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Corpus Delicti – No Body, No Crime?

Watching crime movies or t.v. shows might give you the impression that without a body there can be no conviction for murder. Whitey Bulger, the biggest thug in Boston for years liked to say, “No body, no crime.”

This

Automobile as Deadly Weapon in DWI Case

Prosecutors like to threaten defendants charged with DWI with the hammer of an enhancement for use of a deadly weapon. This is easy to do in a case involving death or serious injury, since by definition, the

Now certified in criminal law by Texas Bd. Legal Specialization

I received confirmation today from the Texas Board of Legal Specialization that I am now Board Certified in Criminal Law. This is in addition to my certifications in Personal Injury Trial Law and Civil Trial Law. There are only

What is the insanity defense?

Section 8.01 of the Texas Penal Code provides for the affirmative defense of insanity: It is an affirmative defense to prosecution that, at the time of the conduct changed, the actor, as a result of severe mental disease or

Entrapment and Drug Free Zones, Measure as the Crow Flies

Prosecutors and police love to charge defendants with selling drugs in drug free zones. As an article on the Texas prosecutors’ website says, “One tool assists prosecutors in their quest for a meaningful prison term for drug offenders: an

Should I Take a Polygraph (Lie Detector) Test?

If you are under investigation for a sex crime in Texas, you might be asked to take a polygraph test(a.k.a. “lie detector test”). The request might come from a police detective, the Texas Department of Family and

WARNING TO ALL THE NIGERIAN/ALBANIAN LOWLIFE SCAMSTER LOWLIFES

I get at least 10 of your scam emails a day, claiming you have a divorce settlement action, or a collection action ‘in your jurisdiction.’ I’m fed up, and fighting back. I will respond, and have you waste your

Proper Dress and Etiquette for Court

I am constantly amazed at how some people dress when they go to court. Defendants charged with drug offenses show up in baggy t-shirts with pictures of Bob Marley smoking a joint. Some look like they got dressed to

What is a Summary Judgment?

In a civil case (as opposed to a criminal case), a court may enter a summary judgment when the undisputed facts show that there is no genuine issue of any material fact and the moving party is entitled to

Texas Department Public Safety Lab Scandal – Cases Thrown Out

Nearly 5,000 cases “may all be jeopardized” by DPS lab worker misconduct

Gritsforbreakfast (the best blog on Texas criminal law) reports that potentially all of the 4,944 cases worked by a since-discredited DPS crime lab worker may be thrown out,