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…
I am starting work on a new open records project for the Texas Criminal Defense Lawyers Association. Texas already has many individual defense lawyers doing some great open records work. However, these records are not easily shared with other defense attorneys. Ergo, the benefits of these records are not reaching…
No one plans on getting arrested in Kaufman County. If you do, be sure and check out this recommended bond schedule for Kaufman County. Kaufman County Recommended Bond Schedule Are you considering possessing marijuana in Forney? If you get caught and have no prior convictions your recommend bond amount will…
Austin’s Scott Henson is the author of Texas’ leading criminal justice blog, Grits For Breakfast. Scott Henson is also white. Scott has a two year old granddaughter who is black. Yesterday, while walking his granddaughter to a park in Austin, Scott was interrogated, detained, and harassed by no less than…
Nothing excites Texans like football (especially Red Raider football). Nothing excites the Texas legislature like creating a new criminal law for every perceived societal problem. Combine the two and you get… 32.441. ILLEGAL RECRUITMENT OF AN ATHLETE. (a) A person commits an offense if, without the consent of the governing…
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…
Barack Obama is our next President. Like the outgoing President, Mr. Obama is an ex pot smoker. America’s current pot smokers will be glad to find out that our nation’s voters supported common sense marijuana form last night. With help from the Marijuana Policy Project, here is an overview of…
Any defense attorney will have some of his motions denied. I have the option to appeal these decisions to a higher court. Often, my client can’t afford such a measure. However, it never occurred to me to simply seek a new hearing in front of a defense friendly judge. Here…
Steven Nicely is one of the top drug dog experts in the country. His testimony led a recent suppression victory in Arizona. The judge ruled that the State’s drug dog was unreliable, despite the fact that the drug dog had all the standard training and certification. I asked Steven for…
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…