Louis Brandeis was a Supreme Court Justice from 1916 to 1939. He invented the Brandeis Brief, a collection of empirical data to help guide SCOTUS decisions. Justice Brandeis has many memorable quotes in his opinions. The current DWI hysteria that has led to blood draw warrants inspired me to choose…
Thanks to all the readers who emailed me this story. I haven’t had much time to blog, but this is an important development. Here are the details. A Tarrant County judge threw out blood drawn by the Dalworthington Police in a 2005 DWI case. Too cheap or impatient to use…
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…
I’ll be celebrating the 4th and not blogging tommorow.. However, the web is full of great writing to keep you entertained and informed. Here are some items to check out between hot dogs, fireworks, and JP Souza music. Happy Birthday DEA A great article by Russ Bellvile that celebrates the…
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.…
I’m back from Rusty Duncan. I spent Saturday on Lake Travis and had a great time. Austin is a wonderful city and a great place to spend a weekend. Maybe I could franchise someday and have an Austin branch. Ethics Like most CLE seminars the Rusty Duncan conference had some…
I’m in San Antonio for the Rusty Duncan conference. This is my first RD and I am very impressed with the quality of the speakers. Here are some quick thoughts. 1. I think I saw Mark Bennett, philosopher/attorney. I expected him to be dressed more like Socrates. 2. There was…
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…
I just read the post on Grits about the Rothgery case. The opinion is 49 pages and I won’t have time to go through the whole thing today. However, the holding could have positive implications for shutting down the practice of DWI forced blood draw warrants. “A criminal defendant’s initial…