News in Brief by Alaska: In a rare move, federal prosecutors asked an Alaska judge to vacate the 2019 assault conviction of long-time felon Johnny-Lee Preston Burk, citing a concealed relationship between the presiding judge and a prosecutor in the case. The Alaska Beacon reported that United States District Judge …
Texas Court of Criminal Appeals Grants Habeas Relief in ‘Shaken Baby Syndrome’ Case by Sam Rutherford by Sam Rutherford The Criminal Court of Appeals of Texas, the state’s highest court in criminal cases, granted a prisoner’s habeas corpus petition based on advances in science that undermined the validity of evidence …
Texas Court of Criminal Appeals Announces Prosecution’s Duty to Provide Discoverable Evidence Upon Request Applies to Discoverable Items in Law Enforcement Agencies’ Possession Unbeknownst to Prosecution and Exclusion Is Appropriate Remedy for Violation by Sam Rutherford by Sam Rutherford The Texas Court of Criminal Appeals, that state’s highest court of …
News In Brief by Alabama: A former Tuscumbia police officer was sentenced to 20 years in prison on August 24, 2024, after pleading guilty to manslaughter in connection with a fatal pedestrian accident. The incident occurred in October 2022 when James “Jay” Keith Steward’s vehicle struck and killed 60-year-old Terry …
Texas Court of Criminal Appeals: Trial Court Violated Defendant’s ‘Due Process’ Right to Be Present During Zoom Probation Revocation Hearing by Muting Him by Sam Rutherford by Sam Rutherford The Court of Criminal Appeals of Texas, that state’s highest court of review in criminal cases, held that a trial court …
HRDC v. Grayson County, TX, Complaint, Censorship, 2024 Case 4:24-cv-00828 Document 1 Filed 09/12/24 Page 1 of 27 PageID #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION HUMAN RIGHTS DEFENSE CENTER, Plaintiff, v. COMPLAINT JURY DEMANDED GRAYSON COUNTY, TEXAS; and TOM WATT, …
HRDC v. Grayson County, TX, Complaint, Censorship, 2024 Case 4:24-cv-00828 Document 1 Filed 09/12/24 Page 1 of 27 PageID #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION HUMAN RIGHTS DEFENSE CENTER, Plaintiff, v. COMPLAINT JURY DEMANDED GRAYSON COUNTY, TEXAS; and TOM WATT, …
Texas Court of Criminal Appeals Holds Admission of Defendant’s Rap Videos at Trial Was Unfair Propensity Evidence and Orders New Trial by Sam Rutherford by Sam Rutherford The Court of Criminal Appeals of Texas, that state’s highest court of review in criminal cases, held that a trial court erred in …
Texas Man Exonerated by DNA Evidence After 25 Years of Maintaining His Innocence by Jo Ellen Nott by Jo Ellen Nott Martin Lucio Santillan, now 50 years old, was fully exonerated in the Frank Crowley Criminal Courts in Dallas, Texas, on March 22, 2023. His 25 years of wrongful imprisonment …
SCOTUS Clarifies Nieves Exception to Lack of Probable Cause Requirement for First Amendment Retaliatory-Arrest Claim Does Not Require ‘Virtually Identical and Identifiable Comparators’ by Sam Rutherford by Sam Rutherford In a short, per curiam opinion, the Supreme Court of the United States clarified the scope of the exception set out …
Bluetooth Surveillance Tool Added to List of Known Cache of DHS’ Surveillance Technology by Douglas Ankney by Douglas Ankney The Department of Homeland Security (“DHS”) has an impressive cache of surveillance technology that includes, inter alia, automated license plate readers (“ALPR”) and cell-site simulators (“CSS”). The latest tracking and …
Fifth Circuit: Admission of DHS Investigation Form G-166F at Trial Where Preparer of Form Did Not Testify Violates Confrontation Clause and Rule Against Hearsay by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fifth Circuit held that the admission of Department of Homeland Security (“DHS”) Investigation …
Texas Court of Criminal Appeals Announces Correct Computation of Time for Purposes of Determining When Statute of Limitations Has Run for Returning Indictment by Douglas Ankney by Douglas Ankney The Court of Criminal Appeals of Texas explained the proper procedure for computing periods of time for purposes of determining the …
Moreno v. USA, TX, Complaint, False Imprisonment, 2024 Case 1:24-cv-00245 Document 1 Filed 03/05/24 Page 1 of 60 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION NYLSSA PORTILLO MORENO, Plaintiff v. NO. 1:24-cv-00245 UNITED STATES OF AMERICA; U.S. DEPARTMENT OF HOMELAND SECURITY; U.S. CITIZENSHIP …
In Re Tehum Care Services, Inc., -Response of the U.S. Trustee to the Motion of the Official Committee of Tort Claimants Case 23-90086 Document 1381 Filed in TXSB on 02/23/24 Page 1 of 3 IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION IN RE: …
In Re Tehum Care Services, Inc., -Motion for Leave to File Amici Curiae Brief in Support of The Official Committee of Tort Claimant Case 23-90086 Document 1393 Filed in TXSB on 02/23/24 Page 1 of 9 IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION …
In Re Tehum Care Services, Inc., -Brief of Amici Curiae Supporting the Tort Claimants Committe's Motion to Dismiss Case 23-90086 Document 1393-1 Filed in TXSB on 02/23/24 Page 1 of 23 IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION In re: Chapter 11 TEHUM …
In Re Tehum Care Services., Inc-Motion for Leave to File Amici Curiae Brief , 2024 Case 23-90086 Document 1393 Filed in TXSB on 02/23/24 Page 1 of 9 IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION In re: Tehum Care Services, Inc., Debtor. ) …
In ReTehum Care Sevices, Inc-Brief of Amici Curiae Supporting the Tort Claimants Committee's Motion to Dismiss, 2024 Case 23-90086 Document 1393-1 Filed in TXSB on 02/23/24 Page 1 of 23 IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION In re: Chapter 11 TEHUM CARE …
