Category Archives: Appeals
DWI Jury Charge Must be Tailored to Facts Presented at Trial
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…
Fourth Circuit Issues Significant Adam Walsh, Civil Commitment Ruling
The Adam Walsh Child Protection and Safety Act of 2006 (“Act”) permits the federal government to civilly commit any child sex offender deemed “dangerous”…
The Law: Logic and Fairness Too Often Ignored
Most people would assume that the rule of law is drawn by the rules of logic and fairness. That assumption is both logical and…
Officer Who Pepper Sprayed Arguing Suspect Faces Lawsuit
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…
College Dorm Rooms Enjoy Fourth Amendment Protection
It was an issue of first impression for the Texas Court of Criminal Appeals (TCCA): whether a college dorm room is an exception to…
Bad Driving Is Not Criminally Negligent
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…
Judge’s Sentencing Discretion Held in Check
A federal district court judge enjoys broad discretion in determining the criminal sentence to be imposed following conviction. This judicial discretion, however, is limited…
What Is a Brady Violation?
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…
U.S. Supreme Court Says Due Process Requires Refund of Monetary Penalties for Invalidated Convictions
Fines and restitution may be imposed following a criminal conviction in conjunction with the sentence imposed. Fines are commonly imposed in all criminal cases.…
Texas Court Finds No Expectation of Privacy in Cell Phone Records, Location Data
On April 12, 2017, the Texas Court of Criminal Appeals ruled that Article I, Section 9 of the Texas Constitution does not provide broader…
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