Category Archives: Appeals
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…
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…
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