Category Archives: Appeals
Prosecutorial Misconduct in Death Penalty Case Causes Supreme Court to Reverse Case Without Briefs or Argument
It was a good decision, that is, for Michael Wearry. The U.S. Supreme Court on March 7, 2016 reversed the Louisiana death row inmate’s conviction. The…
Perry Escapes Felony Indictment via Bush v. Gore Legal Strategy
Texas appellate courts have been historically consistent in the view that a pretrial writ of habeas corpus, followed by an interlocutory appeal, is an…
Justice Delayed for the San Antonio Four
In September 1994, four San Antonio women—Elizabeth Ramirez, Cassandra Rivera, Anna Vasquez, and Kristie Mayhugh—were arrested and charged with sexually assaulting two nieces, ages 9 and…
Justice Antonin Scalia’s Death Offers Vitality to Court
Justice Antonin Scalia is dead. He died on February 13 at a West Texas ranch resort. By all accounts it was a peaceful passing.…
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…
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