Criminal

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?

Case Analytics and the Criminal Justice System: A Look at Tarrant County

Sharen Wilson Tarrant County District Attorney

Case Analytics and the Criminal Justice SystemCase analytics are big business in the world of civil litigation. They help lawyers understand what cases are worth, what motions a given judge is most likely to grant, and what juries are doing in a specific jurisdiction. While each case is unique, this data helps shape litigation strategy, … Read moreCase Analytics and the Criminal Justice System: A Look at Tarrant County

Contraband Smuggling: Consequences of Sneaking Items into Jail and Prison

Contraban Smuggling: Sneaking items into jail or prison

Inmates have been smuggling prohibited or illegal items, such as drugs, tobacco, cellphones, and weapons, into jails and prison for decades. They often recruit friends or relatives to bring unauthorized items during visitation or send them through the mail. Sometimes, guards or staff members are on the take. In recent years, there has been an increase in the use of drones to fly items over prison walls.  In a highly-publicized case last year, an Oregon woman … Read moreContraband Smuggling: Consequences of Sneaking Items into Jail and Prison

Gamble v. United States: Supreme Court Takes Up Double Jeopardy Case

Gamble v. United States

On December 6, 2018, the United States Supreme Court heard oral arguments in Gamble v. United States, which challenges a 170-year-old exception to the Double Jeopardy Clause. This exception is called the Separate Sovereigns or Dual Sovereigns Exception. The case presents a good opportunity to discuss Double Jeopardy in general, the history of the dual … Read moreGamble v. United States: Supreme Court Takes Up Double Jeopardy Case

Tampering with Evidence | Fort Worth Criminal Defense

tampering with evidence in texas

Tampering with Evidence in TexasIf you followed the news last year, you may have seen that former USA Gymnastics president Steve Penny was indicted in September 2018 for tampering with evidence in Texas, stemming from allegations he ordered the removal of documents from a training center during an investigation. And a month after that, a … Read moreTampering with Evidence | Fort Worth Criminal Defense