If you were on trial for a misdemeanor assault, and a witness accused you of murder, would that prejudice your case? Would you feel better if the judge told the jury to “disregard” the murder allegation? That brings us to our case of the day, Hecht v. State, No. 05-07-00431-CR.…
It’s an ice storm auto apocalypse is Dallas. Dallasites are often criticized for their driving performance during winter storms. This criticism is most often heard from snooty mountain state residents with their snow tires and four wheel drive. Guess what rest-of-America? No one can drive in ice. In Colorado, Minnesota,…
D magazine’s, Trey Garrison, weighs in on the growth of the Nanny/Police State in Dallas. Our Dear Leaders on the Dallas City Council know how you should live your life. They have enlisted our local police to help you make the “right” decisions. No minutia of daily activity is beyond…
Not a very good one. A Johnson County magistrate earned $50 for each forced blood draw warrant she reviewed. When you compensate someone for the volume of work done, you will get quantity, but not always quality. What do you know? She signed at least one warrant without the required…
Today I had two cases dismissed (scoreboarding disclaimer). Let’s discuss why criminal cases are dismissed. First, let me offer 3 categories of problems that lead to dismissals- factual, legal, and logistical. The first two categories are self explanatory. Logistical problems include actually getting the evidence (or witnesses) in front of…
The debate over morality and the law is one familiar to any law student. Every 1L is taught the difference between malum in se and malum prohibitum crimes. The former are crimes that are evil (murder), the latter are crimes that are wrong because the government says so (gambling, pot,…
My wife and I saw Gran Torino last night. GT is a great film worthy of all the Oscar buzz. I don’t usually do movie reviews but here goes. GT is a formulaic Eastwood in a good way. Dramatic, funny, and ultimately tragic. The whole time I was just waiting…
Blawgers are still sifting through the 4th amendment wreckage from the Herring disaster. How would a similar situation play out under Texas law? Would our exclusionary rule (38.23) protect the public from illegal searches based on non existent warrants? This brings us to White vs. State, a 1999 case from…
SCOTUS has a sorry history of eviscerating constitutional protections to save dope cases. Today’s case, Herring vs. US, is textbook SCOTUS drug war/police apologetics. Facts- The police really wanted to arrest Herring because they had arrested him before. Once a criminal always a criminal right? The police knew that Herring…
The rise of the paramilitary SWAT team is a testament to the failure of America’s criminal justice system. It defines the transition from peace officers, to law enforcement. One problem with giving the government the power to kick in doors while playing army is that the government can’t be trusted…