Category Archives: Criminal Law
The Importance of Making Timely and Specific Objections in Criminal Proceedings
As we have noted before, criminal trials and sentencing are governed by strict rules of evidence and procedures. Objections to admission of impermissible evidence…
Reforming Criminal Justice in Our Country Starts with These Two Laws
The release of thousands of unjustly jailed citizens, an end to solitary confinement, a ban on private prisons, and raising the bar on prosecutorial…
Defending the Indefensible Client: Ethical Duty Versus Social, Professional Risk
Every criminal defense attorney has had a client whose crime repulsed the attorney. Every criminal suspect is entitled under both our state and federal…
Cruel and Unusual Justice: A Surging American Phenomenon
The criminal justice system in America is often blind to injustice and, more often than not, cruel and unusual. As of 2017, the Sentencing…
Rigged Police Lineups Lead to Wrongful Convictions
As of this writing, there have been 2,481 exonerations in the United States since 1989—nearly 400 of them through DNA exoneration. Roughly 35 percent…
Civil Asset Forfeiture: Organized Criminal Activity by Law Enforcement
Texas law enforcement can seize, and keep, an individual’s private property—cash, cars, houses, or ranch/farm equipment, for example—when they suspect the property is connected…
Prosecutor Improperly Argued Defendant was “Predator,” “Killer”
Article 37.07 § 3(a) of the Texas Code of Criminal Procedure has long been considered one of the guiding principles concerning the admissibility of…
Prejudice Presumed in Appeal Waiver Case
A defendant seeking to establish that he received ineffective assistance of counsel during a criminal proceeding must demonstrate (1) that his attorney’s performance was…
Supreme Court to Decide Unanimous Verdict Case
In a 1976 Valparaiso Law Review article, “Historical Developments of the Interrelationship of Unanimous Verdicts and Reasonable Doubt,” Anthony A. Morano noted that in…
Texas Loses the Sunshine in Its Open Meetings Law
Open meetings laws are often referred to as “sunshine laws.” These laws require that meetings, decisions and records, with some exceptions, of state and…
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