Category Archives: Evidence
Criminal Defense Discovery in Texas After Heath
Criminal defense attorneys across the state welcomed the decision of the Texas Court of Criminal Appeals (TCCA) this June when the opinion came down in The State Of Texas v. Dwayne Robert Heath, Appellee, Cause No. PD-0156-22. (A dissent to the motion for rehearing was filed on September 25, 2024). Here are the details of…
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Witness Corroboration for Informants Under TCCP 38.141
Maybe the most famous informant of all time is Judas, who informed on Jesus to the Roman authorities for thirty pieces of silver. Check out “The Passion of the Christ” for a great depiction of Judas as informant and the aftermath. Another famous informant: Lando Calrissian, who informed on Han Solo to the Empire, resulting…
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Encryption and Law Enforcement Investigations: Police Access to Encrypted Data
Last month, Apple announced its new end-to-end encryption for data stored by its customers in iCloud, Apple’s cloud storage service. It’s being heralded as “police-proof” in the media. Read, “Apple Set to Launch New, Police-Proof, Full End-to-End Encryption,” written by the Associated Press and published in the Daily Sabah on December 9, 2022. Apple explains…
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Ring Cameras and Police Surveillance: Growing Police Power Privacy Concerns
Ring camera videos on YouTube can be fun: there are bears in backyard pools and cute kids in doorways. However, from a criminal defense standpoint, the growing temptation for law enforcement to access Ring doorbell recordings (audio and/or video) in their criminal investigations is troublesome. When it happens without (1) the Ring owner’s consent or…
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What is a Motion to Suppress?
In Texas, one of the main weapons that a criminal defense lawyer can use to help his client is a “motion to suppress” that requests the judge order certain evidence be excluded from the case. It can be filed in both state and federal court. It’s a very powerful tool for the defense. Why? Because…
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10 Things to Know About a Jury Trial in Texas after John Wiley Price
Let’s talk about the power of a jury. Specifically, juries in criminal trials here in Dallas, Fort Worth and North Texas. It seems like a very opportune time to do so. John Wiley Price Mistrial: Jury Unable to Reach a Verdict John Wiley Price returned to work as a Dallas County Commissioner this week as…
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Forensic Evidence Is Not Trustworthy but Prosecutors Love It: The News This Week
This week heralds the end of the National Commission on Forensic Science, a group of experts entrusted with evaluating forensic science methods that are being brought into courtrooms by prosecutors all over the country. It’s not good news. Their job is important because so much of the current stuff labelled “scientific evidence” in criminal investigations…
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Prosecutor Withholding Evidence from Defense in Federal Criminal Case
In a criminal case, someone’s freedom — or even their life — is on the line. Legally, this places special duties upon the prosecution to be fair with the defendant. All sorts of laws exist to protect against abuse by the state: things like the Speedy Trial Act, for instance. Prosecutorial Duty to Turn Over…
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FBI Investigations and DOJ Prosecutions: Fighting for Your Privacy Rights
Of paramount concern to criminal defense attorneys is protecting due process and making sure that any investigation and prosecution by the government abides by constitutional protections like limited police powers, the right to privacy, and search and seizure protocols. Criminal Defense and Privacy Protections This is true for the underlying investigation into criminal activity. It…
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Defenses in Texas Criminal Cases
Criminal defense isn’t just trial work, even though it sure looks like it if you watch all the TV crime shows. A lot of defending clients charged with crimes here in Texas involves working with evidence and negotiating with the government. Defending happens a lot of the time at a desk with a keyboard, or…
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