Category Archives: Appeals
Wrongful Conviction Civil Rights Case to Proceed
There are several indisputable core facts about the case of Susan Mellen. First, the burned body of Rick Daly was found near a dumpster…
Juror Misconduct is a Hard Ship to Navigate
Raymond Baker was convicted in December 2015 in U.S. district court in the Northern District of New York for conspiracy to distribute drugs. Several…
Putting the Law Before Health; Medical Marijuana and Supervised Release
Ten years ago John Edward Schostag pled guilty in a U.S. District Court in St. Paul, Minnesota to being a felon in possession of…
“Known Drug Activity” and Furtive Movements: Not Quite Enough for Probable Cause
Diddy’s Sports Bar in Houston has what the Texas Court of Criminal Appeals (TCCA) described as “a well-documented history of narcotics sales.” But does…
Which Is More Important In The Word Guilty: The “I” Or “T”?
Jamie Hallmark entered into a plea agreement in Houston County. The written agreement stated that when she showed up for sentencing, she would receive…
Destruction of Evidence Creates Problems for Harris County Justice System
Harris County’s Precinct 4 is the largest Constable’s office in the United States with nearly 500 sworn deputies funded by a $52 million annual…
Courts Feud Over Constitutional, Harmless Error
There appears to be an increasing judicial feud underway between the Texas Court of Criminal Appeals (TCCA) and the lower appellate courts throughout the…
The “Hound Dog Handler” Comes Full Circle to Face Justice
In the heyday of his career as an “expert” for unscrupulous prosecutors around the state, Keith Pickett enjoyed a star witness status—the Hound Dog…
DWI Jury Charge Must be Tailored to Facts Presented at Trial
The Texas Penal Code § 49.04 prohibits the driving of a motor vehicle while intoxicated. Section 49.01(2)(A) defines intoxication as “not having the normal…
Fourth Circuit Issues Significant Adam Walsh, Civil Commitment Ruling
The Adam Walsh Child Protection and Safety Act of 2006 (“Act”) permits the federal government to civilly commit any child sex offender deemed “dangerous”…
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