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Texas Court of Criminal Appeals Announces Coty’s ‘Inference-of-Falsity’ Framework Extended to Apply to Police Officers With Established History of Falsifying Evidence in Drug Cases
Loaded on June 15, 2022
by Richard Resch
published in Criminal Legal News
July, 2022, page 26
Filed under:
Police/Govt Misconduct,
Drugs - Determination of,
Fabrication of Evidence,
False Exculpatory Statements.
Location:
Texas.
by Richard Resch
The Court of Criminal Appeals of Texas announced that the inference-of-falsity framework set forth in Ex parte Coty,418 S.W.3d 597 (Tex. Crim. App. 2014), applicable to state-actor lab technicians and forensic scientists, also applies to cases involving police officers with a proven history of falsifying evidence ...
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More from this issue:
- Blue Lies Matter, by Nia T. Evans
- Missouri Supreme Court: Witness’ Two-Way Live Video Feed Testimony Violates Confrontation Clause, by Jacob Barrett
- Federal Habeas Corpus: Jurisdictional Pitfalls When Seeking Habeas Relief, by Dale Chappell
- New Jersey Supreme Court: Description of Race and Gender of Robbery Suspects, Without More, Doesn’t Constitute Reasonable Suspicion for Investigatory Traffic Stop of Black Motorists, by Mark Wilson
- Commentary: Attacking the Guilty Plea—Court Cautions More Time Possible in Child Porn Case if Post-Conviction Motion Successful, by Dale Chappell
- SCOTUS: No Procedural-Default Exceptions to Excuse Federal Habeas Evidentiary Hearing Bar, by Dale Chappell
- Ohio Supreme Court: Constitutionality of Indeterminate Sentence Under Reagan Tokes Law May Be Challenged on Direct Appeal, by David M. Reutter
- Idaho Supreme Court: Telephonic Testimony Violated Defendant’s Sixth Amendment Right to Confrontation, by David M. Reutter
- Ninth Circuit Holds Statute Criminalizing Encouraging or Inducing Alien to Reside in U.S. Is Overbroad and Facially Unconstitutional, by Mark Wilson
- Federal Prosecutors Directed to Stop Obtaining Compassionate Release Waivers From Defendants During Plea Agreements and to Not Enforce Previously Obtained Waivers, by Harold Hempstead
- Cop Training Other Cops to Use Facial Recognition to ID Individuals During Traffic Stops, by Anthony Accurso
- Seventh Circuit: District Court’s Failure to Exercise Discretion After Erroneously Finding Defendant Ineligible for Relief Under First Step Act Was Abuse of Discretion, by Douglas Ankney
- Seventh Circuit Vacates Sentence Where District Court’s Rationale for Defendant’s Offense Level Unclear, by Douglas Ankney
- Supreme Court of Iowa: Sentence Vacated Because Prosecution Failed to Follow Spirit of Plea Agreement Requiring Recommendation of Suspended Sentence, by David M. Reutter
- California Court of Appeal: Trial Court Violated Humphrey by Setting High Bail Without Considering Financial Condition of Defendant or Nonfinancial Conditions of Release, by Matthew Clarke
- U.S. Treasury Bypasses Fourth Amendment by Buying Location Data for Law Enforcement Purposes, by Anthony Accurso
- Texas Court of Criminal Appeals Announces Coty’s ‘Inference-of-Falsity’ Framework Extended to Apply to Police Officers With Established History of Falsifying Evidence in Drug Cases, by Richard Resch
- The Feds Are Monitoring Messaging Apps, and Some Are Shockingly Unsecure, by Anthony Accurso
- Cops in Virginia Beach Used Fake DNA Reports During Interrogations, by Douglas Ankney
- Tenth Circuit Vacates Special Conditions of Supervised Release Where District Court Failed to Make Appropriate Findings and Provide Adequate Explanation, by Douglas Ankney
- Fourth Circuit: Good Cause Not Required to Withdraw Consent to Magistrate Judge’s Jurisdiction Prior to Other Parties Consenting, by Harold Hempstead
- Kentucky Supreme Court: Traffic Stop Impermissibly Extended Where Officer Stopped Writing Citation to Aid Drug-Detection Dog’s Sniff of Vehicle’s Exterior, by Anthony Accurso
- New Jersey Supreme Court: Youth May Be Considered as a Mitigating Factor but Not Aggravating Factor in Sentencing, by David Reutter
- Texas Court of Criminal Appeals Announces Overruled Motion for New Trial May Be Amended With Court’s Leave Within 30-Day Period After Sentenced Imposed, by Matthew Clarke
