Jemadari Williams won his own appeal to the San Antonio Court of Appeals, but then the State filed a petition for discretionary review, and the Court of Criminal Appeals granted review. I came in to help Jemadari in the Court of Criminal Appeals. The San Antonio Court had made the right ruling (the indictment was defective) but for the wrong reason. In the CCA we (Jemadari is

One in 35 Americans will be in a car crash in the next twelve months. What is your chance of being in a car crash in the next twelve months? One in a million Americans will be struck by lightning in the next twelve months. What is your chance of being struck by lightning? The answer to both is that you have no idea. Whether you are

There have probably been times when one lawyer has had a string of habeas wins on a specific issue (we got 11.07 relief for several people after winning Ex parte Lo in 2013) but no defense appellate or postconviction lawyer has, I suspect, won six cases on different topics in the Court of Criminal Appeals in a year. Until now. From June 19, 2024 to June 4,

I like that Texas appellate courts mostly video-record oral arguments now, and I like to share my argument videos, because I enjoy oral argument, and I think my arguments are generally entertaining to watch. (Sharing them also gives potential clients a chance to see me "taking my wits for a walk," thinking on my feet in the courtroom, before they hire me; that's not a bad thing.)

Under section 46.05(a)(3) of the Texas Penal Code, it is a felony to possess, manufacture, transport, repair, or sell a "prohibited weapon," including a chemical dispensing device. Chemical dispensing device means a device, other than a small chemical dispenser sold commercially for personal protection, that is designed, made, or adapted for the purpose of dispensing a substance capable of causing an adverse psychological or physiological effect

Introduction In the realm of criminal law, the stakes are often high, and the consequences of a conviction can be severe. One aspect of criminal law that adds even more complexity and potential hardship for defendants is the concept of enhanced penalties. In this post, we will explore the world of enhanced penalties, the factors that can lead to them, and how a skilled criminal defense

Online Solicitation of a Minor is one of two offenses created by sections 33.021(b) and 33.021(c) of the Texas Penal Code: Sec. 33.021. ONLINE SOLICITATION OF A MINOR. (a) In this section:(1) "Minor" means:(A) an individual who is younger than 17 years of age; or(B) an individual whom the actor believes to be younger than 17 years of age.(2) "Sexual contact," "sexual intercourse," and "deviate sexual

A "defense" and an "affirmative defense" are two distinct legal concepts used in criminal law. A defense is a claim or argument made by the accused that negates or refutes the prosecution's case, without admitting to the commission of the crime. Essentially, it asserts that the defendant's actions were justified, or the prosecution has not met its burden of proving the defendant's guilt beyond a reasonable doubt.