement in Houston County. The written agreement stated that when she showed up for sentencing, she would receive…

Destruction of Evidence Creates Problems for Harris County Justice System

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…

Courts Feud Over Constitutional, Harmless Error

There appears to be an increasing judicial feud underway between the Texas Court of Criminal Appeals (TCCA) and the lower appellate courts throughout the…

The “Hound Dog Handler” Comes Full Circle to Face Justice

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…

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