Criminal Procedure

No Thin Mints? No Lawyer

August 31, 2012

The Brownsville Herald reports the attorney for a Brownsville, Texas, man charged with sexual assault of a child has filed a motion seeking removal of the presiding judge in the case because she has a bias against the lawyer.  Aroldo Cadriel is accused of aggravated sexual assault of a child and indecency with a child. [...]

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How do you know that?

October 7, 2011

Thanks to a tip from burglars, a central California man has been arrested for possession of child pornography.  Two burglars broke into Kraig Stockard’s barn in Merced County and stole 50 CDs they thought were blank.  After placing the CDs in a computer the burglars discovered some of them contained images of child pornography. Even [...]

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Lawyers Fired for Fussing

September 16, 2011

As a criminal appeals and habeas corpus lawyer, I am always interested in unusual courtroom occurrences.  One such situation recently occurred in Fredericksburg, Virginia.  In an extremely rare judicial move, a Virginia Circuit judge removed both the prosecutor and defense attorney from a child abuse case in which the accused is a former sheriff’s deputy.  [...]

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Would Have Been Flipped on Appeal

July 22, 2011

Even though I am a Texas criminal appeals lawyer, I have more than a passing interest in the Casey Anthony trial in Florida. Now that she has been acquitted on the most serious charges against her, it has been revealed the State of Florida relied on false evidence in an effort to secure her conviction [...]

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How About a Week in Cabo for a Death Penalty?

April 1, 2011

As a criminal appeals lawyer, I have noticed a disturbing trend developing in a number of prosecutor offices around the country.  Supervisors and elected prosecutors are offering prosecutors in their offices bonuses based on their conviction rates or number of cases tried in a given year resulting in criminal convictions.  The bonuses have taken the [...]

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Is That a Real Knife?

February 4, 2011

A Texas criminal appeals lawyer will tell you that prosecutors often allege the use or exhibition of a deadly weapon during the offense for three reasons.  Those reasons concern the available range of punishment, parole eligibility, and eligibility for community supervision.  A lawyer with an emphasis on criminal appeals will be able to determine whether [...]

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Challenging a Guilty Plea

January 6, 2011

What can a criminal appeals lawyer do to help you if you pled guilty to the accusation against you?  As with most questions of law, the answer depends on the facts.  A Texas criminal appeals lawyer can help you determine if you have legitimate grounds to challenge your guilty plea. Constitutional Requirements In order to [...]

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Dismissal of Criminal Appeals

December 17, 2010

I frequently hear from prospective clients telling me they were improperly denied an appeal from their criminal conviction.  Many complain that although they were told by their trial lawyer or the judge that they could appeal, their appeal was never considered because it was dismissed by the appellate court.   30% Dismissal Rate  Over 11,000 new appeals were [...]

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Communicating The Plea Offer, or “I Thought I Told You About That”

December 5, 2010

Plea bargaining is a fact of life in the criminal justice system.  Over 90% of all criminal prosecutions are resolved by means of a plea agreement between the prosecution and the defense. Plea bargaining can be an ongoing process with multiple plea offers over a protracted period of time.  Once an agreement is reached between [...]

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Was The Witness An Accomplice? Maybe Not.

November 16, 2010

A criminal defendant cannot be convicted for a crime solely based on the testimony of an alleged accomplice.  Consider the following: A conviction cannot be had upon the testimony of an accomplice unless corroborated by other evidence tending to connect the defendant with the offense committed; and the corroboration is not sufficient if it merely [...]

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