Texas appellate courts have a longstanding tradition of throwing out issues on appeal because the defense didn’t object correctly at trial. The law is- to raise an issue on appeal you must specifically object to that issue at trial. It’s a logical fallacy to believe that a defendant is intentionally…
A new case from COCA shows why it’s best not to write down your feelings in jail. Especially if those feelings are violent rap lyrics, and you are on trial for murder. Such were the facts from Mendoza vs. State, which was handed down today. The defendant was found guilty…
You had a trial, you were found guilty, and your defense lawyer didn’t meet your expectations. She may have slept through trial, been drunk, or failed to present any evidence at all. What remedy does a defendant have for such a situation? An appeal or Writ claiming Ineffective Assistance of…
I read most of the new criminal opinions from the Dallas Court of Appeals. Many defendants want to appeal not just their trial, but their sentence. A common example is a defendant who goes to the judge for punishment and receives a long jail sentence instead of probation. The defendant…
Texas has some stupid laws. Unfortunately Texas also has legislators who lack the courage or wisdom to repeal stupid laws. Instead, Texans must rely on federal courts, or even the Supreme Court to declare our stupid laws unconstitutional. One such stupid law bans the “promotion” (sale) of dildos. § 43.23.…