Dallas Criminal Defense Lawyer Blog

November 28, 2007

Plano Police Department Lawyers Up

Plano PD has lawyered up on the Tray B’s DWI case. I filed an open records request seeking emails, communications, documents on any internal investigation, inter alia, to confirm or deny the story. The City of Plano is asking the Attorney General for permission to keep these documents secret. Allegedly, three officers conspired with Mr. B’s wife to set him up for DWI.

The government always chooses the path of least disclosure. The City of Plano is no different.

When the story broke Plano City Attorney Dianne Wetherbee said the officers conducted themselves in an appropriate manner involving the incident. Now the City Attorney is pleading with the Attorney General for permission to keep these records secret. If, as Mr. Wetherbee stated, these officers conducted themselves appropriately then why not release the records?

November 27, 2007

Texas Prosecutors Training- DWI is an Opinion Crime

by Robert Guest

DWI prosecution is a threat to freedom because it is an opinion crime. href=”http://www.duiblog.com/2007/11/27/another-dui-supercop-2/”>it is easy for cops to file false DWI charges, or unilaterally decide that a suspect is intoxicated and arrest. Combine the vague law with the “you must arrest more” propaganda we feed young cops and you have a recipe for injustice.

As a prosecutor and defense lawyer I have read the DWI Investigation and Prosecution Training Manual by TDCAA. Until today, I never read the intro. I was to learn that the author of the DWI manual agrees with my conclusion that DWI is an opinion crime.

The goal of this book is to serve as an aid to those prosecutors who face [DWI]

November 26, 2007

Dallas Police not looking at consumer electricity bills

by Robert Guest

After uncovering Austin PD warrant less surveillance deal with Austin Energy, I filed an Open Records request with Dallas PD.

Sgt. Randy Hooper of the Open Records unit reports that no such agreements exists for either Dallas PD or the Dallas County Sheriff. Your electric bills are safe, for now.

I don’t know if this is a victory for privacy or freedom, but at least it is not a loss.

November 26, 2007

Iraq War Vets Struggling With Addiction

by Robert Guest

ABC news has a compelling and tragic story of Iraq War veterans struggling with drug addiction. The stress of combat, failure of prescription meds, and easy access to controlled substances (despite 70 years of prohibition) has turned some veterans into addicts.

I hope we treat the soldiers better than the average drug defendant. I challenge any drug warrior to argue for the arrest of these brave soldiers.

Not every American who is an addict is overcoming the stress of war. This story highlights that addiction is a disease with different causes. These soldiers deserve help and treatment, not jail.

November 25, 2007

Who Owns Your Mental State? Medical Marijuana

by Robert Guest

Some headlines…

Cannabis May Prevent Breat Cancer From Spreading

Sativex, A Cannabis Spray effectively treats pain

November 20, 2007

Saint Thomas Aquinas on Law

by Robert Guest

I’m listening to an audiobook on Saint Thomas Aquinas, narrated by Chartlon Heston. I have never read Aquinas’ greatest work, Summa Theologica. However, I did read the wikipedia entry.

Here is a summary of Aquinas’ view of the law.

According to Question 90, Article Four of the Second Part of the Summa, law “is nothing else than an ordinance of reason for the common good, made by him who has care of the community, and promulgated.”

November 20, 2007

Barack Obama- Admitted Felon

by Robert Guest

Obama gave a fairly candid account of his past “experimentation” with illegal drugs.

ABC News’ Sunlen Miller Reports: Democratic candidate Sen. Barack Obama, D-Ill.,

spoke candidly Tuesday about experimenting with drugs while he was in high

November 19, 2007

Texas Prosecutors- DWI and Closing Arguments

by Robert Guest

Closing arguments are an important part of any jury trial. After both sides present their witnesses and evidence we have closing arguments. The State gets two closing arguments- one before and one after the Defense.

From the TDCAA Publication “DWI Investigation and Prosecution” comes these exiting tips on the State’s DWI close. In sum, we teach ADA’s to argue that the defendant was on his way to kill somebody, even if there is no evidence to support that argument.

1. Blood on the Highway- The TDCAA manual tells prosecutors to “spend some time reminding them (the jurors) of the dangers of this offense. The case you are prosecuting may not have involved a crash but the thanks for that goes to the police officer who the skill and training to recognize the danger this defendants posed.”

November 19, 2007

Phoenix to Post DWI Defendant’s Mug Shots Online

by Robert Guest

DWI has officialy achieved witch hunt status. Just like sex offenders, those convicted of DWI in Phoenix will have their mug shots and conviction information posted online. I guess the financial ruin is not enough we have to publicly humliate those convicted of an opinion crime.

Where are the pictures of those wrongfully arrested and acquitted? Why not post those photos?

Why not post the mugshot of officers who arrest the innocent? That would be a public service.

November 15, 2007

Plano Police- Divorce leads to DWI corruption

by Robert Guest

DWI laws are dangerous because we give officers to much discretion too arrest. Law enforcement discretion combined with an erosion of constitutional protections leads to injustice every time.

Freedom, liberty, and the now defunct Bill of Rights used to protect us from corrupt law enforcement. Today, criminal defense lawyers are freedom’s last hope.

This leads me to the story of Tray B.. Tray was arrested by Plano PD for DWI. The Plano Star Courier reports that during Boswell’s DWI trial, his criminal attorney Phillip, requested the cell phone records from Sarah B., Trey’s wife. Trey and Sarah were going through a divorce. Child custody was an issue.