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Houston Criminal Defense Blog

Texas continues on with capital punishment

Texas readers likely know that the state does have a death penalty, although that practice is frequently subject to criticism from both supporters and opponents.

One common objection to capital punishment is its susceptibility to bureaucratic delay: A recent study confirmed that the amount of time spent by Texas inmates on death row has nearly doubled in the past twenty years, due to lengthy appeals. In some cases, convicted criminal suspects may spend more than a decade waiting for a final determination.

Homicide case turns into battle over admissible testimony

A homicide case involving a 29-year-old neighborhood watch captain and an unarmed, 17-year-old black teenager in a neighboring state has made national news. The case might be perceived as newsworthy because of the different demographic information between the accused and the victim, not the least of which is race.

From a criminal defense standpoint, however, the murder trial is noteworthy in several other regards. One fascinating dispute involves a recorded 911 call for help made immediately before the shooting. In addition to sounds of a dispute, cries for help can also be heard on the recording -- before they are interrupted by the sound of a gunshot.

White collar felon addresses Texas A&M students

Texas readers likely recall the scandal over the fraud perpetrated by Enron Corp. executives Kenneth Lay, Jeff Skilling and Andrew Fastow. The company, which had been the seventh-largest corporation in America, experienced skyrocketing stock prices in the early 2000s. However, Enron’s stock prices crashed after the company’s fraudulent accounting methods became public.

After an investigation, all three Enron executives were convicted of white collar crimes, including charges such as securities fraud, insider trading, lying to auditors and conspiracy. The scandal also prompted federal regulators to look at a number of Wall Street accounting practices. That prosecutorial zeitgeist led to several additional investigations of other companies, including Dynegy Inc.

Texas puppy owner loses control, incurs animal cruelty charges

Texas enforcement officials might characterize the state's criminal laws as intended to ensure public safety and harmonious living. Federal and state laws are intended to protect all people. At their best, criminal laws benefit those without a voice or who could not otherwise protect themselves in a lawless society.

However, lawmakers continue to examine the balance between individual liberties and societal accountability. For example, Texas law did not have a felony punishment for animal cruelty before 2001. However, a particular incident involving a puppy prompted legislators to examine the issue of alleged mistreatment of pets.

Jailed Texas woman tried to hire a hit man

Texas readers may not associate mob tactics with Montgomery County criminal defendants. Yet one 84-year-old Texas woman, recently arrested for an alleged immigration scheme, is reported to have paid for a hit to be taken out on the District Attorney assigned to her case. Notably, the woman allegedly arranged the deal from her jail cell.

An undercover officer claims the woman agreed to pay him $7,500 for the deed during a jailhouse meeting. The woman reportedly wanted the offense to appear similar to the recent shooting deaths of the Kaufman County District Attorney and his wife.

Texas college student stabs 14 victims on campus

Today's post follows up last week's college sexual assault story with another alleged crime recently committed on a college campus.

According to local authorities, a 20-year-old male college student at Lone Star College-Cy Fair has been accused of stabbing 14 people on the school's campus. Of those victims, at least two sustained critical wound injuries. The student is now facing charges of aggravated assault.

Longhorns receiver charged with aggravated assault

Upon reaching professional status, many athletes experience a tradeoff: Although their compensation and potential media exposure are greatly enhanced, they may also experience an invasion into their private lives. Many college athletes poised on the verge of professional careers also get a taste of both the pros and cons of a professional athlete's lifestyle.

That seems to be the experience of Texas Longhorns wide receiver Cayleb Jones. The college football athlete, a freshman at the University of Texas at Austin, has been charged with aggravated assault. The charge was brought after the alleged assault victim, a tennis player at the school, suffered a broken jaw. The victim claims that Jones punched him out of jealousy because he is currently dating Jones' ex-girlfriend.

Texas police capture multistate shooter

A Texas county sheriff's deputy was recently shot three times after making a traffic highway stop along U.S. 287. Two bullets struck the deputy in his chest, and one also grazed his head. Fortunately, the deputy is reported to be recovering at Texas Health Harris Hospital Forth Worth.

Texas authorities cornered the suspected shooter in Decatur, where he was fatally wounded in the crossfire. Although the suspect's testimony is now lost, authorities nevertheless were able to recover and analyze the suspect's handgun, a 9 mm Smith & Wesson.

Texas grand jury declines to indict a public official

A Texas grand jury recently voted against indicting former District Attorney Pat Lykos for a charge of misuse of public resources. Lykos was charged with unlawfully investigating another grand jury's deliberations about the Houston Police Department's breath alcohol testing vehicles.

Under state law, grand jury proceedings must be kept secret, even to other public officials. In fact, even a criminal defendant must petition the court for disclosure of grand jury information, based on a showing of particularized need.

Judge says sentencing guidelines can produce absurd results

It may not come as a surprise to some Texas readers to learn that not all felony-level federal crimes are punished equally. Despite the creation of the United States Sentencing Commission in 1984, many criminal defense advocates still assert that sentencing disparity exists among similarly situated defendants.

Part of the reason for the alleged disparity can be attributed to several Supreme Court decisions, which may empower courts to interpret the Commission's mandatory minimum sentences as advisory guidelines in some circumstances. The most recent ruling, issued in 2012, determined that mandatory sentencing of juveniles to life in prison was cruel and unusual punishment, in violation of the Eighth Amendment of the U.S. Constitution.

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