Following a series of arrests, several Dallas police officers are in various stages of the criminal justice system themselves. The officers face separate allegations of domestic violence. Their experiences demonstrate the negative consequences that can follow Texas...
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Criminal Defense
Possession of a Controlled Substance with Intent to Deliver
On Behalf of Pelley Law Office LLP | Jun 29, 2011 | Criminal Defense
In Gilmore v. State, a case out of the Court of Appeals in Texarkana, there was an anonymous tip that the defendant was traveling towards the county in a white truck, and that was found not to be sufficient to create reasonable suspicion because the route was a...
Texas Bill Seeks to Quicken Evidence Testing Process
On Behalf of Pelley Law Office LLP | May 19, 2011 | Criminal Defense
With the purpose of catching rapists and helping to avoid wrongful convictions, a bill to expedite the testing of evidence collected in sexual assault cases moves to the Texas House for consideration after passing the Senate.Authored by Sen. Wendy Davis (D-Fort Worth)...
Expectation of Privacy – Carter v. State
On Behalf of Pelley Law Office LLP | May 18, 2011 | Criminal Defense
This case centered around criminal charges resulting from the search of a motel room proper. It decided that even though the defendant did not consent to the search that he had no reasonable expectation of privacy as he failed to show that he was an overnight guest in...
Drugs and Search of the Car
On Behalf of Pelley Law Office LLP | Apr 27, 2011 | Criminal Defense
In a case out of Dallas, the Texas Appellate Court reviewed a case where following the defendant's refusal of consent to a vehicle search, the officer had reasonable suspicion to detain the defendant pending a dog sniff, given the officer's observations of two air...
Miranda and Jokes with the Police
On Behalf of Pelley Law Office LLP | Apr 25, 2011 | Criminal Defense
In a case out of Tyler, Texas, the interaction with the officer was deemed a "consensual encounter," despite the officer's statement to the defendant that his removal of petrified wood from a federal forest was illegal, because the defendant and officer joked during...
Search and Seizures with Socks and Shoes
On Behalf of Pelley Law Office LLP | Apr 20, 2011 | Criminal Defense
In Barriere v. State, the defendant was not under "arrest," even though he was asked by the officer to remove his shoes and socks. The officer asked the defendant to remove his shoes and socks, both so that the officer could search them for additional evidence and so...
Constitutional rights and personal rights
On Behalf of Pelley Law Office LLP | Mar 1, 2011 | Criminal Defense
In State v. Williams, the Houston Appellate Court heard an appeal from a case where the pills fell from the defendant's bra when the officer requested that she pull her bra away from her body and the evidence was suppressed. According the officer, "because the...
Aggravated Sexual Assault
On Behalf of Pelley Law Office LLP | Feb 24, 2011 | Criminal Defense
In a case out of the Court of Criminal Appeals that was reversed the appellant defendant was indicted for felony aggravated sexual assault. The State submitted a jury charge that authorized the jury, should it acquit the appellant of aggravated sexual assault, to...
Warrants and Plain View Evidence
On Behalf of Pelley Law Office LLP | Feb 14, 2011 | Criminal Defense
A case named Dobbs had a set of facts where while executing a lawful search of the appellee's residence pursuant to a warrant, the police came upon items in plain view that they lacked probable cause to believe were connected to any crime. While still lawfully on the...