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Texas Court of Criminal Appeals Clarifies Application of ‘Estoppel’ in Plea Bargain Context and Holds Trial Court Lacked Jurisdiction to Revoke Community Supervision After Statutory Term Expired

Article • December 15, 2023 • from CLN December, 2023

Filed under: Sentence, Estoppel, Plea Agreements/Guilty Pleas

Texas Court of Criminal Appeals Clarifies Application of ‘Estoppel’ in Plea Bargain Context and Holds Trial Court Lacked Jurisdiction to Revoke Community Supervision After Statutory Term Expired by Richard Resch by Richard Resch The Court of Criminal Appeals of Texas held a trial court lacked jurisdiction to revoke community supervision …

Texas Using Highly Sophisticated Israeli Phone Tracking Software

Article • December 15, 2023 • from CLN December, 2023

Filed under: Police State-Surveillance, Electronic Surveillance

Texas Using Highly Sophisticated Israeli Phone Tracking Software by Jo Ellen Nott by Jo Ellen Nott Texas Governor Greg Abbott (R) launched Operation Lone Star in March 2021 after declaring a state of emergency in response to a rise in border crossings and fentanyl trafficking in southern Texas. As part …

Fifth Circuit: Fourth Amendment Seizure Occurred When Officer Pulled Behind Parked Vehicle, Activated Emergency Lights, and Simultaneously Ordered Suspect to Remain in Vehicle

Article • December 15, 2023 • from CLN December, 2023

Filed under: Search and Seizure, Searches - Automobile, Seizure, Freedom of Movement, Traffic Stops

Fifth Circuit: Fourth Amendment Seizure Occurred When Officer Pulled Behind Parked Vehicle, Activated Emergency Lights, and Simultaneously Ordered Suspect to Remain in Vehicle by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fifth Circuit held that a Fourth Amendment seizure occurred when an officer, with emergency …

News in Brief

Article • November 1, 2023 • from CLN November, 2023

Filed under: News in Brief

News in Brief by Alabama: According to The New York Times, the most notable sack and fumble of the Jefferson County high school football game on September 14, 2023, came after the game ended and the police were in the process of clearing the stadium. In the tradition of historically …

Texas Court of Criminal Appeals Holds Granting Motion for New Trial Because ‘Verdict Is Contrary to Law and Evidence,’ Without Further Explanation, Bars Retrial

Article • October 1, 2023 • from CLN October, 2023

Filed under: Grounds for Appeal, New Trial - Motions for, Compelling Evidence

Texas Court of Criminal Appeals Holds Granting Motion for New Trial Because ‘Verdict Is Contrary to Law and Evidence,’ Without Further Explanation, Bars Retrial by Matthew Clarke by Matt Clarke In a case of first impression, the Court of Criminal Appeals of Texas held that granting a motion for new trial …

News in Brief

Article • October 1, 2023 • from CLN October, 2023

Filed under: News in Brief

News in Brief by Arizona: According to information attained by Hatewatch, the leader of the extremist Constitutional Sheriffs and Peace Officers Association emailed a video regarding an investigation into his son which could potentially cause the father to be prosecuted. Richard Mack sent a video of his son’s alleged child …

In Re Tehum Care Services, Inc, Stip and Order Re Christopher Brightlys Motion to Lift Stay, 2023

Brief • September 19, 2023

Filed under: Failure to Treat

In Re Tehum Care Services, Inc, Stip and Order Re Christopher Brightlys Motion to Lift Stay, 2023 Case 23-90086 Document 966 Filed in TXSB on 09/19/23 Page 1 of 3 United States Bankruptcy Court Southern District of Texas ENTERED IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF …

Travis County, Texas, Efforts to Keep Mentally Ill Individuals Out of Jail Face Funding, Infrastructure, and Information Management Challenges

Article • September 1, 2023 • from CLN September, 2023

Filed under: Cost of Prison Systems, Mental Health, Failure to Treat (Mental Illness)

Travis County, Texas, Efforts to Keep Mentally Ill Individuals Out of Jail Face Funding, Infrastructure, and Information Management Challenges by Jo Ellen Nott by Jo Ellen Nott Travis County is in Central Texas, 150 miles inland from the Gulf of Mexico. The city of Austin, the state capital and county …

News in Brief

Article • September 1, 2023 • from CLN September, 2023

Filed under: News in Brief

News in Brief by California: Reported by KHSL in Chico/Redding, Nicholas Lee Rush, 49, a Chico Police Officer, has been charged with providing marijuana to an underage family member, 17, and also encouraging the teen to share the stash with his girlfriend. In 2022, an investigation into whether Rush was …

Jimenez v. Lumpkin, TX, Order to Dismiss, Wrongful Conviction, 2023

Brief • August 3, 2023

Filed under: Wrongful Conviction

Jimenez v. Lumpkin, TX, Order to Dismiss, Wrongful Conviction, 2023 Case 1:12-cv-00373-RP Document 116 Filed 08/03/23 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION ROSA ESTELLA OLVERA JIMENEZ, PETITIONER, V. Case No. A-12-CV-373-RP BOBBY LUMPKIN, RESPONDENT. __________________________________________ ORDER In 2016, …

