Showing posts with label discovery. Show all posts
Showing posts with label discovery. Show all posts
Tuesday, July 15, 2014

Having too much information can be hazardous

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Brian P. Fox is a student at Notre Dame Law School, not an actual lawyer. He has studied criminal law and criminal procedure but he has not ...
1 comment:
Friday, July 11, 2014

Unintended consequences of the Michael Morton Act

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All across the State of Texas, local district attorneys are teaming up with judges to find creative ways to get prosecutors out from under t...
3 comments:
Friday, April 12, 2013

State Senate passes Michael Morton Act (corrected version)

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Yesterday the Texas Senate unanimously passed the Michael Morton Act which will expand the scope of discovery for defendants in criminal ca...
3 comments:
Monday, April 8, 2013

Making a bad bill even worse

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Never one to let a good opportunity to put the screws to the defense, State Sen. Joan Huffman (R-Houston) has proposed an amendment to State...
Monday, March 25, 2013

False equation

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In his latest shot at the defense bar, Grits for Breakfast seems to be making the argument that everyone should ignore the defense bar's...
Monday, March 18, 2013

Leaving us all just a little bit stupider

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On Friday Lisa Falkenberg penned a column in the Houston Chronicle (sorry, no link because the Chronicle put the article behind a pay wall s...
1 comment:
Monday, March 11, 2013

Revamped reciprocal discovery bill is still bad for the defense

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State Senator Rodney Ellis' (D-Houston) reciprocal discovery bill, otherwise known as the blame the defense for wrongful convictions, ac...
Thursday, February 28, 2013

Blaming the victim, Texas-style

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So just how did we get to this point? It was Charles Sebesta who prosecuted Anthony Graves. It was Mr. Sebesta who failed to disclose Brad...
2 comments:
Monday, February 25, 2013

Reciprocal discovery is a wolf in sheep's clothing

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There's a battle a-brewing in Texas. A bill, sponsored by State Senator Rodney Ellis (D-Houston), is making its way through the legis...
6 comments:
Tuesday, January 1, 2013

Another year, another bad idea

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Once again State Senator Rodney Ellis (D-Houston) has introduced his bill calling for reciprocal discovery in criminal cases - and, once ag...
1 comment:
Friday, November 11, 2011

Pardon me, that order must be mistaken

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The language seems deceptively clear. On this day the above numbered and entitled cause was called for pretrial hearing. The defendant, de...
Thursday, May 19, 2011

Reciprocal discovery would only harm defendants

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Wouldn't it be great to have a laundry list of items that the state is required to produce prior to trial? No more drafting discovery...
2 comments:
Thursday, March 17, 2011

Still a bad idea -- even with a fancy name

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Reciprocal discovery. It sounds so innocuous. Since the State is required to make certain documents in a criminal prosecution available to t...
2 comments:
Thursday, May 14, 2009

Civil rules of discovery can help you in a criminal case

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Texas Rule of Civil Procedure 176. "Subpoenas" 176.1 Form. Every subpoena must be issued in the name of "The State of Texas...