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Category: Constitutional Law | Police Misconduct
The militarization of law enforcement in the United States began in earnest in 1990 when Congress enacted Section 1208 of the National Defense Authorization A(“Act”) which authorized the nation’s Defense Department to transfer surplus military equipment (such as small arms…
Category: Constitutional Law | Criminal Justice Reform | Criminal Law
Earlier this year we posted an article about a Fifth Circuit Court of Appeals decision that upheld much of a federal district court ruling that dismantled the antiquated Harris County bail system. We made this observation in that post:
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Category: Constitutional Law | Illegal Pornography
For most cellphone owners, the pocket-size device has become their address book, photo album, personal journal, bank account, news source, calendar, social network, and a slew of other services. In a recent ruling, U.S. Supreme Court Chief Justice John Roberts…
Category: Constitutional Law
During his confirmation for, and swearing in as, an associate justice to the U.S. Supreme Court, Neil Gorsuch vowed to be a servant to the Constitution. That sworn allegiance does not apply to the Fourth Amendment of the Constitution. In…
Category: Constitutional Law | Corruption
In 1947, U.S. Supreme Court Justice Felix Frankfurter in a concurring opinion of United States v. United Mine Workers said: “If one man can be allowed to determine for himself for what is law, every man can. That means first…
Category: Constitutional Law | Drug Trafficking
The Sanctity of The Home Reinforced by Second Circuit
The U.S. Supreme Court has for nearly six decades has recognized the fundamental Fourth Amendment right of a person “to retreat into [their] home and there be free from unreasonable governmental…
Category: Capital Crimes | Constitutional Law
Death penalty trials, beyond a doubt, are the most difficult for a criminal defense attorney to try. These trials are conducted in two phases: the guilt phase and the punishment phase. Once guilt has been found by the jury during…
Category: Constitutional Law | Criminal Law
In a ruling issued on February 14, 2018, the Fifth Circuit Court of Appeals found there is reasonable evidence that the Harris County bail procedures are constitutionally deficient and that plaintiffs will likely succeed, but vacated the district court’s injunction…
Category: Constitutional Law | Federal Criminal Law
Former National Security Advisor Michael Flynn has pled guilty in a Washington, D.C. federal court to a single count of lying to the FBI. The guilty plea is part of a “plea agreement” reached with Special Counsel Robert Mueller who…
Category: Constitutional Law | Corruption
It is now obvious that the President of the United States is under criminal investigation, ranging from possible obstruction of justice to money laundering. President Trump has hired an extensive—some would say less than impressive—legal defense team. Thus far, Special…
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