News in Brief

Article • August 1, 2023 • from CLN August, 2023

Filed under: News in Brief

News in Brief by California: The District Attorney for Los Angeles County, George Gascón, announced that a police officer in San Fernando was charged with theft. CBS News reported that the officer, Jeffrey King, 37, was handed charges on June 6, 2023, of misdemeanor petty theft, felony extortion, and felony …

Police Unions Continue Overt and Covert Actions Designed to Weaken Oversight Boards

Article • August 1, 2023 • from CLN August, 2023

Filed under: Police Misconduct, Police

Police Unions Continue Overt and Covert Actions Designed to Weaken Oversight Boards by Douglas Ankney by Douglas Ankney The group “Voters for Oversight and Police Accountability” (VOPA) apparently amassed the 25,000 signatures needed in Austin, Texas, to have a referendum entitled “Austin Police Oversight Act” added to the ballot. But …

Jimenez v. Lumpkin, TX, Mandate, Wrongful Conviction, 2023

Brief • August 1, 2023

Filed under: Wrongful Conviction

Jimenez v. Lumpkin, TX, Mandate, Wrongful Conviction, 2023 Case: 19-51083 Document: 233-1 Page: 1 Date Filed: 08/01/2023 United States Court of Appeals FIFTH CIRCUIT OFFICE OF THE CLERK LYLE W. CAYCE CLERK TEL. 504-310-7700 600 S. MAESTRI PLACE, Suite 115 NEW ORLEANS, LA 70130 August 01, 2023 Mr. Philip Devlin …

Matthews v. Green, TX, Reply Brief of Appellant Dare Matthews, False Arrest, 2023

Brief • July 5, 2023

Filed under: False Arrest

Matthews v. Green, TX, Reply Brief of Appellant Dare Matthews, False Arrest, 2023 No. 23-10178 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT DARE MATTHEWS, Plaintiff-Appellant, versus DETECTIVE E. GREEN, Individually; STEPHANIE SPRINGER, Individually, Defendants-Appellees. On Appeal from the United States District Court for the Northern District …

Fifth Circuit: Placing Jacket Within Fenced-In Area of Home in Presence of Police Evidences Clear Intent Not to Abandon It, Warrantless Search Violates Fourth Amendment Rights

Article • June 15, 2023 • from CLN July, 2023

Filed under: Fourth Amendment, rights, Warrantless Searches, Searches - Home/Curtilage, Specific Intent

Fifth Circuit: Placing Jacket Within Fenced-In Area of Home in Presence of Police Evidences Clear Intent Not to Abandon It, Warrantless Search Violates Fourth Amendment Rights by Richard Resch by Richard Resch The U.S. Court of Appeals for the Fifth Circuit held that police violated a defendant’s Fourth Amendment rights …

Texas Court of Criminal Appeals: Trial Court Deprived Defendant of Opportunity to Present Complete Defense

Article • June 15, 2023 • from CLN July, 2023

Filed under: Appeals/Appellate Jurisdiction, Best Evidence Rule, Evidence - Failure to Disclose, Prosecutorial Misconduct

Texas Court of Criminal Appeals: Trial Court Deprived Defendant of Opportunity to Present Complete Defense by Douglas Ankney by Douglas Ankney  The Court of Criminal Appeals of Texas held that the trial court erred when it prohibited William Rogers from presenting evidence to support his claim of self-defense and also …

Audit Report on Capital Projects at the Dept of Criminal Justice, March 2023

Publication • 2023

Filed under: Costs

Audit Report on Capital Projects at the Dept of Criminal Justice, March 2023 An Audit Report on OVERVIEW Page |1 Capital Projects at the Department of Criminal Justice Lisa R. Collier, CPA, CFE, CIDA  The Department of Criminal Justice (Department) had strong processes for monitoring capital projects, including projects …

Anderson v Grayson County, TX, Complaint, Failure to Appoint Counsel, 2023

Brief • May 16, 2023

Filed under: Appointment of Counsel, Effective Assistance of Counsel

Anderson v Grayson County, TX, Complaint, Failure to Appoint Counsel, 2023 Case 4:23-cv-00439 Document 1 Filed 05/16/23 Page 1 of 18 PageID #: 1 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION CHAZDON ANDERSON, Plaintiff, v. GRAYSON COUNTY; HON. JAMES P. FALLON, in his official capacity …

News in Brief

Article • May 15, 2023 • from CLN June, 2023

Filed under: News in Brief

News in Brief by Arkansas: The DOJ announced on Jan. 24, 2023, that two former police officers in Crawford County were charged with excessive use of force after beating a man at a gas station. The New York Times reported that the two former officers, Zackary King and Levi White, …

Police Won’t Give Up Militarization Without a Fight

Article • May 7, 2023

Filed under: Excessive Force (Police)

Police Won’t Give Up Militarization Without a Fight by In the wake of the tragic mass shooting in Uvalde, Texas, where 19 students and two teachers lost their lives, attention has been drawn not only to the devastating loss but also to the prolonged 77-minute delay it took for police …