Dual Sovereignty Reigns Over Double Jeopardy | Gamble vs. United States (2019)

Gamble v. United States

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)

Why do DWI second charges require jail time for probated sentences?

DWI Second Offense

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?

The First Step Act: What You Need to Know

understanding the first step act

In the past  months, hundreds of inmates have been released early from federal prison. Some of the released prisoners were elderly or ill, but most were just non-violent offenders who have exhibited good behavior behind bars. They are the early beneficiaries of the First Step Act, a new law aimed at ending mass incarceration, reducing … Read moreThe First Step Act: What You Need to Know

Warrant Required for Law Enforcement to Test Blood Drawn for Medical Purposes

DWI blood draw warrant

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

Sims v. State: Can police obtain real-time cell site location without warrant?

Sims v. State

 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?

Timbs v. Indiana

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?