That the jurors be convicted of a misdemeanor or a felony — that’s a disqualification that cannot be waived by other party – that the juror is under indictment or other legal acquisition for a m...
Ok, let’s talk about sex cases. Fleming is the most intriguing case I think out there. Its pending right now in the court of criminal appeals and in Fleming, the question now is; does the Texas cons...
Leonard the next case. I forget the exact facts of Leonard but Leonard was on probation for sex offense and he was required to take polygraphs and he objected to that and he failed the polygraph obvio...
Let’s talk about experts for minute. The Blasdell cases, extremely important case on page 30 of the paper, decided by the court of criminal appeals. In that case, the defense wanted to put on a phys...
We going to talk about the very best cases from the Texas Court of Criminal Appeals from the last term and a few of the worst and a few more to watch out for that are now pending on PDR and so we’re...
Judges increasingly, judges like Judge Weinstein in New York. Judges are writing opinions that are getting all around on the internet explaining why these guidelines simply are not the right way to tr...
Ok, jury unanimity! That’s very important when you have different manner and means. But the court of criminal appeals has been very consistent in holding that the jury does not have to agree on the ...
Lesser included, we’ve talked about that, a jury cannot convict the defendant of lesser included offense of… of lesser included offense, it’s not submitted in the jury instructions, that means a...
So will be very hard overturning a case on sufficiency of the evidence based on jury charge error, Ok! Let me talk about talk about this for a moment, we had a case of my firm I think Mick Geris here ...
Now defensive theories! This is where I think some prosecutors get tripped up sort of like Brady, ok! Trial court who are former prosecutors and never done anything else like some of them in Bare Coun...
First of all, there is a presumption and you may have a difference of opinion on this, but there is a presumption that; juries do follow instructions. Now, this is a rebuttable presumption. However, t...
Now, as far as allowing the person to deny the existence or occurrence of the arrest. May deny does not mean that you should deny and there are some important instances in which it’s not a good idea...
