Category Archives: Constitutional Law

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…

Can A Sitting President Be Indicted?

With the recent guilty plea of former President Trump’s campaign manager Paul Manafort, and his agreement to cooperate with Special Counsel Robert Mueller’s investigation…

Militarized Police Versus the First Amendment, Peaceful Protest

The militarization of law enforcement in the United States began in earnest in 1990 when Congress enacted Section 1208 of the National Defense Authorization…

Harris County Bail Reform Effort Receives Temporary Setback

Earlier this year we posted an article about a Fifth Circuit Court of Appeals decision that upheld much of a federal district court ruling…

Girlfriend Not Agent For 4th Amendment Purposes

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…

Gorsuch Dissent in Cell Phone Case Portends Things to Come

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 Rule of Law Applies to All, Including the President

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…

The Sanctity of The Home Reinforced by Second Circuit

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…

Counsel Cannot Concede Guilt Over Client’s Objection

Death penalty trials, beyond a doubt, are the most difficult for a criminal defense attorney to try. These trials are conducted in two phases:…

Harris County Bail Procedures Held Unconstitutional

In a ruling issued on February 14, 2018, the Fifth Circuit Court of Appeals found there is reasonable evidence that the Harris County bail…

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