Category Archives: Appeals

Jun 21 2017

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…

Jun 20 2017

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…

Jun 19 2017

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…

Jun 19 2017

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…

May 30 2017

Judge’s Sentencing Discretion Held in Check

A federal district court judge enjoys broad discretion in determining the criminal sentence to be imposed following conviction. This judicial discretion, however, is limited…

May 22 2017

What Is a Brady Violation?

The landmark decision Brady v. Maryland was handed down by the U.S. Supreme Court in 1963. The decision held that, under the Fifth and…

Apr 27 2017

U.S. Supreme Court Says Due Process Requires Refund of Monetary Penalties for Invalidated Convictions

Fines and restitution may be imposed following a criminal conviction in conjunction with the sentence imposed. Fines are commonly imposed in all criminal cases.…

Apr 20 2017

Texas Court Finds No Expectation of Privacy in Cell Phone Records, Location Data

On April 12, 2017, the Texas Court of Criminal Appeals ruled that Article I, Section 9 of the Texas Constitution does not provide broader…

Apr 14 2017

Should State Refund Fines, Fees to a Wrongfully Convicted Person?

In most states, people convicted of crimes pay fines, restitution, court costs and other fees. Most states will refund this money should the criminal…