Category Archives: Appeals
Texas Supreme Court Blesses Prosecutorial Misconduct
Firing an employee in retaliation for refusing to perform an unlawful act violates both federal (Title VII of the Civil Rights Act of 1964)…
Memory Loss Does Not Preclude Execution
Mental Health America estimates that 5 to 10 percent of the nation’s 2700 death row inmates suffer from some form mental illness. In August…
Deadly Weapon Finding in DWI Reversed
Section 1.07(a)(17)(A) of the Texas Penal Code defines a “deadly weapon” as “ … anything manifestly designed, made, or adapted for the purpose of…
Prosecutor Improperly Argued Defendant was “Predator,” “Killer”
Article 37.07 § 3(a) of the Texas Code of Criminal Procedure has long been considered one of the guiding principles concerning the admissibility of…
Prejudice Presumed in Appeal Waiver Case
A defendant seeking to establish that he received ineffective assistance of counsel during a criminal proceeding must demonstrate (1) that his attorney’s performance was…
Texas Loses the Sunshine in Its Open Meetings Law
Open meetings laws are often referred to as “sunshine laws.” These laws require that meetings, decisions and records, with some exceptions, of state and…
Texas Prevented from Executing Intellectually Disabled Man
The term “mental retardation” was formally changed to “intellectual disability” in the Federal Register on August 31, 2013. This formal terminology adjustment began in…
The Legacy of Johnny Holmes And the Railroad Killer
Known as the “Railroad Killer,” Angel Resendiz was no angel. During his forty-seven years on this earth, his Wikipedia entries say he killed as…
Two Faces of Death Penalty Injustice
Robert Jennings was 31 years old when he entered a Houston adult book store on July 20, 1988 with the intent to rob it.…
Exigent Circumstances in Warrantless DWI Blood Draw Cases
In the early morning hours on Christmas Eve, 2014, there was a horrific car accident in El Paso, Texas. According to news reports, local…
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