Category Archives: Criminal Law
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…
Trump’s Lies and Immigrant Fear Mongering
Donald Trump launched his presidential campaign in 2015 with a direct, blatant racist appeal. A 2018 study by the Proceedings of the Academy of…
Texas Border Security and Crime
The recent, and longest, government shutdown has focused public attention on claims by President Donald Trump and his Wall proponents that crime is not…
Trump’s Plan: Most of 50k+ Prisoners to Be Released Drug Offenders
The First Step Act (“Act”) is expected to produce badly needed reform of the federal mandatory minimum sentencing scheme. The reform legislation offers promise…
Prosecutorial Overreach Leads to 20 Month Sentence for Shoplifter
In October 2013 Terri Regina Lang was shopping at an HEB store in Burnet County, Texas. She was observed by a store employee taking…
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