Dallas Criminal Justice

June 9, 2009

Dallas Court of Appeals Case of the Day- The Empire Strikes Black

Jury selection is art and science, part Dr. Phil, part Dr. Freud with some law thrown in for good measure. It’s an area law schools provide no practical instruction for, yet no lawyer can try a case without knowing how to select a jury.

What law students are taught is Batson vs. Kentucky. Batson purported to end the practice of striking jurors based on race or ethnicity. This rule was later swallowed by the exception, but for a shining moment, the right to serve on a jury regardless of your race was protected by the Batson challenge.

What is a Batson challenge?

April 7, 2009

Dallas vs. Kaufman County- Criminal Defense

by Robert Guest

Kaufman is the county east of Dallas. Geographically we are neighbors, but we each have unique criminal justice systems. As a lawyer who operates in both worlds let me offer a comparison.

First, the part of criminal defense that actually matters is the same in both counties. The law, working the facts, investigating the investigation, etc doesn’t change no matter where you are. I believe there can be an advantage to hiring a local attorney. However, defendants are better served hiring a great defense lawyer, not a local one.

It’s the little things that are different. There is no quicker way to incur the wrath of a clerk or court coordinator than to violate local custom. Forget to hole punch your pages? Forget to have the ADA sign a pass slip? Staple something that shouldn’t be stapled? No soup for you, carpetbagger!

April 2, 2009

“Try Again”- Officer Powell Does DWI

by Robert Guest

Not all cops are bad. But every department has a few Officer Powells on the force. Besides harassing motorists on their way to the ER Officer Powell also attempted at least one DWI arrest. Allegedly, he (shock!) told conflicting stories at the scene, on the stand, and in his police reports.

From DMN

In one Denton County case, dismissed by prosecutors last year, Powell can be heard on his dashboard video camera acting hostile toward a man he pulled over for speeding.

March 27, 2009

Just Another Manic Friday

by Robert Guest

For the first time in my legal career I completed a county courthouse trifecta. I made an appearance in 3 different county courthouses in one day. This made me wonder what the record is for most county courthouses visited in a day? It can’t be more than 4. All this travel has sapped my blogging energy. Instead of talking about the crazed Dallas ER cop or Sharon Keller, I’ll offer a travelogue.

Collin County

Friday morning, I had a plea in Collin County. I live in Ennis (home of Polka Fest) which is about 65 miles away. Fog and speed traps slowed traffic on I-45. Traffic actual improved once I hit 75. I lamented over the suburban sprawl big box strip mall sameness that is southern Collin County and arrived in McKinney at 9:15.

February 13, 2009

Dallas Police Chopper vs. Orange Streaker!

by Robert Guest

The militarization of our police force is complete. Dallas Police are using a freakin’ helicopter to find an orange painted streaker on Katy Trail.

A few questions-

1. How hard is it to catch someone who is a) naked and b) painted orange! Maybe if cops weren’t so busy meeting their daily ticket quota they could spend more time patrolling Katy trail.

February 3, 2009

Dallas Truancy Judge Douglas Dunn- Go To School, Or Meet Your “Boyfriend In County Jail”

by Robert Guest

DISD has a truancy epidemic. The district has so many truants that a special court is needed to help prosecute school children who won’t show up for their free government education.

Truancy enforcement is a win/win for Dallas. The city gets the fines levied against parents, and schools get more funding when an extra body is in the classroom.

That bring us to the truancy court judge Douglas Dunn. Dunn is more of a fascist hall monitor than neutral arbiter. Here is an instant classic from DD.

January 29, 2009

Dallas Court of Appeals- You can unring a bell

by Robert Guest

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.

Facts- Hecht was charged with misdemeanor assault family violence. The State couldn’t get the victim to testify, so the government put on third party witnesses to build their case.

January 14, 2009

Dallas SWAT- My Bad Wrong House

by Robert Guest

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 to kick down the right doors. “New professionalism” advocates like Scalia would be shocked to learn how often the government wields the shock and awe power of the SWAT team at the wrong location.

Recently I file an open records request on Dallas SWAT wrong house raids. The first report I received detailed an incident from December 2005. The person involved didn’t ask for blog publicity, so I won’t reveal any personal information.

January 6, 2009

Post Craig Watkins Ergo Propter Craig Watkins

by Robert Guest

Texan of the Year and Dallas DA Craig Watkins came into office on 1/1/07 on a Democratic tidal wave. Beyond the DA’s office longtime GOP criminal court judges have been replaced with Democrats. Much hang wringing among the GOP law and order crowd ensued. What happens when liberal commie criminal loving Democrats take over the criminal justice system?

In Dallas at least, crime went down 10%.

From DMN-

December 3, 2008

Dallas Red Light Cameras Struck Down- What’s the law?

by Robert Guest

Dallas’ red light camera program was struck down yesterday. A judge ruled the city’s shameless money grab violates Texas law. I have been following the proliferation of red light cameras in Texas. It’s a greedy government pig covered with some public safety lipstick.

Why did the judge rule these cameras were illegal? To the occupations code we go!

§ 1702.104. INVESTIGATIONS COMPANY. (a) A person acts