Friday, November 28, 2008

The hidden danger of a domestic assault charge

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You and your wife go out to a party one night and you both a little bit too much too drink.  On the way home you get into an argument over s...
Wednesday, November 26, 2008

What I'm thankful for

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Although I frequently rant about miscarriages of justice and the wrongs I see in our criminal justice system, I am thankful to live in a cou...
1 comment:

Significant decisions by the Courts of Appeal, October 2008

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An officer need not observe a suspected intoxicated driver actually drive In a pair of decisions, the First Court of Appeals in Houston and ...
Tuesday, November 25, 2008

Jumping to conclusions, DWI-style

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According to the NHTSA training manual used to teach police officers how to administer and interpret standardized field sobriety tests, the ...
Monday, November 24, 2008

Improper voir dire

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A very special thanks to Galveston County criminal defense attorney Gerald Burks   and Houston criminal defense attorney Mark Bennett  for t...
Friday, November 21, 2008

The end of a season

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While there's plenty in the criminal law atmosphere I could write about today, I'm writing about something that's more important...
1 comment:
Wednesday, November 19, 2008

Presidential pardon pool

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Since election night I have joked with more than one colleague about starting up a pool on how many presidential pardons George W. Bush gran...
1 comment:
Tuesday, November 18, 2008

A further update on the intoxilyzer scandal

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I have an 80-something year-old client down in Galveston County who rear-ended another driver in the middle of the day and was arrested for ...
Monday, November 17, 2008

Update on DPS' call for driver's license checkpoints

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On Friday, under pressure from state legislators, the DPS withdrew its request for an Attorney General's opinion on the legality of set...
2 comments:
Friday, November 14, 2008

Here's something to chew on

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Had a very interesting lunchtime talk (over barbecue) with fellow Houston criminal defense attorney Mark Bennett and South Carolina defense...
Thursday, November 13, 2008

What about aggravated perjury?

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According to the Texas Penal Code , a person commits perjury if, with the intent to deceive and with knowledge of the statement's meani...
1 comment:
Wednesday, November 12, 2008

DPS calls for driver's license checkpoints

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Last month I wrote about the DPS' new policy of not renewing or issuing new Texas drivers' licenses to anyone who can't prove t...
Tuesday, November 11, 2008

Playing with people's lives

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It's bad enough that the misdemeanor courts in Harris County hail citizens before them every two-to-three weeks while their cases are pe...
Friday, November 7, 2008

What is obstruction of a highway?

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Recently my colleague, Robert Guest of the Dallas area, posted an article on his Dallas Criminal Defense Lawyer Blog about  the mysterious o...
1 comment:
Wednesday, November 5, 2008

Your state board of education

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The most disturbing aspect of this is not that Cynthia Dunbar believed that Barack Obama was a terrorist and would institute martial law, ...
Monday, November 3, 2008

The case for specific verdicts in DWI cases

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In light of the breath test machine scandal involving disgraced former technical supervisor Dee Wallace , the time has come to request speci...
Friday, October 31, 2008

Imperfect information

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A couple of weeks ago my colleague, Mark Bennett, posted an article on his blog,  Defending People , about  David Sklansky's theory of p...
1 comment:
Wednesday, October 29, 2008

More fallout from the intoxilyzer mess

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Last Thursday the Galveston County ADA handling my client's DWI case called me and proposed reducing the charge from DWI to obstruction ...
Tuesday, October 28, 2008

Update on faked intoxilyzer records

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Deetrice (Dee) Henderson Wallace, a contracted technical supervisor for the Texas Department of Public Safety (and the subject of this posti...
Monday, October 27, 2008

Court grants stay of execution in Davis case

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On Friday, the 11th U.S. Circuit Court of Appeals granted Troy Anthony Davis a  stay of execution  and set the stage for another appeal to b...
Friday, October 24, 2008

State's expert faked intoxilyzer maintenance records

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An internal Department of Public Safety investigation has revealed that an unnamed Technical Supervisor faked inspection records of the Int...
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True lies

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Oh what tangled webs we weave... Ashley Todd's story of being attacked and mutilated by an Obama supporter is just the latest that fall...
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Wednesday, October 22, 2008

Deterrence and DWI

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Doug Berman, the author of the  Sentencing Law and Policy  blog, has chimed in with his  opinion  regarding the "leniency" courts ...
5 comments:
Tuesday, October 21, 2008

Feedback on the Troy Anthony Davis case

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Since  I wrote  on the US Supreme Court's decision not to hear Mr. Davis' appeal in his murder case I have read some very interestin...
Monday, October 20, 2008

Austin to implement a cite and release policy

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Some time ago I wrote about why the police should issue citations with a promise to appear (cite and release) for some minor offenses.  Acc...