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 [...]
Entries from July 2004
Missouri v. Seibert
July 5th, 2004 · No Comments
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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 can assert the [...]
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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 a defendant enjoys the presumption of innocence-and you see the panel nod with [...]
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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 criminal offense [...]
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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 is [...]
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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 despair is [...]
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