David Finn – A Dallas Criminal Defense Lawyer

a self-written blog detailing the professional life of David Finn

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Entries from July 2004

NACDL Weighs In on Blakley

July 13th, 2004 · No Comments

July 12, 2004 Posted by Dallas Criminal Lawyer – David Finn The Honorable Orrin Hatch United States Senate Washington, DC 20510 The Honorable Patrick Leahy United State Senate Washington, DC 20510 Re: Blakely v. Washington and the Future of the Federal Sentencing Guidelines Dear Senators Hatch and Leahy: We are writing on behalf of the […]

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New Case: 5th Circuit & Blakley

July 13th, 2004 · No Comments

Looks like the United States Supreme Court will be deciding whether the federal sentencing guidelines will stand as we now know them. United States Court of Appeals Fifth Circuit F I L E D July 12, 2004 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk _____________________ No. […]

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Sample Blakely Motion to Reduce Sentence

July 11th, 2004 · No Comments

For Those Who Think They Can Attack A Sentencing Based on The SCT opinion in Blakely, here’s a sample Memorandum In Aid Of Resentencing out of the Federal Public Defender’s office in DC. For more information on this evolving drama: ___________________________________________________ UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA, ) […]

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Department of Justice Response to Supreme Court Decision in Blakely

July 7th, 2004 · No Comments

This policy memo was issued by DOJ on July 2 regarding the United States Supreme Court’s ruling in Blakely. No major suprise here. The DOJ memo begins as follows: The position of the United States is that the rule announced in Blakely does not apply to the Federal Sentencing Guidelines, and that the Guidelines may […]

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Meds Being Restricted Due to Meth Fears

July 7th, 2004 · No Comments

OTC Meds Being Restricted Due to Meth Fears Reported by USA Today USA Today on July 6, 2004. Decongestant sales being curbed to halt meth trade A growing number of states are enacting laws to restrict sales of over-the-counter cold and allergy medicines such as Sudafed in an effort to halt production of the highly […]

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Strike 2 for Sentencing Guidelines

July 5th, 2004 · No Comments

Strike Two – Second Court Takes Down Guidelines ______________________________________________ Deseret Morning News, Wednesday, June 30, 2004 Judge tosses federal guides Cassell says rules on sentencing unconstitutional By Angie Welling Deseret Morning News A Utah judge on Tuesday declared federal sentencing guidelines cannot be constitutionally applied in a child pornography case, taking the lead in a […]

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Justice Kennedy’s Remarks on Sentencing

July 5th, 2004 · No Comments

Justice Kennedy calls for re-examination of federal, state policies Wednesday, June 23, 2004 Kennedy blasts sentencing scheme WASHINGTON (AP) — Supreme Court Justice Anthony M. Kennedy said Wednesday that society should re-examine how it spends money and makes choices about who goes to prison, how long they stay and what happens when they get out. […]

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Link Between Crime & Lead Exposure

July 5th, 2004 · 1 Comment

By JOAN LOWY June 30, 2004 Lead exposure in early childhood may have played an important role in the national epidemic of violent crime in the late 20th century and the equally spectacular decline in crime rates of the past decade, some researchers contend. Economic consultant Rick Nevin, hired by the Department of Housing and […]

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Governor Announces CPS Investigation

July 5th, 2004 · 3 Comments

Perry announces CPS investigation Governor reacts to April report, June indictment By POLLY ROSS HUGHES Copyright 2004 Houston Chronicle Austin Bureau AUSTIN — On the heels of an unusual criminal indictment against an entire state agency, Gov. Rick Perry called late Thursday for an investigation into Child Protective Services. Perry’s call for action is the […]

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Texas Singled Out in ABA Report

July 5th, 2004 · No Comments

Lawyers Tout Cuts in Prison Sentencing Maro Robbins San Antonio Express-News Staff Writer 06/24/2004 Depicting the nation’s tough-on-crime tactics as costly and overused, the country’s largest lawyers group issued a report Wednesday that suggests Texas locked up more lawbreakers than was necessary to reduce crime. The report from the American Bar Association addressed concerns raised […]

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Missouri v. Seibert

July 5th, 2004 · No Comments

Missouri v. Seibert-U.S. Supreme Court The U.S. Supreme Court held on June 28, 2004 that a midstream recitation of Miranda warnings after a suspect has given an unwarned confession, does not effectively comply with Miranda’s Constitutional requirement and thus the statement repeated after a warning in such circumstances is inadmissible. Respondent Seibert feared charges of […]

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High Cost of DWI Arrest

July 5th, 2004 · No Comments

Court costs, insurance-rate spikes and lost wages can cripple those who are convicted of drinking and driving. With the July Fourth holiday weekend beginning today, law enforcement agencies throughout the state will be cracking down on drunken drivers. Texas is one of several states participating in ”Operation C.A.R.E.” (Combined Accident Reduction Effort). The program is […]

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Fraud/S.E.C. Investigations

July 5th, 2004 · No Comments

INFORMATIVE POINTS FOR CRIMINAL FRAUD INVESTIGATIONS AND RELATED SECURITIES ENFORCEMENT INVESTIGATIONS Things to Know When Your Client Is Under Investigation 1. Federal criminal investigations are conducted by the U.S. Attorney’s Office and the grand jury, and may or may not occur simultaneously with an SEC investigation. 2. As in a criminal case, generally, your client […]

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Jury Selection

July 5th, 2004 · No Comments

JURY SELECTION SPEECH JUNE 11, 2004 DALLAS, TEXAS DAVID FINN MILNER & FINN INTERNATIONAL CENTER – PHASE IV 2828 N. HARWOOD STREET SUITE 1950, LB 9 DALLAS, TEXAS 75201 214/651-1121 PICKING A FAVORABLE JURY A. The Presumption of Innocence Many times have you picked a jury and you’ve heard the judge instruct the panel that […]

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Orders of Non-Disclosure

July 5th, 2004 · No Comments

Here’s some basic information on orders of non-disclosure. They are different than the rules relating to expunctions. A person who has successfully completed a deferred adjudication probation may be able to obtain an order of nondisclosure from the court. This order prevents government agencies from publicly disclosing criminal history information resulting from the offense. The […]

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Expunctions

July 5th, 2004 · No Comments

Here’s the scoop if you are interested in learning more about expuctions in Texas. If you have additional questions, please click here: David Finn Art. 55.01. Right to Expunction, Texas Code of Criminal Procedure (a) A person who has been placed under a custodial or noncustodial arrest for commission of either a felony or misdemeanor […]

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Blakely v. Washington

July 5th, 2004 · No Comments

Last week’s United States Supreme Court decision in Blakely spells the end of sentencing guidelines as we know them. The decision represents a great leap forward for sentencing reform because it stands for the proposition that no defendant will be punished for an unproven crime. Justice Scalia and the majority got it right. Justice O’Connor’s […]

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