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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What Would You Do? Excluding Dog Tracking Evidence.

November 19, 2010

Okay, let’s assume there was an armed robbery of a convenience store.  The clerk is unable to identify the robber because she never got a good look at him but she is able to describe his clothing and she identifies a shotgun as the weapon used.  The robber fled the scene after the crime, and [...]

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Dog Tracking Evidence: Can That Dog Testify?

November 18, 2010

Scientific Testimony: Abuse of Discretion Standard Have you ever had a client located by a tracking dog?  If so, the admissibility of the evidence may be suspect.  A trial court’s decision to admit or exclude scientific testimony is subject to review under the abuse of discretion standard. Sexton v. State, 93 S.W.3d 96, 99 (Tex. [...]

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Review of Erroneous Admission of Expert Testimony

November 17, 2010

Here’s a quick blurb on the proper standard to be used by a Texas criminal appeals court’s analysis of whether the trial court erred in admitting expert testimony: Texas Rule of Appellate Procedure 44.2(b) In accordance with Tex. R. App. 44.2(b), this Court’s analysis of the harm associated with the erroneous admission of expert testimony [...]

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