Dallas Criminal Defense Lawyer Blog

September 30, 2024

Images Don’t Need to Contain Nudity to Count as Child Pornography Under Texas Law

Child pornography laws are designed to protect children from exploitation and abuse, reflecting society’s strong desire to shield the most vulnerable. Texas prosecutors are particularly stringent in enforcing these laws, often seeking the harshest penalties for those accused of such crimes. This approach aligns with the public’s desire for stringent measures against individuals who pose a threat to the safety and well-being of children.

However, the definition of what constitutes child pornography is not always clear-cut. In some cases, images that may appear innocuous—such as pictures of children taking a bath or playing on the beach—can be interpreted very differently depending on the context. While such images might be a part of normal family life, they could also be misused by those with harmful intentions. This creates a legal gray area where the boundaries of what is considered illegal are not always clear. Legislatures and courts must grapple with these distinctions, determining which images cross the line into illegality.

A recent case before the Texas Court of Criminal Appeals highlighted this very issue. The defendant in this case was charged with possessing images of minors who were fully clothed, but the images were suggestive and possibly explicit in nature. The defendant appealed these charges, arguing that the laws under which he was charged were unconstitutional because they were overly broad and vague, potentially criminalizing innocent behavior. The Court of Appeals initially agreed with the defendant, ruling that the charges should be dismissed.

September 15, 2024

How to Prevent Small Traffic Violations from Turning into Charges of Driving While Intoxicated

by Robert Guest

In Texas, DUI enforcement is taken very seriously due to the high number of accidents and fatalities related to intoxicated driving. However, despite rigorous enforcement, only a fraction of actual DUI offenses are stopped and charged. To address this, Texas law enforcement officers are often vigilant in looking for any signs of potential DUI violations, leading them to make traffic stops for various reasons, even minor infractions, as a means to investigate further. Recently, a defendant in Texas challenged the legality of a traffic stop that led to his DUI conviction, arguing that the stop itself was improper.

In this particular case, the defendant was pulled over after activating his turn signal, but he did so too late, according to the officer. The officer had received information earlier about a small white vehicle leaving an event where the driver was allegedly intoxicated. When the officer spotted a car matching the description, he followed it. The vehicle was moving well below the speed limit and came to a stop at an intersection. At that point, the driver turned on his signal, but not within the required 100 feet before the intersection, as mandated by Texas law. The officer, seeing this as a traffic violation, initiated the stop. Upon approaching the vehicle, the officer noticed the smell of alcohol and asked the driver if he had been drinking, to which the driver admitted he had.

The defendant appealed his DUI conviction, arguing that the stop was unwarranted because the traffic violation was minor and there was insufficient evidence to justify the stop. However, the court rejected both his appeal and his motion to suppress the evidence. Texas law requires that drivers intending to turn must activate their signal within at least 100 feet before making the turn. Because the officer observed that the driver violated this traffic law, the court found the stop lawful. As a result, the DUI conviction stands.

August 31, 2024

Texas High Court Weighs in On Specificity Requirement for Cell Phone Warrants

by Robert Guest

Cell phones are everywhere today, and they’re playing an increasingly significant role in criminal investigations. It’s no longer just about phone calls and text messages; the data stored on these devices can reveal a treasure trove of information. From GPS location data to social media activity, cell phones can provide critical evidence law enforcement agencies use to build their cases. However, the rules governing the admission and use of this evidence in court are still catching up to the rapid technological advancements. A recent decision by the Texas Court of Criminal Appeals highlights the evolving nature of these legal standards, especially in cases involving severe charges like capital murder.

In a recent case, a defendant faced a capital murder charge, and the prosecution sought to use data from his cell phone as evidence. The police obtained this data after submitting an affidavit, which outlined the specific information they believed could be found on the device and how it was related to the crime. The trial court initially allowed this evidence to be admitted, but the decision was overturned on appeal. The appellate court found that the affidavit failed to provide sufficient probable cause to justify the search, noting that it lacked detailed information connecting the cell phone to the crime.

