*3 In 2010, the Supreme Court issued its opinion in Padilla v. Kentucky, — U.S. —-, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), in which it explained a criminal defense attorney’s duty to advise his client about the potential immigration consequences of a plea. In that case, Padilla pleaded guilty…
STANDARD OF REVIEW [1] An applicant for habeas corpus relief must prove his claim by a preponderance of the evidence. Kniatt v. State, 206 S.W.3d 657, 665 (Tex.Crim.App.2006). In reviewing a trial court’s order denying a writ application, we view the facts in the light most favorable to the trial…
— S.W.3d —-, 2012 WL 2336240 (Tex.App.-Dallas) NOTICE: THIS OPINION HAS NOT BEEN RELEASED FOR PUBLICATION IN THE PERMANENT LAW REPORTS. UNTIL RELEASED, IT IS SUBJECT TO REVISION OR WITHDRAWAL. Court of Appeals of Texas, Dallas. Ex Parte Alfredo OLVERA. No. 05-11-01349-CR. June 20, 2012. On Appeal from the 199th…
Section 7.02(b) states “If, in the attempt to carry out a conspiracy to commit one felony, another felony is committed by one of the conspirators, all conspirators are guilty of the felony actually committed, though having no intent to commit it, if the offense was committed in furtherance of the…
One of the most common misconceptions in the law is that one actually has to commit a crime themselves to face criminal charges. Better said, it is a misconception that a person must commit all the elements of an offense themselves to be convicted of a crime. However, old distinctions…
The age old question about whether to consent to a DWI breath or blood test is still the question many people who socially drink and fear a DWI investigation want answered, particularly now that they read in the news that cops will forcefully draw their blood if they refuse. The…
The base offense level for a prohibited person in possession of a firearm is relatively low. Advisory Sentencing Guideline 2k2.1 calls for a base offense level of 14 if a person is prohibited by law from firearm possession, which along with a 3 point reduction for acceptance of responsibility yields…
My two oldest nephews and six of their friends came out and wanted to learn basketball, and drew me as their coach for better or worse. I felt bad when I was too hard on them at times (although I was too easy at others), but they all gave a…
This year I had the privilege of coaching eight young men in 5th and 6th grade basketball. I thought that I would descend from the clouds and teach them everything there is to know about basketball, but I believe that I learned a whole lot more about coaching, teaching and…
The “prohibited person” statute under federal law, defining who can possess a firearm and who cannot, is pretty straight forward. You will be surprised to learn the many classes of people who cannot possess a firearm, not just convicted felons. If you meet one of these categories, it is a…