The issue of intoxication and consent came up recently in the Fort Worth Court of Appeals in Anderson v. State, 2012 WL 1222148. In Anderson, two men met two ladies at a bar during a night of drinking. One young lady ended up somehow at the residence of one of…
On a night before the Oregon State Beavers played the University of Texas in the Alamo Bowl, two longhorn players went out drinking. At a bar, they met a young woman who eventually invited them back to her hotel room. That was either a sign that the young lady was…
The Texas Rules of Evidence are modeled after the Federal Rules, and Rule 404 is the main rule governing character evidence. 404(a) outlaws evidence of character simply to prove “conformity therewith on a particular occasion,” I.e. you can’t use character evidence to say simply “he did it before, so he…
Character evidence is very important in a criminal case. We want the jury to like our client, and to dislike the person accusing us of an alleged crime or the witness to an alleged crime. However, the rules of evidence generally frown on “trial by ambush,” so there are limits…
Trayvon Martin’s parents are wildly screaming that the privacy rights of their 17 year old “kid” are being invaded by George Zimmerman’s lawyers acquiring Trayvon’s Facebook, Twitter and school records. First of all, what you post on Facebook or Twitter in public has little privacy value. So, be careful what…
*4 Under the second prong of Strickland, Olvera must show by a preponderance of the evidence that, but for counsel’s errors, he would not have pleaded guilty and would have insisted on a jury trial. At the habeas hearing, Olvera testified that he and his sister asked counsel several times…
*3 In 2010, the Supreme Court issued its opinion in Padilla v. Kentucky, — U.S. —-, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), in which it explained a criminal defense attorney’s duty to advise his client about the potential immigration consequences of a plea. In that case, Padilla pleaded guilty…
STANDARD OF REVIEW [1] An applicant for habeas corpus relief must prove his claim by a preponderance of the evidence. Kniatt v. State, 206 S.W.3d 657, 665 (Tex.Crim.App.2006). In reviewing a trial court’s order denying a writ application, we view the facts in the light most favorable to the trial…
— S.W.3d —-, 2012 WL 2336240 (Tex.App.-Dallas) NOTICE: THIS OPINION HAS NOT BEEN RELEASED FOR PUBLICATION IN THE PERMANENT LAW REPORTS. UNTIL RELEASED, IT IS SUBJECT TO REVISION OR WITHDRAWAL. Court of Appeals of Texas, Dallas. Ex Parte Alfredo OLVERA. No. 05-11-01349-CR. June 20, 2012. On Appeal from the 199th…
Section 7.02(b) states “If, in the attempt to carry out a conspiracy to commit one felony, another felony is committed by one of the conspirators, all conspirators are guilty of the felony actually committed, though having no intent to commit it, if the offense was committed in furtherance of the…