The Court of Fort Worth in Reed v. State, heard a case on appeal where the State's reasonable suspicion to stop the defendant for DWI based, in part, on the time of day and an area of the city that the defendant was coming from. "Here the [officer] not only testified...
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Month: January 2011
Probation and Polygraph Examinations in Sex Cases
On Behalf of Pelley Law Office LLP | Jan 30, 2011 | Criminal Defense
In Ex Parte Dangelo, a case out of the Fort Worth Court of Appeals, the defendant had a Fifth Amendment right not to answer proposed polygraph examination questions about whether, since being on probation, he had sexual contact with minors. The question asked about...
341 Meeting
On Behalf of Pelley Law Office LLP | Jan 29, 2011 | Bankruptcy
When a debtor files for protection under the Bankruptcy Code, there are certain timelines and requirements that are laid out in the statutes. One, when you file there is a first meeting of creditors to be presided over by the trustee under section 341 of the Code....
DNA Testing and Aggravated Sexual Assault
On Behalf of Pelley Law Office LLP | Jan 26, 2011 | Criminal Defense
Ex parte Napper was a case out of the Texas Criminal Appeals court where the applicant for Habeas Corpus was convicted of aggravated sexual assault and aggravated kidnapping. Some of the evidence supporting the convictions involved DNA testing conducted by the...
Murder Conviction Reversed
On Behalf of Pelley Law Office LLP | Jan 25, 2011 | Criminal Defense
In Winfrey v. State, the Texas Criminal Appeals Court reversed and rendered an acquittal on the defendant convicted of murder. The appellant was charged with capital murder, but convicted by a jury of the lesser-included offense of murder and assessed a 75 year...
Possession of Cocaine
On Behalf of Pelley Law Office LLP | Jan 24, 2011 | Criminal Defense
In Campbell v. State, the Texas Court of Criminal Appeals reversed a conviction of possession of cocaine in an amount of 4 grams or more, but less than 200 grams. The jury found 2 enhancement paragraphs true and assessed punishment at 99 years in prison. The court...
Possession with Intent to Deliver Narcotics
On Behalf of Pelley Law Office LLP | Jan 23, 2011 | Criminal Defense
In Spence v. State, the Court of Criminal Appeals heard a case where the defendant was convicted of possession with intent to deliver cocaine that a police officer found during a pat-down search for weapons after he stopped him for traffic violations, one of which was...
Signature Scandal Halts Foreclosures
On Behalf of Pelley Law Office LLP | Jan 7, 2011 | Foreclosure
The recent home foreclosure crisis has affected millions across the country who can't afford to keep their homes. Letters sent to homeowners stating that they are about to lose their homes have added stress to already-troubled families burdened by the recent financial...
Treasury Dept. Calls for Stress Tests
On Behalf of Pelley Law Office LLP | Jan 5, 2011 | Foreclosure
Millions of homeowners facing foreclosure have had their proceedings delayed after a Congressional group said that banks and financial institutions have used inaccurate documents in home foreclosure cases.A 125-page report by the Congressional Oversight Panel, which...
A Side Effect of Debt Hardship — Mental Health Problems
On Behalf of Pelley Law Office LLP | Jan 4, 2011 | Bankruptcy
The goal of bankruptcy is to provide a fresh start to financially burdened Americans. The problem is that the struggles leading up to the decision to consult with a lawyer on bankruptcy options often cause significant stress, mental anguish and tension. Some debtors...