Category: 38.23

  • Jury Suppression in Texas

    There was a little discussion on Twitter this morning, started by Houston DWI lawyer Paul Kennedy, about suppression of illegally obtained evidence in Texas. In Texas, foreigners are often surprised to learn, juries can decide suppression issues on disputed facts—for example, when the cops say that they stopped the defendant for not wearing a seatbelt […]

  • TOS Violations in Criminal Solicitation of a Minor Case

    The indictment (h/t Orin Kerr at The Volokh Conspiracy) in U.S. v. Drew: On or about the following dates, defendant DREW, using a computer in O’Fallon, Missouri, intentionally accessed and caused to be accessed a computer used in interstate and foreign commerce, namely, the MySpace servers located in Los Angeles County, California, within the Central […]

  • Texas Amicus on Virginia v. Moore

    Can anyone tell me why, when Virginia v. Moore is irrelevant to Texas state cases, Texas’s Attorney General Greg Abbott wastes his time and taxpayers’ money filing an amicus brief in that case?

  • Virginia v. Moore in Texas

    In Virginia v. Moore the Supreme Court held that evidence is admissible under the Fourth Amendment even though obtained in a search incident to an unlawful arrest that was on probable cause. In other words, if the state makes something a non-arrestable crime (in Virginia, driving with a suspended license) and the police break state […]

  • Truth and Jury Nullification

    Jurors in Texas must swear that they “will a true verdict render according to the law and the evidence.” My Guest Blogger maintains that a nullification verdict is not “a true verdict according to the law and the evidence,” insisting that “true” in the context means “Guilty if he’s guilty and not guilty if he’s […]