The appellate court’s ruling centered on the insufficiency of the affidavit. It pointed out that the document did not describe the murder nor provide a factual nexus between the cell phone and the offense. The court emphasized that, according to a previous case, mere “boilerplate language” from police officers about the general use of cell phones in criminal activities was not enough to establish probable cause. The absence of any specific facts suggesting that the defendant used his phone during, before, or after the crime led the appellate court to conclude that the trial court erred in allowing the evidence.

July 22, 2024

Texas Court Holds Witness is Permitted to Testify Remotely in Child Sexual Assault Case

by Robert Guest

In the American legal system, one of the fundamental rights guaranteed to anyone accused of a crime is the right to confront the witnesses against them. This right is enshrined in the Confrontation Clause of the Sixth Amendment to the U.S. Constitution, which ensures that in criminal prosecutions, defendants can face their accusers in a face-to-face setting. This principle aims to uphold the integrity of the judicial process and allow defendants to challenge the testimony of those who accuse them. However, the Constitution was written over 250 years ago, long before the advent of modern technology. Consequently, it does not explicitly address whether this right is upheld when witnesses testify remotely via platforms like Zoom. The Texas Court of Criminal Appeals recently ruled on a case addressing this issue.

In a recent case, a man was convicted of continuous sexual abuse of a child and sentenced to sixty years in prison. A portion of the evidence against him came from a witness who had reported hearing of the abuse. During the trial, the prosecution requested that this witness testify via Zoom due to her fear of retaliation if she were to appear in person. The trial court granted this request, citing her safety concerns and the logistical difficulties of having her testify in person. Despite the defendant’s objections on the grounds of the Confrontation Clause, the trial proceeded with the witness appearing remotely. The defendant was found guilty and sentenced, but he appealed the conviction, arguing that his constitutional right to confront witnesses was violated. The intermediate appellate court agreed, overturning the conviction on these grounds and criticizing the trial court’s justification for allowing remote testimony.

The State challenged this decision, bringing the case before the Texas Court of Criminal Appeals. In reviewing the case, this higher court focused on whether the trial court’s decision to allow the witness’s remote testimony sufficiently met the legal standards set out by previous cases. The central issue was whether the necessity for remote testimony, driven by the witness’s fear of retaliation, was an acceptable reason for deviating from the traditional face-to-face confrontation.

July 14, 2024

How Deferred Adjudication Agreements for Felony Offenses Can Affect Sentencing Enhancements

by Robert Guest

In Texas, many criminal prosecutions are resolved through deferred adjudication agreements. These agreements can be highly beneficial for defendants as they place a formal judgment on hold, allowing the defendant to fulfill certain obligations. Once these are met, the charges may be dismissed or significantly reduced. This approach helps many avoid jail time and a more severe criminal record. However, deferred adjudication comes with its own set of disadvantages. Defendants must admit fault at the start and have fewer opportunities to challenge the charges. Essentially, while deferred adjudication can lessen the immediate impact of a criminal charge, it also requires an upfront admission of guilt and compliance with stringent conditions.

Entering a deferred adjudication agreement can help a defendant maintain a less severe criminal record. However, it’s important to understand that even though such agreements do not result in a formal conviction, they can still be considered in future legal matters. This was highlighted in a recent case heard by the Texas Court of Criminal Appeals. A man, who had entered into a deferred adjudication agreement for a felony charge, was later convicted of unlawful possession of a firearm as a felon. He argued that since his prior offense had been handled through deferred adjudication, it should not count as a “felony conviction” for future offenses. The court ultimately agreed with his contention.

The case arose when the defendant, instead of pleading guilty to a felony, entered into a plea arrangement. Later, the state treated this arrangement as if he had been convicted of a felony when charging him with unlawful possession of a firearm. The man contested his conviction on the grounds that he was not technically a convicted felon at the time of his arrest for firearm possession. The higher court’s ruling supported his appeal, emphasizing that prosecutors should not use deferred adjudication agreements for felony charges as prior felony convictions if the defendant successfully completes the terms or appropriately attends the program.

