Category Archives: Appeals
Federal Prosecutors Breach Plea Agreement, Appellate Court Vacates Sentence
A federal plea agreement is a binding contract between the U.S. Government and a criminal defendant. It is sometimes proffered but more often than…
Denying Justice by Limiting Definition of “Conviction”
The laws that apply to guilt do not always apply to punishment—at least that is the position of the Texas Court of Criminal Appeals…
Civil Commitment of Sex Offenders
Twenty states and the federal government have laws that permit the civil commitment of sex offenders—most notably child molesters—who have been declared by the…
Judge Disqualified from Cases When Previously Participated as Counsel for State
There are times when courts of appeals entertain certain issues of the law because the trial court failed to take reasonable steps to safe…
8 FAQs about Federal Criminal Appeals
A criminal trial is undertaken. Errors are made by the prosecution and the court. Objections are lodged by the defense attorney. Conviction is obtained…
Police Misconduct, Louisiana Style, Demands Retrial of Murder Conviction
Let us start by stating that most police officers are decent, hardworking people who make good faith efforts to fulfill their sworn duty to…
Supreme Court Says Not a Crime to Refuse Consent To DWI Blood Draw
It was indeed a rare occasion. Seven out of the eight U.S. Supreme Court justices agreed on June 23, 2016 on the same legal…
DWI Defendant Stripped of New Trial Because Defense Failed to Obtain Ruling, Preserve Error
Acriminal trial can sometimes be a confusing process in which important issues can be left unattended when procedural arguments become convoluted. This was recently…
Police Practice of Unlawfully Stopping Individuals to Check for Warrants Under Scrutiny by Supreme Court
The nation’s police seem to feel uncomfortable with the fact that they are now under constant scrutiny. The scrutiny they are under is not…
Appeal Court Says Rejects Mandatory Polygraph Exam for Sex Offender Treatment Program
There are more than 10,000 registered sex offenders in the State of Colorado. In 1992, lawmakers in Colorado created the Sex Offender Management Board…
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