Category Archives: Constitutional Law
Girlfriend Not Agent For 4th Amendment Purposes
For most cellphone owners, the pocket-size device has become their address book, photo album, personal journal, bank account, news source, calendar, social network, and…
Gorsuch Dissent in Cell Phone Case Portends Things to Come
During his confirmation for, and swearing in as, an associate justice to the U.S. Supreme Court, Neil Gorsuch vowed to be a servant to…
The Rule of Law Applies to All, Including the President
In 1947, U.S. Supreme Court Justice Felix Frankfurter in a concurring opinion of United States v. United Mine Workers said: “If one man can…
The Sanctity of The Home Reinforced by Second Circuit
The Sanctity of The Home Reinforced by Second Circuit The U.S. Supreme Court has for nearly six decades has recognized the fundamental Fourth Amendment…
Counsel Cannot Concede Guilt Over Client’s Objection
Death penalty trials, beyond a doubt, are the most difficult for a criminal defense attorney to try. These trials are conducted in two phases:…
Harris County Bail Procedures Held Unconstitutional
In a ruling issued on February 14, 2018, the Fifth Circuit Court of Appeals found there is reasonable evidence that the Harris County bail…
Why Michael Flynn Should Not Accept a Trump Pardon
Former National Security Advisor Michael Flynn has pled guilty in a Washington, D.C. federal court to a single count of lying to the FBI.…
President Not the Chief Law Enforcement Officer or Above the Law
It is now obvious that the President of the United States is under criminal investigation, ranging from possible obstruction of justice to money laundering.…
No Man Is Above the Law, Not Even the President
No man is above the law. That’s what former President Theodore Roosevelt told this nation. President Donald J. Trump does not believe in this…
Presidential Pardon Might Not Help Michael Flynn
Article II, Section 2, clause one, of the Constitution, dealing with the powers and duties of the President, provides that he or she “shall…
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