Thanks to those of you who responded to our survey on behalf of the Governor’s Criminal Justice Division regarding federal Violence Against Women Act STOP grant funding. As 25 percent of this grant funding is earmarked for prosecution efforts, your input is valued. STOP grant funding encourages development of programs that: prioritize support for programs … Read more
Be sure to check out our website for information on the Texas Forensic Science Seminar this October 7-8 in Austin Click here for info. Texas Courts of Appeals Ex parte Castellano – 2nd COA 08/12/10 : Cite No. 02-10-011-CR Issue: After an individual has been released on personal bond because the State failed to … Read more
Texas Court of Criminal Appeals Mays v. State. 04/48/10 : Cite No. AP-75,924 Issue 1: Would the defendant’s alleged mental illness make his eventual execution a "cruel and unusual punishment" under Atkins v Virginia? Holding 1: No. The CCA held "there is no authority from the Supreme Court or this Court suggesting that mental illness … Read more
U.S. Supreme Court Padilla v. Kentucky 03/31/10 : Cite No. No. 08-651 Issue: Does a noncitizen defendant have a Sixth Amendment right to be informed by counsel about the likely deportation consequences of a plea? Holding: Yes, defense counsel must inform their clients of this risk. Relief depends on prejudice to the defendant, and the … Read more
Please check out the information on NDAA’s "Prosecuting Homicide Cases " Seminar. Click here for details. Texas Court of Criminal Appeals Swearingen v. State 02/10/10 : Cite No. AP-76,073 Issue: Did the court correctly deny the defendant’s third motion for DNA testing when there was a "mountain of inculpatory evidence" even if the DNA evidence … Read more
Texas investigators and prosecutors rarely use these tools, but they can be incredibly handy in certain situations. Here’s how to obtain and employ them in partnership with law enforcement. The purpose of this article is to generally discuss the utility of wiretapping, the use of pen registers and trap and trace devices, and how to … Read more
The last in a series of three articles on how to destroy unneeded evidence from criminal cases When is a court order required in order to destroy evidence? Which judges may sign the order? Is there a time limit during which the order must be signed? Searching through the assorted statutes governing evidence destruction shows, … Read more