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Texas Court of Criminal Appeals Reverses Conviction for Improper Lesser-Included-Offense Determination

Loaded on Dec. 4, 2018 by Christopher Zoukis published in Criminal Legal News December, 2018, page 26
Filed under: Criminal Prosecution, Criminal Procedure. Location: Texas.

by Christopher Zoukis

The Court of Criminal Appeals of Texas reversed an intermediate court of appeals because the lower court improperly determined that “deadly conduct” is not a lesser-included offense of aggravated assault by threat. The top Texas criminal court found that the elements of both offenses are functionally equivalent ...

 

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More from this issue:

  1. Dallas County Private Bail Hearings Leave People Languishing Behind Bars, by Kevin Bliss
  2. New App Makes It Simple for Civilians to Record Police Encounters
  3. Sex Offender Registration Biased Against Blacks, by Kevin Bliss
  4. Arizona Supreme Court Strikes Law Categorically Banning Bail for Sexual Assault as Unconstitutional, by Dale Chappell
  5. $384 Million Paid Out by New York City in Last Five Years for Police Misconduct, by Derek Gilna
  6. ACLU Report: A Tale of Two NYCs When It Comes to Policing, by Derek Gilna
  7. Fourth Circuit Affirms District Court Ruling that Man Committed as ‘Sexually Dangerous’ Should be Released, by Christopher Zoukis
  8. Increase in Crime Registries Nationwide Not a Benefit to Society, by Kevin Bliss
  9. Ninth Circuit Grants Habeas for Appellate Lawyer’s Failure to Raise Denial of Self-Representation Claim, by Matthew Clarke
  10. Tenth Circuit Grants Habeas Relief When ACCA Predicate Offense No Longer Qualifies as ‘Violent Felony’, by Christopher Zoukis
  11. Chicago Judge Grants No-Money Bond in Murder Case, But Cook County Still Has a Long Way to Go, by Dale Chappell
  12. FBI Admits Vastly Inflating Number of Unsearchable Mobile Devices
  13. Oklahoma’s Railroading its Citizens into Prison, by Edward Lyon
  14. Second Circuit Announces Prisoners Have First Amendment Right Not to Snitch or Provide False Information to Prison Officials, by Richard Resch
  15. Under Fire, Long Beach Police Suspend Use of Self-Deleting Message App, by Betty Nelander
  16. Michigan Supreme Court Announces New Rule for Appointing Expert Witness for Indigent Defendants, No Longer Left to Trial Judge’s Discretion, by Dale Chappell
  17. Oregon Enhanced Drug Penalty ‘For Consideration’ Element Requires Proof of Drug Sale or Agreement to Sell, by Mark Wilson
  18. Orlando Police Continue to Test Amazon’s Facial Recognition Software Despite Privacy Concerns
  19. Pennsylvania State Senator Sends the Cops to Collect on Overdue Trash Bills Owed to His Company, by Christopher Zoukis
  20. Colorado Supreme Court Holds Ameliorative Amendments Apply Retroactively to Non-Final Convictions, by Dale Chappell
  21. First Circuit Orders Resentencing Where Trial Counsel Failed to Secure Three-Level Reduction Under Sentencing Guidelines, by David Reutter
  22. Federal Death Penalty Prosecutors Accuse One Another of Destroying Evidence and Other Misconduct in Discrimination Lawsuit, by Shawn Musgrave, Brooke Williams
  23. Ninth Circuit Rules Detective’s Persistent Questioning After Invocation of Right to Counsel Entitles California Prisoner to Habeas Relief, by Richard Resch
  24. Texas Court of Criminal Appeals Reverses Conviction for Improper Lesser-Included-Offense Determination, by Christopher Zoukis
  25. Washington Supreme Court Announces State’s Death Penalty Is Unconstitutional, by Richard Resch
  26. Snarky Facebook Post Not True Threat; Officers Denied Qualified Immunity, by David Reutter
  27. Sixth Circuit Grants Habeas Relief When Juror Failed to Disclose History of Sexual Abuse in Sexual Assault Case, by Christopher Zoukis
  28. New York Court of Appeals: Excited Utterance Must Be Based on Personal Observation to Be Admissible as Exception to Hearsay Rule, by Dale Chappell
  29. Three Reasons Why the Supreme Court Should Eliminate the Doctrine of Qualified Immunity, by Christopher Zoukis
  30. Seventh Circuit: Habeas Petition Challenging § 841 Recidivism Sentence Enhanced with Vacated State Convictions is Not Time-Barred by § 851(e) Statute of Limitations, by Christopher Zoukis
  31. California Court of Appeal Rules 17-Year Delay in SVP Trial Violated Right to Speedy Trial, by Kevin Bliss
  32. Warning: Integrity of Judicial Process at Risk, by Sandy Rozek
  33. Kentucky Supreme Court Declares Law Defining Intellectual Disability Unconstitutional, Overturns Death Sentence, by Dale Chappell
  34. Is Blue Privilege at Work in Texas Police Killings?, by Betty Nelander
  35. Pennsylvania Supreme Court Holds FTA Does Not Affect Independent Speedy Trial Violation by Prosecutor, by Dale Chappell
  36. Habeas Hints: Evaluating and Initiating IAC Claims, by Kent Russell, Tara Hoveland
  37. Should the Minimum Age for the Death Penalty be Bumped Up to 21?
  38. Colorado Supreme Court Announces ‘Preponderance of the Evidence’ Standard for Determining Voluntariness of Consent to Search, by Dale Chappell
  39. Free at Last! California Modifies Its Felony Murder Law, Helping up to 800 Prisoners Currently Serving Life Sentences, by Edward Lyon
  40. Arkansas Supreme Court Reverses Negligent Homicide Conviction Where Evidence Obtained Via Warrantless Blood Draw Used, by Christopher Zoukis
  41. News in Brief
  42. Eyewitness (Mis)Identification in the Criminal Justice System: Powerful, Persuasive, and Problematic, by Christopher Zoukis

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