Every holiday in the summer the Dallas media sounds the alarm on boating fatalities, and/or drinking and boating. The dangers are real, don’t get wasted and drive a boat. Bring life preservers etc. However, like most local TV news the fear is exploited far beyond the reality. Example headline from…
I’ve found that few Texans are aware of the Texas Bill of Rights. It contains many similar provisions to the US Constitution. In theory, these provisions could provide more protection than the US Constitution. In practice, not always. Article 1 – BILL OF RIGHTS Section 10 – RIGHTS OF ACCUSED…
Texas prosecutors and the Fort Worth police are planning to celebrate July 4th by mocking the freedom our country was founded on. It’s another holiday DWI “no refusal” party and you’re invited. To celebrate the desecration of our Bill of Rights, here is an FAQ on DWI blood draw warrants.…
Great news! The Court of Criminal Appeals is tabling their decision to delete the special rule of attorney client privilege in criminal cases. alternative. From Texas Lawyer The Texas Court of Criminal Appeals has defused a heated debate that has raged in blogs and e-mails to CCA judges over a…
No person shall ever be imprisoned for debt. Texas Constitution Article I Section 18 A tragic death in Tarrant County highlights the need to reform Texas traffic ticket laws. From CBS 11 news- Ten days into serving her sentence at the Tarrant County Jail, a Fort Worth woman died. Police…
Appellate court decisions do not get much MSM coverage. As a public service I will try and break down recent Texas appellate court cases for the non attorney. (This process is made much easier by TCDLA SDR report). I’m often hard on appellate courts for making decisions I disagree with.…
RACIAL PROFILING PROHIBITED. A peace officer may not engage in racial profiling. -Texas Code of Criminal Procedure, Article 2.131 This begs the question- What is racial profiling? From the Code of Criminal Procedure- law enforcement-initiated action based on an individual’s race, ethnicity, or national origin rather than on the individual’s…
The Court of Criminal Appeals is moving to abolish the special rule of criminal attorney-client privilege. This would leave defendants with a much weaker protection currently only used in civil cases. Here is the law COCA is seeking to abolish- Texas Rule of Evidence 503(b)(2) (2) Special rule of privilege…
Dallas Morning News has yet another story on the proliferation of DWI blood warrants. This time the Dallas Police are joining the bandwagon of cities who have chosen to circumvent the law and violate your right to refuse blood testing. What about the right to counsel? Will these DWI suspects…
A reader asked me what the age of consent is in Texas. Great question. Let me begin by stating there is no section of the Texas Penal Code that defines “age of consent.” Rather, you have to begin in the Sexual Assault Provisions of the TPC. § 22.011. SEXUAL ASSAULT.…