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Fifth Circuit: Officer’s Testimony About CI’s Controlled Buy That He Did Not Personally Witness Violates Confrontation Clause

Article • September 15, 2022 • from CLN October, 2022

Filed under: Informants, Confrontation Clause/Rights, Hearsay Evidence

Fifth Circuit: Officer’s Testimony About CI’s Controlled Buy That He Did Not Personally Witness Violates Confrontation Clause by Mark Wilson by Mark Wilson The U.S. Court of Appeals for the Fifth Circuit vacated a Texas defendant’s drug conviction, concluding that the Government flouted his right to confront witnesses against him, …

Texas Court of Criminal Appeals: Warrant to Search Cellphone Must Establish Nexus Between Device and Offense Beyond ‘Boilerplate’ Language About Cellphones Being Ubiquitous and Used in Crimes

Article • September 15, 2022 • from CLN October, 2022

Filed under: Searches - Cellphones/Computers/Internet, Relevance

Texas Court of Criminal Appeals: Warrant to Search Cellphone Must Establish Nexus Between Device and Offense Beyond ‘Boilerplate’ Language About Cellphones Being Ubiquitous and Used in Crimes by Anthony Accurso by Anthony W. Accurso The Court of Criminal Appeals of Texas held that a warrant affidavit failed to link a …

Fifth Circuit: New, Retroactive Supreme Court Decision Allowing SOS Habeas Petition Not New Enough to Avoid Procedural-Default Bar

Article • September 15, 2022 • from CLN October, 2022

Filed under: AEDPA, Procedural Default/Error

Fifth Circuit: New, Retroactive Supreme Court Decision Allowing SOS Habeas Petition Not New Enough to Avoid Procedural-Default Bar by Dale Chappell by Dale Chappell In a decision that further narrows the federal habeas corpus remedy, a divided panel of the U.S. Court of Appeals for the Fifth Circuit held that …

News in Brief

Article • August 15, 2022 • from CLN September, 2022

Filed under: News in Brief

News in Brief by Canada: Techdirt reported that the Royal Canadian Mounted Police (“RCMP”), a division of that country’s federal law enforcement akin to the FBI, used malware to spy on people’s personal communications. The report came after the RCMP admitted to doing so in the summer of 2022. The …

Texas Court of Criminal Appeals Clarifies Prejudice Standard for IAC Based on Faulty Probation Eligibility Advice Is an Effect on Defendant’s Decision Making, Not Different Outcome

Article • July 15, 2022 • from CLN August, 2022

Filed under: Counsel - Effective Assistance of, Probation, Parole & Supervised Release

Texas Court of Criminal Appeals Clarifies Prejudice Standard for IAC Based on Faulty Probation Eligibility Advice Is an Effect on Defendant’s Decision Making, Not Different Outcome by Mark Wilson by Mark Wilson The Court of Criminal Appeals of Texas clarified the correct ineffective assistance of counsel (“IAC”) standard in cases …

News in Brief

Article • July 15, 2022 • from CLN August, 2022

Filed under: News in Brief

News in Brief by California: The Daily News reported that two former police officers from Fullerton and Anaheim were indicted on counts of kidnapping while working illegally as bounty hunters. The former officers were Rodger Corbett, 49, formerly of the Fullerton PD and Kevin Pedersen, 34, formerly of the Anaheim …

Fifth Circuit: District Court Miscalculated Sentencing Guidelines Range by Implausibly Finding Defendant Would Use All Cash Proceeds of Drug Sales Seized to Purchase More Meth to Resell

Article • July 15, 2022 • from CLN August, 2022

Filed under: War on Drugs, Mandatory Minimums

Fifth Circuit: District Court Miscalculated Sentencing Guidelines Range by Implausibly Finding Defendant Would Use All Cash Proceeds of Drug Sales Seized to Purchase More Meth to Resell by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fifth Circuit held that the U.S. District Court for the …

Estate of Savion Hall v. Midland County, TX, Order Approving Settlement Agreement, Wrongful Death, 2022

Brief • June 30, 2022

Filed under: Wrongful Death, Medical Neglect/Malpractice

Estate of Savion Hall v. Midland County, TX, Order Approving Settlement Agreement, Wrongful Death, 2022 Case 7:21-cv-00111-DC Document 56 Filed 06/30/22 Page 1 of 6 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS MIDLAND/ODESSA DIVISION ANGELA ROBINSON, individually; CLARA BUSBY, as next friend, guardian, and parent of minors …

Deputy U.S. Marshall Tracks Girlfriends With Sensitive Law Enforcement Tool

Article • June 22, 2022

Filed under: Police Misconduct, Police State-Surveillance, Cell-Phone Location/Tracking Data

Deputy U.S. Marshall Tracks Girlfriends With Sensitive Law Enforcement Tool by Kevin Bliss by Kevin Bliss Ex-Deputy U.S. Marshall Adrian O. Pena was charged with 11 counts of unauthorized use of law enforcement services for personal gain. The charges involve nine people known to Pena through personal relationships and their …

