Rule 403 of the Texas Rules of Evidence provides that a court may exclude evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, or needlessly presenting cumulative evidence.   Article 38.37, Section 2 of the Texas Code of Criminal Procedure, allows the prosecution to use specific extraneous offenses or bad acts involving children for any relevant purpose, such as proof of the defendant’s character and their propensity to act in conformity of that character—so long a ..read more

On May 30, 2024—a day that will become significant in American history—a 12-person jury unanimously convicted former President Donald J. Trump of all 34 felony counts brought against him by a New York grand jury in March 2023.   That grand jury indictment—the first ever against any president of the United States—became known as the “Stormy Daniels Hush Money Case.” The tawdry details surrounding the case have been well documented in the public record and need no further description here.   What begs discussion is the value the rule of law gives to a democratic form of government—a ru ..read more

Outcry testimony is frequently used in child sexual abuse cases in Texas. For years, the statutory procedural rules governing outcry testimony have worked like this: Tex. Code of Crim. Proc. art. 38.072(b) §2(a)(1), (2) carved out an exception to the rules of hearsay evidence by allowing the first person 18 years of age or older to whom a child under 14 years of age made statements concerning sexual abuse to testify against the defendant facing trial for committing that abuse.   The 2023 Texas Legislature, through S.B. 1527, changed the outcry rule by increasing the child’s ..read more

Extraneous offense evidence is always prejudicial in a criminal trial in Texas—much more so in the guilt/innocence phase than in the punishment phase. The general evidentiary rule governing the admissibility of such evidence is Rule 403 of the Texas Rules of Evidence. The admissibility issue under this rule is whether the probative value of the extraneous offense evidence outweighs its prejudicial impact.   The Texas Court of Criminal Appeals (CCA) in 1990 issued a ruling in Montgomery v. State that set forth four continuing factors that guide trial courts in determining whether ..read more

More than four decades ago, the First District Court of Appeals, based in Houston, defined an extraneous offense as: “… any act or misconduct, whether resulting in prosecution or not, which is not shown in the charging instrument and which was shown to have been committed by the accused.”   Four articles in the Texas Code of Criminal Procedure primarily deal with the admissibility of evidence of extraneous offenses. They are:   Tex. Code Crim. Proc. arts. 37.07 and 37.071: These articles deal with extraneous conduct evidence and the admissibility of suc ..read more

Federal assault allegations in federal court can be daunting, given the severity of the charges and the complex legal proceedings involved. Whether the accusations are false, exaggerated, or misconstrued, defendants have the right to mount a vigorous defense to protect their freedom and reputation.   In this blog post, we’ll explore strategies for challenging federal assault allegations in Texas, including the importance of legal representation and effective defense tactics.   Understanding Federal Assault Charges   Federal assault charges typically stem from alleged acts of vio ..read more

Confronting federal drug charges in Houston can be a challenging experience, involving difficult pretrial proceedings and possible severe penalties.   This post will explore pretrial strategies individuals can consider when navigating federal drug cases in Houston: gathering evidence, pretrial motions, developing jury selection protocols, oro negotiating plea deals. We will emphasize the importance of retaining an experienced criminal defense lawyer to guide defendants through this challenging process.   Understanding Federal Drug Charges:   Federal drug charges typically invol ..read more

In the latter part of April, some UCLA students and civilian supporters joined the nationwide pro-Palestinian university campus protests spreading across the nation. Like other university student protestors, the UCLA protesters established “encampments” on university grounds—a grassy field between Royce Hall and Powell Library. It became known as the Palestine Solidarity Encampment.   The protestors called for a cease-fire in the Israeli war on Gaza and demanded that the university sever all financial ties with Israel. University officials tried to contain the protests through negotiation ..read more

On April 14, 2024, the United States Sentencing Commission (USSC) unanimously voted to pass a package of federal sentencing reforms dealing with acquitted conduct and age considerations.   The issue of acquitted conduct, and even uncharged conduct, has long been used by federal judges as “relevant conduct” in determining sentencing so long as the judge could determine by a “preponderance of evidence” that the conduct occurred. This meant that sentencing judges could use prior conduct for which juries found defendants “not guilty” to increase a sentence.   The ..read more

Since 2016, the Houston Police Department (HPD) has received 2.8 million crime reports. During part of those eight years, HPD used a code called “Suspended – Lack of Personnel” to “suspend” investigations into as many as 264,000 crime reports.    While 100,000 of those reports involved property crimes, more than 4,000 involved alleged sexual assaults—a serious violent felony.    HPD Chief Troy Finner recently told local media outlets that he became aware of the practice in 2021 and ordered it stopped.    Houston Mayor John Whitmire issued a public s ..read more