Judging delay is one area where analysis under the due diligence doctrine remains relevant. Under the due diligence doctrine, the court looks to whether “reasonable investigative efforts [were] made to apprehend the person sought.” Peacock, 77 S.W.3d at 288. Per Peacock, such a requirement “helps a court determine whether the…
But, despite the elimination of the common law due diligence “scheme,” the Court of Criminal Appeals has recognized in both pre-Garcia case law and post-Garcia case law that there exists a Constitutional speedy revocation hearing right even where claims of common law due diligence do not lie. The Court of…
A Defendant formally accused of violating probation also has the right to a speedy revocation hearing. In addition to statutory provisions addressing timeliness in motions to revoke, the Court of Criminal Appeals has historically recognized two sources of law which provide for the right to a speedy revocation hearing: (1)…
The reasons for the delay of a trial are important under the second prong, and the State will be required to put forward their reasons at a dismissal hearing. Right now, blood and drug results from the State laboratory are taking six months or so to process. A person sitting…
The Texas Court of Criminal Appeals analyzes both speedy trial and speedy revocation motion matters under the factors set forth by the United States Supreme Court in Barker v. Wingo, 407 U.S. 514 (1972). These factors include: (1) the length of the delay, (2) the reasons for the delay, (3)…
Going back to the Constitution of the United States, American citizens are guaranteed a speedy and public trial. The public part is why a Court cannot bar you from entering to watch a trial unless you are a witness, but the speedy part has been developed over the years. I…
However, in United States v. Walker, 621 F.2d 163 (5th Cir. 1980), the Fifth Circuit held that there was no error in giving an aiding and abetting instruction in a conspiracy case because the conspiracy counts are substantive counts. Aiding and abetting makes one a party to the crime by…
A plain language reading of the statute and logical sense also show that one cannot aid and abet a conspiracy under section 2. Section 2 and 846 link to the substantive offense in separate manners. 21 USC Section 846 states: Any person who attempts or conspires to commit any offense…
Rear view of police detective standing and looking at the paper in front of the wall with map, pictures and sticky notes at office The Fifth Circuit in Cowart and sister Courts of Appeals note that conspiracy is a distinct offense from that of aiding and abetting, and involves the…
One of the realities that I must tell clients charged with conspiracy counts in the Eastern District of Texas, most often conspiracy to possess with the intent to distribute narcotics, is that you can aid and abet a conspiracy in the Fifth Circuit Court of Appeals, which includes all Texas…