Category Archives: Appeals
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…
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…
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.…
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…
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…
How Does the Appeals Process Differ in Federal and State Cases?
A criminal charge will be brought in either state or federal court, depending upon the nature of the offense. Federal courts handle cases that…
Defense Attorneys be Warned: Dot Your I’s and Cross your T’s… the Texas Court of Criminal Appeals Favors Prosecutors
The law is as much about procedure as it is about substance. Even the most seasoned criminal defense attorney can default on a critical…
Introduction of Race into Death Penalty Case Causes Reversal
Defending a capital murder case is both difficult and stressful. Attorney/client communications, pretrial investigation and preparation, and presenting a plausible defense to the jury…
Court Tosses Drug Conviction After Finding Illegal Detention After Traffic Stop
Vehicle traffic stops that lead to drug seizures pose a continuing problem for the courts to deal with. This is especially so in speeding…
Denied Appeal Illustrates Important Point: Appeals Need Merit
Guilty pleas are intended to be final. Before a federal district judge will accept a guilty plea, he must inform the defendant he or…
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