Category Archives: Appeals
Should State Refund Fines, Fees to a Wrongfully Convicted Person?
In most states, people convicted of crimes pay fines, restitution, court costs and other fees. Most states will refund this money should the criminal…
How Does the Appeals Process Differ in Federal and State Cases?
A criminal charge will be brought in either state or federal court, depending upon the nature of the offense. Federal courts handle cases that…
Defense Attorneys be Warned: Dot Your I’s and Cross your T’s… the Texas Court of Criminal Appeals Favors Prosecutors
The law is as much about procedure as it is about substance. Even the most seasoned criminal defense attorney can default on a critical…
Introduction of Race into Death Penalty Case Causes Reversal
Defending a capital murder case is both difficult and stressful. Attorney/client communications, pretrial investigation and preparation, and presenting a plausible defense to the jury…
Court Tosses Drug Conviction After Finding Illegal Detention After Traffic Stop
Vehicle traffic stops that lead to drug seizures pose a continuing problem for the courts to deal with. This is especially so in speeding…
Denied Appeal Illustrates Important Point: Appeals Need Merit
Guilty pleas are intended to be final. Before a federal district judge will accept a guilty plea, he must inform the defendant he or…
Federal Prosecutors Breach Plea Agreement, Appellate Court Vacates Sentence
A federal plea agreement is a binding contract between the U.S. Government and a criminal defendant. It is sometimes proffered but more often than…
Denying Justice by Limiting Definition of “Conviction”
The laws that apply to guilt do not always apply to punishment—at least that is the position of the Texas Court of Criminal Appeals…
Civil Commitment of Sex Offenders
Twenty states and the federal government have laws that permit the civil commitment of sex offenders—most notably child molesters—who have been declared by the…
Judge Disqualified from Cases When Previously Participated as Counsel for State
There are times when courts of appeals entertain certain issues of the law because the trial court failed to take reasonable steps to safe…
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