Category Archives: Appeals
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”…
The Law: Logic and Fairness Too Often Ignored
Most people would assume that the rule of law is drawn by the rules of logic and fairness. That assumption is both logical and…
Officer Who Pepper Sprayed Arguing Suspect Faces Lawsuit
Police Force: When Does Reasonable Become Unreasonable Nearly three decades ago the U.S. Supreme Court, in Graham v. Conner, held that the police may…
College Dorm Rooms Enjoy Fourth Amendment Protection
It was an issue of first impression for the Texas Court of Criminal Appeals (TCCA): whether a college dorm room is an exception to…
Bad Driving Is Not Criminally Negligent
Texas has more than its share of bad drivers. One of its cities, San Antonio, ranks in the top ten among the nation’s most…
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