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Articles Posted in Appeals

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Reasonable suspicion…

For any officer to make a traffic stop he or she must have reasonable suspicion. But, what is reasonable suspicion? Well, based on the famous case, Terry v. Ohio, the officer must have the belief based on specific articulable facts that criminal activity is afoot. But still, what does reasonable…

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Insults and Habitual Offenders

Can a prosecutor insult a defense lawyer at trial? In the Texas 5th District Court of Appeals case, Gutierrez Jr. v. Texas, the issue known as “going over the shoulder of counsel” is argued. Surprisingly, prosecutors may sometimes throw an insult or two at the defense table. At times an…

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Expunctions, they can be reversed.

What is an expunction? An expunction is available to a someone arrested for a crime, but never convicted, or to a person given deferred on a Class C misdemeanor. Expunctions are for arrests only, they serve as a way to have the arrest taken off of your record. The process.…

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Texas Penal Code Article 22.07: Terroristic Threats, what are they?

For some of us, when we hear of a person making terroristic threats we think of a person causing trouble for political or religious reasons. But, according to the Texas Penal Code, just the mere threat of violence to a person or a person’s property is enough and the purpose…

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Dallas Appeals Court Reverses Retaliation Conviction

Today’s Dallas Court of Appeals case of the day is- Lowell Merritt vs. The State of Texas! What happened? From the opinion. The events leading up to appellant’s indictment on a felony retaliation charge began in July 2007 when appellant’s neighbor reported that appellant “cussed” his wife. After reviewing the…

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