Texas Police Refuse to Release Bodycam Footage From the Uvalde School Shooting, Claiming It Could Expose Law Enforcement ‘Weakness’

Article • June 16, 2022

Filed under: Police Misconduct, Videotaping, Failure to Protect (Juveniles), Police/Govt Misconduct

Texas Police Refuse to Release Bodycam Footage From the Uvalde School Shooting, Claiming It Could Expose Law Enforcement ‘Weakness’ by Brooke Kaufman by Brooke Kaufman According to reporting from VICE News, the Texas Department of Public Safety (“DPS”) is trying to prevent the public from seeing police body cam footage …

News in Brief

Article • June 15, 2022 • from CLN July, 2022

Filed under: News in Brief

News in Brief by News in Brief Britain: A court hearing at London’s highest legal body is scheduled for late June 2022, The Guardian reported. It will concern a lawsuit brought against the City of London police for allegedly wrongfully tasering a Black man on April 7, 2018. Case was …

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

Article • June 15, 2022 • from CLN July, 2022

Filed under: New Trial Motions, Speedy Trial Clock - Tolling of

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 by Matt Clarke The Court of Appeals of Texas held that a motion for a new trial that has been overruled by the trial …

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

Article • June 15, 2022 • from CLN July, 2022

Filed under: Police/Govt Misconduct, Drugs - Determination of, Fabrication of Evidence, False Exculpatory Statements

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 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 …

State of Texas Auditor-Annual Report on Classified Employee Turnover Fiscal Year 2021, March 2022

Publication • 2022

Filed under: Guards/Staff

State of Texas Auditor-Annual Report on Classified Employee Turnover Fiscal Year 2021, March 2022 Lisa R. Collier, CPA, CFE, CIDA State Auditor An Annual Report on Classified Employee Turnover for Fiscal Year 2021 March 2022 Report No. 22-702 State Auditor’s Office reports are available on the Internet at http://www.sao.texas.gov/. An …

Audit Report-Dept of Public Safety's Texas Gang Intelligence Database-Aug. 2022

Publication • 2022

Filed under: Prison Gangs

Audit Report-Dept of Public Safety's Texas Gang Intelligence Database-Aug. 2022 Lisa R. Collier, CPA, CFE, CIDA State Auditor An Audit Report on The Department of Public Safety’s Texas Gang Intelligence Database August 2022 Report No. 22-039 State Auditor’s Office reports are available on the Internet at https://sao.texas.gov/. An Audit Report …

News in Brief

Article • May 15, 2022 • from CLN June, 2022

Filed under: News in Brief

News in Brief by Connecticut: On Apr. 15, 2022, a Norwalk police officer of 10 years was arrested of assaulting a family member. WVIT, a news channel serving New Britain, reports that officer Jermaine Nash, 44, was arrested after a call was made to police in the mid-afternoon of the …

Texas Prosecutor Spent 20-Year Career Also Working as Law Clerk to Judges He Appeared Before

Article • May 5, 2022

Filed under: Attorney Misconduct, Conflict of Interest

Texas Prosecutor Spent 20-Year Career Also Working as Law Clerk to Judges He Appeared Before by Kevin Bliss by Kevin W. Bliss Ralph Petty— retired prosecuting attorney of Midland County, Texas—has been accused of manipulating justice to meet his own ends for the 20 years he served in that role. …

Texas Court of Criminal Appeals: Trial Court Did Not Abuse Discretion by Granting Rule 508 Motion to Dismiss Capital Murder Charge Where State Refused to Disclose Identity of Confidential Informant

Article • March 15, 2022 • from CLN April, 2022

Filed under: Informants, Capital Punishment, Classified Documents/Materials/Evidence

Texas Court of Criminal Appeals: Trial Court Did Not Abuse Discretion by Granting Rule 508 Motion to Dismiss Capital Murder Charge Where State Refused to Disclose Identity of Confidential Informant by Douglas Ankney by Douglas Ankney The Court of Criminal Appeals of Texas reversed a judgment of the Court of …

Fifth Circuit: Aggravated Assault in Texas Does Not Qualify as Aggravated Felony Under 8 U.S.C. § 1326(b)(2), Reentry With Prior Aggravated Felony

Article • March 15, 2022 • from CLN April, 2022

Filed under: Prior Felony Information

Fifth Circuit: Aggravated Assault in Texas Does Not Qualify as Aggravated Felony Under 8 U.S.C. § 1326(b)(2), Reentry With Prior Aggravated Felony by Jacob Barrett by Jacob Barrett OnremandfromtheU.S. SupremeCourt, the Court of Appeals for the Fifth Circuit held in light of Borden v.United States,141 S. Ct. 1817 (2021), Alan …

News in Brief

Article • March 15, 2022 • from CLN April, 2022

Filed under: News in Brief

News in Brief by Alabama: Techdirt reports that police in Brookside have routinely violated the law in traffic enforcement. By early February 2022, it was clear that the local police department in the small town had been racking up staggering amounts of income in traffic fines, receiving more than $600,000 …