Skip navigation
Criminal Legal News
The Habeas Citebook: Prosecutorial Misconduct - Header
× You've used up your 3 free articles for this month. Subscribe today.

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 ...

 

Full article and associated cases available to subscribers.

As a digital subscriber to Criminal Legal News, you can access full text and downloads for this and other premium content.

Subscribe today

Already a subscriber? Login

More from this issue:

  1. Indigent Defense in America: An Affront to Justice, by Christopher Zoukis
  2. News in Brief
  3. Mississippi Supreme Court Caps Attorney’s Fees in Wrongful Conviction Cases at 25%
  4. West Virginia Supremes: Previous Nonviolent Crimes, Life Sentence Unconstitutional, by Dale Chappell
  5. Fourth Circuit: No Qualified Immunity for Deputies in Shooting of Armed Suspect, by Dale Chappell
  6. California Court of Appeal Holds State Must Prove Stolen Car’s Value for Felony Theft of Vehicle Conviction, by Dale Chappell
  7. Don't Take a Genetic Test Without Reading This First
  8. “Get Out of Jail” Free Cards for Cops’ Family, Friends Cut, by Christopher Zoukis
  9. Even Prosecutors Can’t Get Secret List of L.A. Cops With Credibility Problems, by Dale Chappell
  10. Sixth Circuit: Sentence Enhancement Inapplicable, Sales of Guns and Drugs Separate, by Dale Chappell
  11. Philly Decriminalizes Possession of Small Amounts of Marijuana, by Christopher Zoukis
  12. Magistrate Judge: Change Rule of Evidence That Allows Prior Conviction to Impeach Witness, by Derek Gilna
  13. New York Court of Appeals: Defendant Denied Right to Speedy Trial After 6-Year Delay, by Richard Resch
  14. Texas Supremes: Possession of Gun Does Not Constitute “Use” Under Forfeiture Statute, by Dale Chappell
  15. Mass. Supremes: Consent to Search in Vehicle Did Not Extend to Engine, by Richard Resch
  16. Gang Enhancement: California Court Reverses Denial of Motion for New Trial, by Derek Gilna
  17. $900,000 to Octogenarian Tased by Police
  18. Fired New Orleans Cops Just Move to Other Departments, by Dale Chappell
  19. U.S. Supreme Court: Guilty Plea No Bar to Defendant Challenging Constitutionality, by Richard Resch
  20. Washington Supremes: Former Prisoner Can Take Bar, by Derek Gilna
  21. Illinois Supremes: Barring Firearms Within 1,000 Feet of Parks Facially Unconstitutional, by Richard Resch
  22. Lack of Criminal Intent: Missouri Supreme Acquits on Drug Possession Charge, by Suzanne Bring
  23. Cops Killed 100 Times More Americans Than Terrorists Did in 2017, by Christopher Zoukis
  24. $275,000 to Man Arrested for Recording Police
  25. 7 Years Pre-Trial Incarceration: Vacated Convictions
  26. Pennsylvania Supreme Court: Police Emergency Lights Next to Parked Car Constitute Seizure, by Dale Chappell
  27. California Supreme: “Beyond a Reasonable Doubt” Standard for Second Strike, by Edward Lyon
  28. Not Disclosed: NSA-Obtained Evidence, by Derek Gilna
  29. Video: A Two-Edged Sword, by Michael Avery
  30. $4.8 Million Settles Kansas City Police Shooting, by Matthew Clarke
  31. Pennsylvania Supremes: Modified “Vertical” Approach to Collective Knowledge Doctrine, by Richard Resch
  32. Defense Fails to Present Diminished Capacity, Ninth Circuit Vacates Murder Convictions, by Christopher Zoukis
  33. Kansas Supremes: No Lifetime Post-Release Supervision, by Derek Gilna
  34. Mass. Disciplines Prosecutors: No More Business as Usual, by Derek Gilna
  35. Miranda Violation: 9th Circuit Reverses Murder Conviction, by Christopher Zoukis
  36. Law Enforcement Scrambles to Hide Stingray Use, by Derek Gilna
  37. Officer-Involved Shooting Data? Hard to Find!, by Christopher Zoukis
  38. Defendant’s Right to Testify Violated: Hawaii Supreme Vacates Conviction, by Norma Gonzalez
  39. Georgia Attempts to Limit Access to Official State Law, by Derek Gilna
  40. Sheriff Wanted Medical Examiner to Alter Reports, by Dale Chappell
  41. Witness Misidentification: Ohio Man’s 14 Convictions Vacated, by Mark Wilson
  42. Texas: Retroactive Application of Law That Decriminalized Specific Conduct Not Violation of Separation of Powers, by Dale Chappell
  43. Data: High Rate of Sexual Abuse by Cops, by Christopher Zoukis
  44. $ Millions to Settle Philly Police Misconduct Cases, by Derek Gilna
  45. Fight Mass Incarceration? There’s an App for That, by Derek Gilna

More from Dale Chappell:

More from these topics:

 

 

Disciplinary Self-Help Litigation Manual - Side
PLN Subscribe Now Ad 450x450
Federal Prison Handbook - Side