Category Archives: Appeals
Reasonable Expectation of Privacy Protected by Court
For the past 56 years, federal courts have recognized, in the wake of U.S. Supreme Court precedent , that the Fourth Amendment’s prohibition against…
Traffic Stop for Safely Crossing Dividing Lane Ruled Unlawful
The legal question before the Texas Court of Criminal Appeals (“CCA”) in a November 2, 2022 decision, State v. Hardin, was straightforward and constitutionally…
SCOTUS Orders Texas Court of Criminal Appeals to Revisit Flawed DNA Case
This past November, we posted a blog about the death penalty conviction of Ariel Escobar, who was sitting on Texas’ death row at the…
When a Trial Fails to Preserve Rights of Accused
What happens when the judge, the prosecutor, and defense counsel fail in their respective duties to preserve a criminal defendant’s right to a fair…
Texas, Harris County Lead Country in Exonerations and Wrongful Convictions
As of July 21, 2022, the National Registry of exonerations reports that there have been 3,184 exonerations in criminal cases since 1989. These numbers…
U.S. Supreme Court Limits Ability to Claim Ineffective Assistance in Post-Conviction Proceedings
The Sixth Amendment to the U.S. Constitution guarantees a criminal defendant the right to effective assistance of counsel at both the trial and appellate…
Can You Appeal a Federal Court Ruling?
While all courts strive for finality in criminal cases, there are constitutionally protected appeals rights in these cases at both the federal and state…
Prosecutors Dodge Double Jeopardy, Collateral Estoppel
In the late afternoon hours of August 1, 2015, Christopher Rion was driving his Dodge Challenger in Dallas, Texas, when he collided with a…
Watkins v. State: Disclosure in Criminal Discovery is Now the Rule in Texas, Non-Disclosure the Exception
Pretrial discovery in criminal cases in Texas is governed by Article 39.14 of the Texas Code of Criminal Procedure. The Texas Legislature enacted the…
What Happens After Losing a TX Criminal Court Case?
An individual convicted of a criminal offense in Texas has a right to appeal that conviction. It can, however, be a complicated process that…
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