June 30, 2024

What if Criminal Action is Necessary to Protect Against a Greater Harm?

by Robert Guest

One of the most common general philosophical discussions concerning law and crime in Texas involves what is known as the “necessity defense.” The necessity defense allows for certain criminal conduct to be excused when the conduct was necessary to prevent a greater harm. Self-defense is a type of necessity defense, as is the violation of traffic laws in order to prevent a serious accident. The Texas Court of Appeals recently evaluated a DUI defendant’s claim that she was behind the wheel of a car while intoxicated because it was necessary to safely get the car off the road after the driver had fallen ill.

According to the facts discussed in the appellate opinion, the defendant visited a bar and club district in College Station and consumed several alcoholic beverages, rendering her unfit to drive her vehicle back home. Her brother drove her vehicle with her in the passenger seat and her sister-in-law in the back. At some point, the brother became ill and stopped the vehicle in the middle of the road, prompting the defendant to switch seats with him in an attempt to move the vehicle to a nearby parking lot. Despite being intoxicated and feeling unsafe to drive, she attempted to move the car but was unsuccessful, and a police officer later found the vehicle stopped in traffic with the defendant in the driver’s seat, and she was arrested and charged with DUI.

At trial, The defendant argued that her actions were justified under the necessity defense, contending that she was only attempting to move the car off the road for safety reasons, not to drive it home. However, the trial court denied her request for a necessity instruction. On a first appeal, the court evaluated whether the defendant satisfied the requirements of the necessity defense, including demonstrating a reasonable belief that her actions were immediately necessary to avoid imminent harm. The court found that her intoxication compromised her ability to form a reasonable belief and that there was no evidence of specific imminent harm.

June 11, 2024

Applying the Due Process Clause of the Constitution to Electronic Court Hearings

by Robert Guest

With the passing of the COVID-19 pandemic in 2020, the legal landscape in Texas has undergone significant transformations. Notably, there has been a marked increase in remote court hearings and adjudications, a trend that persists even as the threat of illness has diminished. The increase in the number and scope of remote proceedings has sparked additional constitutional inquiries, particularly regarding the rights of Texas criminal defendants participating in hearings from a distance. A recent ruling by the Texas Court of Criminal Appeals highlighted one such instance where a defendant’s federal constitutional right to due process was deemed violated during a Zoom hearing. The defendant found himself sequestered in a breakout room with his microphone muted, effectively barring communication with the court or his legal counsel.

According to the findings outlined in the judicial opinion, the defendant was in court facing allegations of a potential probation violation stemming from a prior conviction. Previous transcripts revealed that the defendant had been reprimanded by the judge for attempting to interject during proceedings, leading to the muting of his microphone and his relocation to an isolated electronic space. In this separate room, he was unable to confer with his attorney on how to address the witness testifying against him. Following the adjudication hearing, the defendant received a ten-year confinement sentence for the alleged probation violation.

The defendant appealed this ruling to a higher court, contending that his fundamental rights under the Confrontation Clause and Due Process Clause of the Constitution were violated when he was excluded from participating in the hearing that resulted in his imprisonment. On the initial appeal, the court found merit in the defendant’s argument, determining that his rights under the Confrontation Clause had indeed been infringed as he was unable to confront the witnesses against him. The State then escalated the case to the highest criminal appellate court in Texas, which scrutinized the events through the lens of the Due Process Clause. Ultimately, the high court concluded that the defendant possessed a fundamental right to be physically present at the hearing, and by muting and sequestering him, this right was compromised. Consequently, the appellate ruling dictated a reversal of the defendant’s adjudicated commitment, potentially sparing him from serving time for the alleged violation.

May 31, 2024

Texas High Court Affirms Enhanced Punishment for Theft Crime Based on 20-Year-Old Federal Conviction

by Robert Guest

Criminal defendants in Texas with prior criminal convictions can be disadvantaged at nearly all stages of the Texas prosecution. Law enforcement officers who notice that an individual has a lengthy criminal record may have a bias against them and seek them out for arrest. Many Texas crimes can be charged at a higher level if an individual has prior convictions. During a trial, the judge or jury may be able to consider prior crimes or convictions in determining a defendant’s guilt, and at sentencing, prior convictions can be used to increase the punishment for a crime. The Texas Court of Criminal Appeals recently rejected a post-conviction petition filed by a woman who had been sentenced to 40 years in a Texas prison for a theft offense, based in part upon a 2001 federal criminal conviction.

