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Category: Appeals | Criminal Law | Drug Crime
In May 2013, Marguita Wills lived Charleston, West Virginia. She had a male companion named Kenneth Rush living with her in her apartment. He had been there for two nights.
For some reason, Wills came to suspect that Rush…
Category: Appeals | Federal Criminal Law | White Collar Crime
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 of 83 to 3, and House of Representatives, by a vote 316 to 91, enacted…
Category: Appeals | Drug Crime
One thing should now be clear to Texas law enforcement, as well as to law enforcement officials across the country: the area immediately surrounding the front door of a home is part of the residence, curtilage, requiring a search warrant…
Category: Appeals | Federal Criminal Law | Guns
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 killed with shotguns. 248 murders were committed with rifles, including “military style assault rifles” (AR-15s…
Category: Appeals | Drug Crime | Drug Manufacturing | Drug Trafficking | Federal Criminal Law
Iobal Makkar and Gaurav Sehgal operated a small town convenience store in northeastern Oklahoma named “Gitter Done.”
Big Mistake to Ask Law Enforcement for Help
Questions arose about a particular incense the two men carried on the…
Category: Appeals | Drug Crime | Drug Trafficking | Federal Criminal Law
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 surroundings is a “search” under the Fourth Amendment, requiring a search warrant.
…
Category: Appeals | Federal Criminal Law | Prosecutorial Misconduct
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 released from prison after a federal court of appeals reversed his murder conviction.
Mr.…
Category: Appeals | Drug Crime | Prosecutorial Misconduct
On October 12, 2015, Denton County District Judge Jonathan Bailey issued a controversial ruling that effectively cleared Fort Bend County District Attorney John Healey of “professional misconduct” for failing to disclose evidence that called into question the validity of the…
Category: Appeals | Capital Crimes | Murder | Prosecutorial Misconduct
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, Texas, relentlessly press to execute a potentially innocent man, despite evidence that his conviction is tainted…
Category: Appeals | Federal Criminal Law | Sex Crimes
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 Appeals have expanded the definition of what constitutes a sex offense under the law.…
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