In Texas, a criminal conviction occurs once a jury delivers its verdict of guilty to the trial judge or a defendant elects to plead guilty, and the judge accepts the plea.
There is a significant difference between these two types…
2023
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In Texas, a criminal conviction occurs once a jury delivers its verdict of guilty to the trial judge or a defendant elects to plead guilty, and the judge accepts the plea.
There is a significant difference between these two types…
Category: Criminal Justice Reform | Criminal Law | Police Misconduct
Bad prosecutors are not a new phenomenon. They have existed since the Founders envisioned an adversarial judicial process when forming the United States of America. For more than 230 years, bad prosecutors have displayed a propensity to lie, embellish, suppress…
Category: Criminal Law | Mental Health
Mental health plays a crucial role in criminal defense cases in Texas. A defendant’s mental health can affect their ability to understand the charges against them, to assist in their defense, and to make informed decisions about their case.
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Category: Criminal Law | Insanity Plea
The insanity defense is a legal strategy used in criminal cases by defendants who claim they were not legally responsible for their actions due to mental illness or defect.
In Texas, the insanity defense is a complex legal concept…
Category: Criminal Law | Jury Selection
The role of a juror in any criminal case, and especially in a case where the penalty is death or life without parole is in play, has a solemn, uncompromising duty to impartially examine all the evidence presented by the…
Category: Cel Phone Trafficking | Criminal Law
Cellular Location Site Information (CLSI) allows law enforcement, through the global positioning system (GPS) and phone company records, to track the location of a cellphone anywhere in society or even in one’s own home.
CLSI played a major role in…
First District District Attorney Mary Carmack-Altwies publicly disclosed on January 19, 2023, that famed movie and television actor Alex Baldwin and Hannah Gutierrez-Reed will each be charged with two counts of involuntary manslaughter in connection with the October 21, 2021,…
Category: Criminal Law | Homicide/Murder | Junk Science
The U.S. Supreme Court in June 1992 established the “Daubert Rule” in its landmark decision Daubert v. Merrell Dow Pharmaceuticals. The Rule created the evidentiary premise that scientific testimony, including the testimony of “medical experts,” is admissible so long as…
Crime occurs all year in Texas, especially over the holidays. There are many reasons for this, from celebrating a little too much to being with family with whom you may not get along.
No matter the reason, what all…
Category: Appeals | Constitutional Law | Criminal Law
The legal question before the Texas Court of Criminal Appeals (“CCA”) in a November 2, 2022 decision, State v. Hardin, was straightforward and constitutionally significant:
“Does a driver commit a traffic offense if the car’s right-rear tire briefly but safely…