According to the facts discussed in the recently published judicial opinion, the defendant was convicted of a theft crime in Texas in 2023. Because she had a final criminal conviction out of a federal court in Alaska from 2001, the punishment for her more recent crime was enhanced to a 40-year prison term. After her conviction was final and the direct appeals were exhausted, the woman sought a petition for Habeas Corpus post-conviction relief from the Texas Court of Criminal Appeals. Habeas relief is available in Texas for several reasons, including if the sentence issued was illegal. The woman argued that her sentence was illegally enhanced by the prior conviction because the prior conviction was not “final” as determined by Texas law.

In support of her petition, the woman argued that her prior conviction was not finalized, as she had sought appeals and other relief through the federal court. The high Texas court rejected her arguments, ruling that under Texas law, a conviction is final after all appellate remedies had been pursued and rejected, and the conviction was affirmed by the appellate court in a final mandate. Because the woman had exhausted her appeals in the federal case, the ruling was final under Texas law, and her application for Habeas relief was denied. As a result of the most recent ruling, the woman will be required to serve out her 40-year sentence for the Texas theft crime.

May 13, 2024

When Can Surprise Testimony by a State’s Witness Result in a Mistrial?

by Robert Guest

Texas prosecutors often rely on the testimony of alleged victims or eyewitnesses to obtain convictions for violent crimes. It is important to remember that witnesses are only human, and sometimes they will testify in a manner that the prosecution did not expect. Such surprise testimony may put the defense at a serious disadvantage by not allowing them to properly prepare in anticipation of such testimony. In some circumstances, the introduction of surprise testimony to the jury can be grounds for a mistrial, which could ultimately prevent a defendant from being convicted. The Texas Court of Appeals recently addressed a defendant’s appeal that surprise evidence introduced in his prosecution should have resulted in a mistrial.

In this recent case, a man had been charged with sexual assault after a woman alleged he picked her up from the side of the road and assaulted her at knifepoint. During the trial, there was a surprising revelation during the alleged victim’s testimony about her profession as a prostitute, which caused the defense to request a mistrial. The witness testified that she was working as a prostitute on the night of the assault, which the defense claimed was not disclosed by the prosecution, alleging a violation of the Brady rule, which requires the state to disclose exculpatory evidence. The trial court denied the defense motion, the defendant was convicted, and he appealed the mistrial ruling.

On appeal, the prosecution argued that they did not have prior knowledge of the witness’s profession because she mentioned it for the first time during her trial testimony. The prosecutor explained that the witness had come from out of state and hadn’t discussed the specifics of the case with the prosecution until just before taking the stand.

April 30, 2024

Texas Court Disagrees with Insufficient Evidence Argument in Aggravated Assault by Threat Case

by Robert Guest

A recent criminal case before a district court in Texas highlights the importance of specific and credible testimony during trial. At issue in this appeal was the defendant’s conviction for aggravated assault by threat. On appeal, the defendant argued there was insufficient evidence to prove he threatened one of the complainants in the case. Upon reviewing the trial record, the higher court reviewed the defendant’s argument but ultimately disagreed, affirming the appeal.

Background of the Case

According to the opinion, the incident at issue involved two men fighting for space in a lane while driving on the highway. Both men rolled down their windows, and the defendant shouted profanities and racial slurs at the second man. The men both ended up at a nearby gas station, and they got out of their cars to exchange words.

Meanwhile, the complainant’s girlfriend and their two young children stayed in his car. The girlfriend testified at trial that she heard her boyfriend indicate that the defendant had a gun in his possession. Similarly, the complainant testified that the defendant had an AR rifle in his hand and that the defendant verbally indicated he wanted to shoot the defendant and his family.