The highest appellate court for criminal matters held that a warrantless search through a cell phone violated the 4th Amendment on the U.S. Constitution. The cell phone was in the property lockup of the Walker County Jail when an officer with the Huntsville Police Department accessed the contents of the phone without a warrant or […]
By now most are familiar with no-refusal weekends. Taking their cue from case law, law enforcement agencies and prosecutor’s offices have put in place procedures on certain high-risk weekends to ensure that as much evidence as possible is gathered against anyone suspected of DWI. The procedure is now common, but still usually limited to those […]
Johnny Louis Torres Jr. v. State of Texas – PDF of Opinion – Modified and Affirmed The court’s opinion here deals with an appeal of a conviction for possession of a less than one ounce of cocaine, a state jail felony which was enhanced to a second degree felony by prior state jail convictions. Mr. […]
Harlon Ray Buckner, II v. The State of Texas – Link to Opinion – Affirmed DNA testing of old evidence has become almost routine, however, procedural issues can easily stand in the way of allowing a convicted person getting a new trial. Buckner v. State shows how careful an attorney must be to preserve rights […]
The State of Texas has a proud history of racing; such greats as Shelby and Bondurant have graced this state’s register of residents. However, our racing prowess will not stop the Texas Commission on Environmental Quality’s (TCEQ) from interpreting their automotive emission rules quite strictly. So strictly in fact, that your custom, mandrel bent, stainless […]
The 9th Court of Appeals released 1 opinion today, a memorandum opinion concerning a Montgomery County criminal case: CHAD ERIC MINER, v. THE STATE OF TEXAS – Affirmed The 9th Court of Criminal Appeals affirmed the Montgomery County Court at Law #5’s denial of the defendant’s motion to suppress evidence prior to trial for DWI. […]
In case you missed it, Casey Pachall, the starting quarterback for the TCU Horned Frogs, was arrested this week. As the article notes, and as any college football fan already knows, Pachall was suspended indefinitely from the team. Even a cursory scan of internet message boards will show that this is considered a “good thing,” […]
Up until now, of all the crimes you hypothesized you could commit and get arrested for, we are certain one has never streamed into your mind. That thought is whether or not you could get arrested for Boating While Intoxicated as you paddle a canoe. Under the strictest interpretation of Texas Penal Code, Chapter 49, […]
The short answer is yes. While your vehicle may be modified in an entirely safe and responsible manner, the police have the right to complete safety inspections on a vehicle. If the officer looks at your vehicle, and has reason to believe that your car may violate a state law concerning equipment or safety – […]