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Texas Supremes: Possession of Gun Does Not Constitute “Use” Under Forfeiture Statute
Loaded on March 16, 2018
by Dale Chappell
published in Criminal Legal News
April, 2018, page 36
Filed under:
Forfeiture.
Location:
Texas.
by Dale Chappell
The Supreme Court of Texas held that a Texas county commissioner’s misdemeanor conviction for possession of a firearm did not constitute “use” of a firearm under the forfeiture statute, and thus forfeiture was not authorized.
Mark Tafel, a former Hamilton County commissioner, was arrested for possession of ...
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More from this issue:
- Indigent Defense in America: An Affront to Justice, by Christopher Zoukis
- News in Brief
- Mississippi Supreme Court Caps Attorney’s Fees in Wrongful Conviction Cases at 25%
- West Virginia Supremes: Previous Nonviolent Crimes, Life Sentence Unconstitutional, by Dale Chappell
- Fourth Circuit: No Qualified Immunity for Deputies in Shooting of Armed Suspect, by Dale Chappell
- California Court of Appeal Holds State Must Prove Stolen Car’s Value for Felony Theft of Vehicle Conviction, by Dale Chappell
- Don't Take a Genetic Test Without Reading This First
- “Get Out of Jail” Free Cards for Cops’ Family, Friends Cut, by Christopher Zoukis
- Even Prosecutors Can’t Get Secret List of L.A. Cops With Credibility Problems, by Dale Chappell
- Sixth Circuit: Sentence Enhancement Inapplicable, Sales of Guns and Drugs Separate, by Dale Chappell
- Philly Decriminalizes Possession of Small Amounts of Marijuana, by Christopher Zoukis
- Magistrate Judge: Change Rule of Evidence That Allows Prior Conviction to Impeach Witness, by Derek Gilna
- New York Court of Appeals: Defendant Denied Right to Speedy Trial After 6-Year Delay, by Richard Resch
- Texas Supremes: Possession of Gun Does Not Constitute “Use” Under Forfeiture Statute, by Dale Chappell
- Mass. Supremes: Consent to Search in Vehicle Did Not Extend to Engine, by Richard Resch
- Gang Enhancement: California Court Reverses Denial of Motion for New Trial, by Derek Gilna
- $900,000 to Octogenarian Tased by Police
- Fired New Orleans Cops Just Move to Other Departments, by Dale Chappell
- U.S. Supreme Court: Guilty Plea No Bar to Defendant Challenging Constitutionality, by Richard Resch
- Washington Supremes: Former Prisoner Can Take Bar, by Derek Gilna
- Illinois Supremes: Barring Firearms Within 1,000 Feet of Parks Facially Unconstitutional, by Richard Resch
- Lack of Criminal Intent: Missouri Supreme Acquits on Drug Possession Charge, by Suzanne Bring
- Cops Killed 100 Times More Americans Than Terrorists Did in 2017, by Christopher Zoukis
- $275,000 to Man Arrested for Recording Police
- 7 Years Pre-Trial Incarceration: Vacated Convictions
- Pennsylvania Supreme Court: Police Emergency Lights Next to Parked Car Constitute Seizure, by Dale Chappell
- California Supreme: “Beyond a Reasonable Doubt” Standard for Second Strike, by Edward Lyon
- Not Disclosed: NSA-Obtained Evidence, by Derek Gilna
- Video: A Two-Edged Sword, by Michael Avery
- $4.8 Million Settles Kansas City Police Shooting, by Matthew Clarke
- Pennsylvania Supremes: Modified “Vertical” Approach to Collective Knowledge Doctrine, by Richard Resch
- Defense Fails to Present Diminished Capacity, Ninth Circuit Vacates Murder Convictions, by Christopher Zoukis