- Tenth Circuit Announces District Court Abused Discretion by Imposing Harsher Sentence Based on Defendant’s Decision to Plead Guilty Without Plea Agreement, by David Reutter
- Expert Forensic Testimony Flawed by Implicit Racial Bias, by Casey Bastian
- Oregon Becomes 38th State to Enact Wrongful Conviction Compensation Law, by Mark Wilson
- Federal Officers Can Violate Civil Rights With Near Impunity - Supreme Court’s Refusal to Consider New Bivens Contexts Provides Protection to Those Who Abuse Their Authority, by Casey Bastian
- Organization Created Platform to Log Police Misconduct in North Carolina, by Ashleigh Dye
- A Union Scandal Landed Hundreds of NYPD Officers on a Secret Watchlist. That Hasn’t Stopped Some From Jeopardizing Cases., by Jake Pearson
- Police Outsourcing Reduces Transparency, by Anthony Accurso
- COVID-19 Measures Do Not Interfere with Jurors’ Ability to Distinguish Between Truth and Lies, by Casey Bastian
- The Right to be Forgotten, by David Reutter
- Oregon Bans Pre-Conviction Mugshot Public Disclosure, by Mark Wilson
- Racially Disparate Sentencing Patterns Prevalent Amongst Federal Judges, by Casey Bastian
- What Happened When Oakland Tried to Make Police Pay For Misconduct Decades Ago, by Akintunde Ahmad
- Council of State Governments Initiates Efforts to Reduce Barriers to Employment for the Formerly Incarcerated, by Douglas Ankney
- News in Brief
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- SCOTUS Announces Courts May Not Consider § 3553(a)(2)(A)—Retribution—When Deciding Whether to Revoke a Term of Supervised Release, Aug. 1, 2025
- Understanding Your Constitutional Rights in the ‘100-Mile Border Zone’: A Primer for Non-Citizens in the United States When Confronted by Law Enforcement, July 1, 2025
- South Carolina Supreme Court Announces Traditional Four-Element Standard for When Person Has Right to Use Deadly Force in Self-Defense Not Applicable to Non-Deadly Force Self-Defense Analysis, May 15, 2025
- SCOTUS Announces Only ‘False’ Statements Made to FDIC Are Criminalized Under 18 U.S.C. § 1014, Not Statements That Are ‘Misleading’ but True, May 15, 2025
- From the Editor Everything You Always Wanted to Know About Holdings and Dicta*, March 15, 2025
- From the Editor, Dec. 15, 2024
- New York Court of Appeals Overturns Harvey Weinstein’s Convictions Based on Trial Court Rulings That Admitted Prejudicial ‘Prior Bad Acts’ Into Evidence and Violated His Right to Testify in His Own Defense, June 15, 2024
More from these topics:
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- Los Angeles County Pays $24 Million to Two Former Prisoners Wrongly Convicted as Teens of 1997 Murder, May 1, 2025. Informants, Settlements, Wrongful Conviction, False Exculpatory Statements.
- $1.5 Million Settlement For In-Custody Injury by New York Police, March 1, 2025. Guard Brutality/Beatings, Settlements, Police/Govt Misconduct, Prison Brutality.
- Former Vermont Sheriff Takes Plea Deal in Sexual Assault Case, March 1, 2025. Staff-Prisoner Assault, Police/Govt Misconduct, Plea Agreements/Guilty Pleas.
- Prison Profiteers Ready to Help Trump Make Good on Deportation Threats, Feb. 15, 2025. GEO Group/Wackenhut, Government Misconduct, Deportation/Removal/Exclusion, Police/Govt Misconduct.
- Tennessee Finalizes New One-Drug Execution Protocol, Feb. 15, 2025. Death Penalty/Death Row, Drugs - Determination of, Lethal Injection Method of Execution.
- First Circuit Holds No Emergency-Aid Exception to Warrant Requirement Where Police Have Information That Subject Is Already Deceased, Feb. 15, 2025. Emergency Aid Doctrine, Police/Govt Misconduct, Warrants - Requirements/Scope/Exceptions, Statements By a Deceased Person.
- Law Enforcement Obscures Use of Facial Recognition Technology, Feb. 15, 2025. Computer Searches, Police State-Surveillance, Electronic Surveillance, Police/Govt Misconduct.
- Police Departments Are Now Using AI to Write Reports, Feb. 15, 2025. Police Misconduct, Computer Searches, Electronic Surveillance, Police/Govt Misconduct, Police Reports.
- Maryland Supreme Court Announces New Constitutional Rule Requiring Voir Dire Questions Related to Child-Witness Credibility and Abrogates Prior Inconsistent Case Law, Dec. 15, 2024. Juveniles, Voir Dire, False Exculpatory Statements, Statements of Defendant.