by John Floyd | Jun 6, 2025 | Appeals, Criminal Law
Does the passenger of a vehicle stopped for a traffic violation have standing to challenge the search of the vehicle following an allegedly unreasonably prolonged detention? Yes. In a May 28, 2025, decision, State v. Pettit, the Texas Court of Criminal Appeals...
by John Floyd | Jun 1, 2025 | Appeals, Murder
A jury charge in Texas serves a specific purpose: to instruct the jury on the law applicable to the case being tried. Article 36.14 of the Texas Code of Criminal Procedure outlines the procedure and requirements for a proper jury charge. It is a critical stage in the...
by John Floyd | Dec 13, 2024 | Appeals, Criminal Law, Discovery 39.14, Prosecutorial Misconduct
Discovery in criminal cases in Texas has a tortured history. The State’s discovery statute, Article 39.14 of the Texas Code of Criminal Procedure, was enacted in 1965. As the Texas Court of Criminal Appeals (CCA) has often noted, the statute did not confer upon...
by John Floyd | Dec 7, 2024 | Appeals, Criminal Law, Prosecutorial Misconduct
Last month, we posted a piece about a landmark decision, Heath v. State, in which the Texas Court of Criminal Appeals held that a prosecutor has an affirmative duty to determine if law enforcement has evidence in its possession and if it does, secure that evidence...
by John Floyd | Dec 7, 2024 | Appeals, Criminal Justice Reform, Police Misconduct
In the wake of the infamous 2019 Harding Street “no-knock” raid by the Houston Police Department that left a couple and their pet dog dead and the murderous 2020 “no-knock” raid by the Louisville Metro Police that left Breonna Taylor dead and her boyfriend wounded,...
by John Floyd | Nov 15, 2024 | Appeals, Criminal Law
Dwayne Robert Heath was arrested in 2017 in Waco, Texas, for the charge of injury to a child. He was indicted on February 15, 2017, and appointed a local attorney named Alan Bennett. On March 13, 2017, Bennett sent an email request to the prosecutor in charge of the...
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