Fifth Circuit: Evidence of Simple Drug Possession Insufficient to Search Cellphone Photos for Evidence of Drug Trafficking by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Fifth Circuit held that evidence of mere possession of drugs together with an officer’s generalized allegations regarding the behavior of …
News in Brief by California: Santa Clara County Sheriff’s Deputy Sukhdeep Gill, 27, was arrested in January 2021 for faking his own shooting and alleging he’d been a victim in a drive-by shooting while on patrol, according to thefreethoughtproject.com. He was charged with felony vandalism and falsely reporting a crime, …
Texas Supreme Court Announces Factual-Sufficiency Standard of Review in SVP Determinations by Douglas Ankney by Douglas Ankeny The Supreme Court of Texas announced the standard governing factual-sufficiency review of a finding that a person is a sexually violent predator (“SVP”). In 2004, Jeffery Lee Stoddard pleaded guilty to two counts …
Texas Court of Criminal Appeals: Witness Testifying Remotely Via Two-Way Video Without Sufficient Reason Violates Confrontation Clause by Douglas Ankney by Douglas Ankney The Texas Court of Criminal Appeals (“TCCA”) held that permitting a witness to testify via two-way video based on reasons that did not further an important public …
Fifth Circuit: District Court Cannot Delegate to Probation Officer Authority to Impose Inpatient Treatment by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fifth Circuit held that a district judge may not delegate to a probation officer the decision to require inpatient, rather than outpatient, treatment …
Fifth Circuit: Conviction Vacated Because No Reasonable Suspicion to Search Person in High-Crime Area by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Fifth Circuit reversed a defendant’s conviction for possessing a firearm after determining officers lacked reasonable suspicion to stop and search him. Raymond L. …
News in Brief by Arizona: The family of 40-year-old Ryan Whitaker, who was fatally shot in the back by a police officer investigating a noise complaint, settled in December 2020 with the city of Phoenix for $3 million by unanimous City Council vote. Whitaker was shot in the doorway of …
Fifth Circuit Vacates Sentence Eight Times Higher Than Guidelines Range That Was Imposed Without Explanation by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Fifth Circuit vacated a nearly 20-year sentence after the U.S. District Court for the Western District of Texas cited what the Government …
Carillo v. Buendia, TX, Settlement, Wrongful Death, 2021 Pagel of 5 H_ECEIVEO r.ou~ TYRitLEASE. WAIVER AND SETTLEMENT AGREEMENT TTJs JJo~Ji¾ierltcls!Ws48rth the terms and conditions of the Release, WaiVer and Settlement Agreement ("Agreement") between Releaser and Released Parties as herein defined. WHl:REAS "Releasor" means Armando Carrillo, Individually and as Representative of …
Fifth Circuit: Special Conditions of Supervised Release That Barred Use of Internet, Computers, and Electronic Devices for 10 Years Not Substantively Reasonable by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fifth Circuit held that the special conditions of supervised release imposed by the U.S. District …
Texas Police S.W.A.T. Woman Over Anti-Cop Bumper Stickers by Edward Lyon by Ed Lyon Lauren Mestas of Austin, Texas, is an avid supporter of social justice and equality. She attended Black Lives Matter protests in Austin and was an eyewitness to the shooting of AK-47-toting Garrett Foster at the intersection …
Fourth and Fifth Circuits Reopen Decades-Old Cases for Habeas Relief Due to Brady Violations by Dale Chappell by Dale Chappell Within weeks, the U.S. Courts of Appeals for the Fourth and Fifth Circuits opened the doors on two decades-old cases, allowing the possibility for habeas corpus relief based on withheld …
Fifth Circuit: Safety Valve Isn’t Up to the Government by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Fifth Circuit held on August 21, 2020, that it’s not up to the Government to determine whether a defendant qualifies for a reduced sentence under the safety …
News in Brief by Alaska: Police here can fly over property but they “cannot use cameras and drones for aerial searches of property without a warrant,” the Alaska Court of Appeals ruled. “The ruling stems from a 2012 case in which Alaska State Troopers received a tip about marijuana being …
SCOTUS: Counsel’s Failure to Uncover and Present Evidence in Mitigation at Capital Sentencing Requires Remand for Prejudice Determination by Douglas Ankney by Douglas Ankney The Supreme Court of the United States (“SCOTUS”) remanded Terence Tramaine Andrus’ case to the Texas Court of Criminal Appeals (“TCCA”), directing the TCCA “to address …
News in Brief by Arizona: Mariah Valenzuela has filed legal notices against the city of Phoenix and Maricopa County over Phoenix police officer Michael McGillis’ use of force during a January 16, 2020 traffic stop, abc15.com reports. The officer, driving a white van, stopped Valenzuela for allegedly veering across the …
Six eyewitnesses misidentified a murderer – here’s what went wrong in the lineup by Laura Smalarz by Laura Smalarz, Assistant Professor of Psychology, Arizona State University, The Conversation, July 4, 2020 Link to Article Below: https://theconversation.com/six-eyewitnesses-misidentified-a-murderer-heres-what-went-wrong-in-the-lineup-134767 On the strength of six eyewitnesses’ lineup identifications, Lydell Grant was sentenced to life in …
Report: Attorney Appointment a ‘Pay For Play’ Arrangement in Texas County by Kevin Bliss by Kevin Bliss Georgetown Law professor Neel Sukhatme and Texas Criminal Justice Coalition lawyer Jay Jenkins conducted a study of judges and their assignment of legal representation to indigent defendants in Harris County, Texas. They found …
U.S. District Court Chooses Judicial Remedy, Instead of § 2255, to Allow Out-of-Time Appeal by Dale Chappell by Dale Chappell In an unusual move, the U.S. District Court for the Northern District of Texas rejected the typical remedy under 28 U.S.C. § 2255 and instead opted to grant a “judicial …
Never Convicted but Never Exonerated, Either by Edward Lyon by Ed Lyon Issues facing exonerees and wrongfully convicted individuals have been recurring topics in CLN and PLN. Still, there’s another category of arguably similarly situated citizens that must also be paid some attention: Those who were wrongfully accused of crimes …
