Category Archives: Criminal Law
What Is a Brady Violation?
The landmark decision Brady v. Maryland was handed down by the U.S. Supreme Court in 1963. The decision held that, under the Fifth and…
What Trump’s Picks for Federal Courts Mean For Criminal Defense
President Trump’s abrupt firing of former FBI Director James Comey, and its related political fallout, has dominated the news cycle over the last week…
Justice for Todd Willingham Haunts Unethical Prosecutor
The wheels of justice turn inexorably slow, but they do turn. The day of justice reckoning has arrived for John Jackson, a former district…
Harris County’s Unconstitutional Bail System Dealt a Critical Blow
According to the Bureau of Justice Statistics, more than half of the jail population in the U.S. has never been convicted of a crime.…
Court Creates New Rules for Mistrials at Punishment Phase
Legal scholars and sources, such as Black’s Law Dictionary, provide two definitions of a mistrial: first, a trial is brought to an end by…
U.S. Supreme Court Says Due Process Requires Refund of Monetary Penalties for Invalidated Convictions
Fines and restitution may be imposed following a criminal conviction in conjunction with the sentence imposed. Fines are commonly imposed in all criminal cases.…
Should State Refund Fines, Fees to a Wrongfully Convicted Person?
In most states, people convicted of crimes pay fines, restitution, court costs and other fees. Most states will refund this money should the criminal…
Immigrants Engage in Crime at Lower Rates than US Born
At a campaign rally in Springfield, Ohio on October 27, 2016, President Donald Trump charged that “thousands of Americans have been killed by illegal…
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…
Is Fire a Deadly Weapon?
Texas law requires that criminal courts place “affirmative findings” in their judgment whenever it proven that a “deadly weapon” was knowingly used or exhibited…
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