- Kansas Supremes: No Lifetime Post-Release Supervision, by Derek Gilna
- Mass. Disciplines Prosecutors: No More Business as Usual, by Derek Gilna
- Miranda Violation: 9th Circuit Reverses Murder Conviction, by Christopher Zoukis
- Law Enforcement Scrambles to Hide Stingray Use, by Derek Gilna
- Officer-Involved Shooting Data? Hard to Find!, by Christopher Zoukis
- Defendant’s Right to Testify Violated: Hawaii Supreme Vacates Conviction, by Norma Gonzalez
- Georgia Attempts to Limit Access to Official State Law, by Derek Gilna
- Sheriff Wanted Medical Examiner to Alter Reports, by Dale Chappell
- Witness Misidentification: Ohio Man’s 14 Convictions Vacated, by Mark Wilson
- Texas: Retroactive Application of Law That Decriminalized Specific Conduct Not Violation of Separation of Powers, by Dale Chappell
- Data: High Rate of Sexual Abuse by Cops, by Christopher Zoukis
- $ Millions to Settle Philly Police Misconduct Cases, by Derek Gilna
- Fight Mass Incarceration? There’s an App for That, by Derek Gilna
More from Dale Chappell:
- The Death of the Savings Clause, May 15, 2024
- Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, April 15, 2024
- Fourth Circuit Reinstates Relief From Death Penalty, Citing State’s Forfeiture of Argument Against Relief, May 15, 2023
- Federal Habeas Corpus: The Evidentiary Hearing for Federal Prisoners, April 15, 2023
- Federal Habeas Corpus: How to Raise a Fourth Amendment Claim, Feb. 15, 2023
- Will Overturning Roe v. Wade Kill the Right to Abortion Under BOP Policy?, Jan. 1, 2023
- Federal Habeas Corpus: How to Raise an Actual Innocence Claim, Dec. 15, 2022
- Federal Habeas Corpus: Role of the Magistrate Judge, Nov. 15, 2022
- Federal Habeas Corpus: Obtaining Habeas Relief After a Guilty Plea, Oct. 15, 2022
- Government Snitches Rake in Millions as Their Testimony Is the Leading Cause of Wrongful Convictions, Sept. 15, 2022
More from these topics:
- Indiana Supreme Court Announces Civil Forfeiture Triggers Right to Jury Trial, Feb. 15, 2024. Forfeiture, Forfeiture Money Judgments, Jury Trial.
- Sixth Circuit Announces Due Process Right to ‘Prompt’ Post-Seizure Hearing While Government Deciding Whether to Initiate Forfeiture Proceedings and Holds Wayne County’s Vehicle Forfeiture Program Violates Due Process, Feb. 15, 2024. Forfeiture.
- Houston Prosecutors Profit Millions From Cash Illegally Seized, April 15, 2023. Seizure of Prisoner Funds, Forfeiture.
- Theft of Public Funds or Accounting Incompetence? Kansas Police Agencies Can’t Accurately Track Property Forfeitures, Jan. 15, 2023. Forfeiture, Federal Funds.
- Charlotte Is Ground Zero for New FBI Asset Forfeiture Tip Line Program, Jan. 15, 2023. Forfeiture.
- Sixth Circuit Announces Criminal Forfeiture Under Fed. R. Crim. P. 32.2(b) Is Mandatory Claims-Processing Rule, Reverses $62.5 Million Money Judgments, Dec. 15, 2022. Forfeiture, Sentence and Judgement.
- Maine Now Requires Criminal Conviction Before Property May Be Forfeited, May 15, 2022. Forfeiture.
- Filmmaker Got Back His $69,000 ‘Stolen’ by DEA Agent, Plus a $15,000 Settlement, May 15, 2022. Settlements, Forfeiture, Civil Asset Forfeiture Reform Act (CAFRA), Transportation Security Administration (TSA).
- Digital Tyranny: Beware of the Government’s Push for a Digital Currency, May 1, 2022. Forfeiture.
- Civil Asset Forfeiture Still Abused by Florida Law Enforcement, April 14, 2022. Forfeiture.
