Author Archives: Richard L. Ellison
3g Offenses in Texas
Sometimes you’ll hear defendants and their lawyers and prosecutors talk about “3g offenses.” They’re referring to Sec. 3g of Article 42.12 of the Texas Code of Criminal Procedure, captioned Limitation on Judge Ordered Community Supervision. What are 3G Offenses in Texas? Certain offenses in Texas are considered more serious or violent and therefore subject to… Read More »
When Loaning Your Roommate a Xanax Bar Makes You a Drug Dealer
Hey, Can You Spare a Couple of Xanax Bars? National Inventory of the Collateral Consequences of Conviction, or how a minor drug offense can ruin your life. Collateral consequences are the bad things that happen to a person convicted of a crime, in addition to the criminal penalties themselves (direct consequences). If you are charged… Read More »
Is a criminal trial a “search for the truth”?
For a good exploration of the idea of a trial as a truth seeking inquiry, I recommend an online essay by Harvard Law Professor Alan Dershowitz, described by Frontline as a clear and compelling explanation by renowned legal expert Alan Dershowitz on how there are several kinds of “truths” in a criminal trial — as… Read More »
How Do Criminal Defense Lawyers Say What They Do With a Straight Face?
Are criminal defense lawyers dishonest? Or, how can he say that with a straight face? We’re all familiar with famous cases where everyone knew the defendant was guilty before the trial ever started. The most infamous guilty criminal who walked is probably O.J. Simpson, acquitted for the murders of his estranged wife Nicole and a… Read More »
SCOTUS – Lying Under Oath is Still a Crime
The Supreme Court issued three bad opinions this week, on immigration, health care, and Stolen Valor. Even though they struck down the Stolen Valor Act, they made clear again that lying under oath is perjury and there’s no constitutional right to do that. From Justice Kennedy’s plurality opinion: The same point can be made about… Read More »
Freedom of Information Act Letter to Military
Your name and address here June 22, 2012 Much thanks to “This ain’t hell but you can see it from here” Put your request into this form and send it with the official form NPRC has online; otherwise all you’ll get is the dates of service. XXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXX This is a request under the… Read More »
Stolen Valor – Is it criminal or just lying?
How to Check Someone’s Claims of Military Service, Honors and Medals Here’s how the Stolen Valor project describes it: “It starts off simple enough. A casual mention of military service. And, oh by the way, a Purple Heart and a few other honors earned. How can you not trust a man who served his country… Read More »
Texas Law on Castle Doctrine and Stand Your Ground
The law has long recognized that “a man’s home is his castle,” where he has the right to use deadly force to protect himself, his family and property. The “stand your ground” or no retreat laws extend the protection to lawful persons outside their homes. Texas law on self-defense is found in Chapter 9 of… Read More »
Stand Your Ground/Deadly Force
From an article in Washington Times by David Kopel https://www.washingtontimes.com/news/2012/apr/2/debunking-the-stand-your-ground-myth/ The assertion that Florida law allows shooting whenever someone believes it to be necessary is a flat-out lie. The actual law of Florida is that “a person is justified in the use of deadly force” if “(1) He or she reasonably believes that such force… Read More »