Articles Tagged with Criminal Appeals

The 6th and 14th Amendments of the United State Constitution guarantee an accused party the right to “be confronted with the witnesses against him.” Meaning that if you are charged with a crime and proceed with trial, you have a right to cross-examine testimonial statements by the witness.

Crawford v. Washington 541 U.S. 36, 68 (2004) says that these statements are not admissible against the accused unless the person who made the statement is unavailable and the accused had a chance to cross-examine them.

What are testimonial statements?

You can be convicted of improper photography in Texas, without any photographs.

 Everyone has a camera these days. Even crappy cell phones usually have an 8-megapixel HDR camera on board. Your Instagram feed is full of strange photographs, and some stuff you’d rather not see. But in Texas, some photographs are illegal.

What is improper photography in Texas?

I often have a hard time quickly explaining to my non-lawyer friends exactly how the appeals system is stacked against criminal defendants. Fortunately today’s case, Barnes vs. State, crystallizes how the constitutional rights of defendants are effectively waived through nonsense technicalities. It’s a Kaufman County Drug case, appealed to the 5th District in Dallas.

What happened?

Barnes filed a motion to suppress claiming the police investigation was unconstitutional. Specifically, Barnes sought to exclude statements made during the investigation. This motion was denied (as are most motions to suppress).

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