It’s probably past time to announce that I partnered up. Guest Law Firm PC was laid to rest over 18 months ago, but I’ve been too busy to really blog about it until now. I would like to take this opportunity to let all solo practitioners know that having a…
Dallas Criminal Defense Lawyer Blog
Thoughts on a Forney Grow House
Both Forney online media outlets are reporting that a grow house was discovered in the Windmill Farms subdivision. It appears the house was abandoned and no arrests were made. Thank goodness. The last thing we need to waste our local tax dollars on is another pot case. You know what…
Dallas Court of Appeals Reverses Sexual Assault of Child Conviction
Today the Dallas Court of Appeals reversed a sexual assault of a child conviction. The case is Wiseman vs. State. This case highlights the limits of expert testimony on the issue of honesty. Basically, an expert can’t offer an opinion that certain groups of people lie, or certain groups tell…
Dallas Court of Appeals Rules for Kaufman Sheriff in Open Records Case
What happens when an inmate sues the sheriff for open records information? Today’s case of the day is In Re Brian Edwards Johnson- In 2008 Brian Edwards Johnson was incarcerated in the Kaufman County jail and sustained an injury. Not sure why he was in jail, or what the injury…
Kaufman County Criminal Court Records
For the longest time I’ve been using KaufmanCountyClerk.com to search for case information. You click on “court public record search” and get directed here. As long as I’ve been in Kaufman the KCC site has been a reliable cornucopia of case information. Recently something strange has happened to the search…
Texas Child Pornography Law- What is a “lewd exhibition”?
I’m betting that most of you have parents. And most of your parents owned a camera. And with that camera some of your parents took a picture of you sans clothing while you were young. Well, what makes that legal? Isn’t in a crime to possess naked pictures of kids?…
Kaufman County Failure to Register Conviction Reversed
A Kaufman County conviction for Failure to Register as a Sex Offender was reversed last week for factual insufficiency. Basically, it appears the State indicted the defendant under the wrong section of the code of criminal procedure. Factual insufficiency reversals are pretty rare, so let’s walk through how the court…
CCA Limits DWI Blood Warrants
I’m amazed on how banal DWI blood warrants have become. Maybe I shouldn’t be. Look how far we’ve come in just a few shorts years. The TSA molests plane passengers without cause, and it’s largely a non-issue. The police can demand that you give them your blood, and few seem…
Court of Criminal Appeals Ok’s Illegal Traffic Stops If The Driver Has An Oustanding Warrant
Here’s a paragraph that makes my libertarian blood boil. So, while the initial stop itself was illegal (emphasis mine), Grijalva never went beyond the bounds of what would have been constitutionally permissible had the stop in fact been justified at its inception. Under these circumstances, applying the law, as we…
Abel Assessment belongs on the Junk Science Scrapheap
One reason Texas convicts so many innocent people is our lax standards for allowing the State to admit “scientific” evidence at trial. Given the State’s nearly limitless resources for experts, supply is racing to catch up with demand, whether or not the science is sound or not. Trial courts are…