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Blog Posts in 2011

32 results found. Viewing page 1 of 2. Go to page 1 2   Next

Texas Likely to Ignore NTSB on Cell Phones

Today, the Houston Chronicle, citing TXDoT, reported that in 2010 there were 3,409 cell phone related accidents with 46 fatalities. The article was about the unlikelihood of Texas following the ...
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Oops!...We Did it Again

A jury of twelve people, who had no reasonable doubt about LaDondrell Montgomery's guilt, got it wrong. He was in jail when the robbery they convicted him of last month occurred. There is no doubt ...
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Video Evidence - Don't Ask, Don't Tell

I recently told a jury in opening statements that they, "would see a video-recorded walk-through of the home the day after the fire, showing nothing packed, a cell phone still on a bedside table ...
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Candy Man Cases Still Being Unwrapped

It seems I'll never get away from the "Candy Man." Dean Corll, the so-called "Candy Man," was a serial killer Northwest Houston parents used for years as a cautionary tale to ...
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Reasonable Bail Is a Right, Not a Mistake (Updated)

A Fort Bend County man accused of a nearly decade old murder was granted reasonable bail because he was not indicted within ninety days of his arrest. The trial court judge followed Texas law when ...
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Fruit of the Poisonous Traffic Stop

Large amounts of drugs detected by drug-sniffing dogs are frequently the subject of news reports like this one from today's Houston Chronicle. The police apparently failed to inform to the ...
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Remembering Armistice Day

There are libraries of books about the Great War, about the generation it killed and the generation that survived, perhaps neither understanding what it was about and the latter knowing only for ...
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Separated by More than a Common Language

Playwright George Bernard Shaw supposedly quipped, "Britain and America are two countries separated by a common language." A recent article on mandatory sentencing in England and Wales from ...
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Winehouse Pathology Illuminates DWI Laws

Revelations about the cause of the death of singer Amy Winehouse may help put Texas DWI laws into context. According to a CNN.com article today, her blood alcohol-level was 421 ml per 100 ml of blood ...
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A Tale of Two Executions

On Wednesday, the State of Georgia executed Troy Davis for his part in the death of an off-duty police officer. MSNBC had hours of coverage across various shows. The Vatican weighed in. The foreign ...
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Three Takes on Telephone Road

Any lawyer who has practiced crimnal law in Harris County for more than a few years of the past fifty has handled a case or ten that started on Telephone Road (Prostitution, DWI, Assault, etc.). While ...
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Will Willingham Case Burn Perry?

On June 22nd of this year, the New York Times published an op-ed by T. Coates, The Haunting of Rick Perry, which began with the assertion that, "[s]hould Gov. Rick Perry of Texas enter the 2012 ...
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Lead Belly Slept Here

The Central Farm Unit of the Texas Department of Criminal Justice Instiutional Division (f/k/a TDC) has closed and is certain to be re-developed into some more suitable suburban enterprise. The ...
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Wet Collar Crime

Houstonians may be fined for violations of the city's water conservation ordinance, after being sent a written warning. The Mayor ordered mandatory water conservation measures on August 15th, ...
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This Is A Crime in Texas

A man, originally arrested for trespass, has remained in a Utah jail for more than three weeks, refusing to identify himself to authorities, according to AP reports. Setting aside whether holding a ...
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Annual Harris County Criminal Courts at Law Statistics

The following statistics are taken from statistics compiled annually by the state and published here. Theft and hot check cases aside, DWI and Assault cases are the most common category of misdemeanor ...
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Beating the Problem of Prison Overcrowding

In the face of declining revenues and increased incarceration costs to states, Professor and author Peter Moskos suggests in the Washington Post a return to flogging as a possible alternative, say a ...
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Lost in the Flood

For some Houstonians, Tropical Storm Allison was a bigger deal than Hurricane Katrina, which filled Houston with Louisiana refugees; Hurricane Rita, which filled area freeways with unnecessary ...
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"It's one thing to shoot somebody..."

Robert Frost wrote "Good fences make good neighbors," in his poem, The Mending Wall. A Houston man decided that steel bars make better ones, or at least with regard to Noe Gerardo Morin, ...
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27 Years in Prison for Nothing

Eyewitness testimony convicted Johnny Pinchback for Aggravated Sexual Assault in 1984. After twenty-six years in prison, almost his entire adult life, he has been exonerated by DNA evidence. Luckily ...
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9th Circuit Takes Middle Road on Gun Rights

The U.S. Court of Appeals for the Ninth Circuit has long been criticized as being activist and liberal. Monday, a three judge panel of the Court issued a 2-1 ruling in Nordyke, et al., v. King, et al. ...
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Holder Defends "Defense of Marriage Act" Defender

Attorneys whose clients or cases are unpopular often face criticism, disdain, and hostility from across the political spectrum. While criminal defense lawyers may encounter this more often than most, ...
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Simple Math: Subtract Mental Health Services, Add Prisoners

Unfortunately, and as many criminal defense lawyers know, our experience in Texas and, particularly Harris County, has shown that cuts to public mental health services cause increased costs in the ...
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Mary Jane Impersonator Banned in Texas

The Texas Department of State Health Services issued a press release today announcing that because the U.S. Drug Enforcement Agency (DEA) used its emergency authority to control synthetic marijuana, ...
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Say it Ain't So

Many mornings in law school, the first call I received was from then Houston Councilman, Joe Roach. My roommate worked in his city hall office and Joe would call to talk business over breakfast. ...
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