Criminal

Gamble vs. United States (2019)The Supreme Court handed down its decision in Gamble vs. United States (No. 17–646) on Monday in which the Court declined to put an end to state and federal prosecutors punishing individuals twice for the same crime. In its 7-2 decision, the Court declined to overturn the dual-sovereignty doctrine. While the Fifth … Read moreDual Sovereignty Reigns Over Double Jeopardy | Gamble vs. United States (2019)

Updated: June 20, 2019 There are a number of criminal justice bills that have passed through both the House and the Senate. Some of these have already been signed by the Governor and are already in effect. Most of them have been signed into law and will go into effect on September 1, 2019. A few … Read moreNew Criminal Laws | 2019 Legislative Update

Does Accident + Felony DWI = Deadly WeaponIn Couthren v. State, the Texas Court of Criminal Appeals held a person accused of felony driving while intoxicated may only be charged with using a  motor vehicle as a deadly weapon if the manner in which the defendant was driving could cause death or serious bodily injury. In … Read moreDoes a DWI Felony + Wreck = Deadly Weapon Finding?

DWI Second Offense | DWI Misdemeanor Repetition in Texas Quick Navigation DWI Second Offense | DWI Misdemeanor Repetition in TexasJail as a Condition of Probation on a DWI Second in TexasOther Conditions of Probation of DWI Second in TexasBond Conditions of DWI Second in TexasFines for DWI Second in TexasLicense Surcharges for DWI Second Convictions … Read moreWhy do DWI second charges require jail time for probated sentences?

When do the police need a warrant to search blood in intoxication cases?The Court of Criminal Appeals handed down State v. Martinez, answering whether the State’s testing of blood previously drawn by hospital personnel for medical purposes constitutes a search under the Fourth Amendment.  Quick Navigation When do the police need a warrant to search blood … Read moreWarrant Required for Law Enforcement to Test Blood Drawn for Medical Purposes

 The Texas Court of Criminal Appeals recently went to great lengths to explain how it came to decision with a different result than the United States Supreme Court in Carpenter v. U.S.   In Sims v. State, the Court of Criminal Appeals determined a search warrant was not required when using real-time cell site location information (CSLI) … Read moreSims v. State: Can police obtain real-time cell site location without warrant?

Timbs v. Indiana: SCOTUS Boot on the Throat of Policing for Profit?The Supreme Court, in Timbs v. Indiana, recently handed down a unanimous decision that may be the death knell for “policing by profit,” limiting both police and prosecutors across the country. The Court held that the Eighth Amendment protection against excessive fines, including forfeiture … Read moreTimbs v. Indiana: SCOTUS Boot on the Throat of Policing for Profit?