Category Archives: Criminal Law
Convictions of Police Officers Indicted for Fatal Shootings Rare
Some of the facts in the fatal shooting of Anthony Lamar Smith in December 2011 by former St. Louis police officer Jason Stockley are…
The Doctrine of Abatement Ab Initio Expanded
Moments before he took his own life in a Massachusetts prison this past April, former NFL star Aaron Hernandez was a convicted murderer. The…
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…
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…
What Trump’s Picks for Federal Courts Mean For Criminal Defense
President Trump’s abrupt firing of former FBI Director James Comey, and its related political fallout, has dominated the news cycle over the last week…
Justice for Todd Willingham Haunts Unethical Prosecutor
The wheels of justice turn inexorably slow, but they do turn. The day of justice reckoning has arrived for John Jackson, a former district…
Harris County’s Unconstitutional Bail System Dealt a Critical Blow
According to the Bureau of Justice Statistics, more than half of the jail population in the U.S. has never been convicted of a crime.…
Court Creates New Rules for Mistrials at Punishment Phase
Legal scholars and sources, such as Black’s Law Dictionary, provide two definitions of a mistrial: first, a trial is brought to an end by…
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.…
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…
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