Category Archives: Appeals

Texas Court of Criminal Appeals Hot Over New Forensic Science Writ

New criminal laws are enacted by the legislative branch of government. Some create new offenses with proscribed penalties. Others are remedial in nature, creating…

Locked Up for Being Sick: Mentally Ill Man Sentenced 8 Years in Federal Prison for Firearms Violations

There’s no question that Des Moines, Iowa resident David Anthony Tumea had serious mental health problems in 2012. There is also no question that…

Pretense Protective Sweep between Mattress and Box Spring Leads to Firearms Conviction

Ivan Garcia-Lopez probably wishes he had taken his meal somewhere else on the evening February 5, 2014. He was living in a single-wide trailer…

Evidence Suppressed After Appeals Court Finds Cops Intentionally Lied About Existence of Search Warrant

In May 2013, Marguita Wills lived Charleston, West Virginia. She had a male companion named Kenneth Rush living with her in her apartment. He had been…

Unconstitutional Special Condition of Supervised Release Vacated

Sentencing the federal court is a mess. 1984 was a bad year for the federal criminal justice system. The U.S. Senate, by a vote…

Court Criminal Appeals Tosses Another Dog Sniff Case, Says Area Surrounding Front Door, Threshold is Part of Curtilage of Home

One thing should now be clear to Texas law enforcement, as well as to law enforcement officials across the country: the area immediately surrounding…

City Ban on Assault Weapons, Large Capacity Upheld, Next Challenge in the Works

According to FBI statistics, there were 11,961 murders committed in the U.S. in 2014. 8124 of the murders were committed using handguns.  262 people were…

Appellate Court Agrees Prosecutors “Overreached at Trial” of Analogue Act Violation, Conviction Reversed

Iobal Makkar and Gaurav Sehgal operated a small town convenience store in northeastern Oklahoma named “Gitter Done.” Big Mistake to Ask Law Enforcement for…

Use of Drug Dog within Foot of Home Violates Forth Amendment, Case Reversed

In 2013, the U.S. Supreme Court in Florida v. Jardines held that the police use of a drug-sniffing dog to investigate a home and its immediate…

Prosecutor’s Use of Perjured Testimony, Racist Rhetoric are Threat to Ordered Society

There are criminal cases in which the legal system fails.  That is precisely what happened to Paysun Long, who, after 14 years, has been ordered…

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