David Finn – A Dallas Criminal Defense Lawyer

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

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Entries from May 2005

United States Supreme Court Reverses Arthur Anderson Conviction

May 31st, 2005 · No Comments

As Enron’s financial difficulties became public, Arthur Anderson, Enron’s auditor, instructed its employees to destroy documents pursuant to its document retention policy. Anderson was indicted, tried, and convicted by a federal jury. The Fifth Circuit Court of Appeals affirmed the conviction. But earlier today, the United States Supreme Court reversed the conviction because the trial […]

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New Texas UCW Law

May 26th, 2005 · No Comments

A person is presumed to be “traveling” under the unlawful carrying of a weapon statute if the person is: (1) in a private motor vehicle; (2) not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic; (3) not otherwise prohibited by law […]

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Plea Racket Bill Passes

May 26th, 2005 · No Comments

The following new laws are in effect Sept. 1: 1. No prosecutor may “initiate or encourage an attempt to obtain from an unrepresented defendant a waiver of the right to counsel,” or even “communicate with a defendant who has requested the appointment of counsel.” 2. No court may “direct or encourage the defendant to communicate […]

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The CSI Factor-Jury Trials

May 26th, 2005 · No Comments

Defense, Prosecution Play to New ‘CSI’ SavvyJuries increasingly are expecting TV-style forensicsBy Jamie Stockwell May 22, 2005 MSNBC News HINGTON – A Prince George’s County jury would not convict a man accused of stabbing his girlfriend to death because a half-eaten hamburger, recovered from the crime scene and assumed to have been his, was not […]

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DWI Breath Test: To Blow Or Not To Blow

May 25th, 2005 · No Comments

When faced with that question, here’s what a Texas Panhandle DA decided.This recent story was written by The Associated Press. Panhandle DA faces DWI chargeThe Associated Press Another Panhandle district attorney has run afoul of the law. Clay Ballman, district attorney for Hutchison and Hansford counties, faces a misdemeanor charge of driving while intoxicated. Rick […]

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Probation Overhaul Bill Passes

May 25th, 2005 · No Comments

HB 2193 passed. Its key features: Credit for time spent in jail as a condition, or time spent in a court-ordered program or facility, is mandatory. Maximum probation terms for third-degree felonies is 5 years. Juries can give probation to state jail felons (except for drug offenders who get automatic probation), but cannot give probation […]

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Discovery Bill Not Dead-Yet

May 25th, 2005 · No Comments

Remaining reciprocal discovery bill may have life. David Finn SB560, the reciprocal discovery bill, remains dead. However, the Senate amended HB969 with all the language from SB560, plus language that meets the objections from the prosecutors raised late in the session. This, too, is now a reciprocal discovery bill. This bill is now in conference. […]

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One to Watch-Due Process

May 20th, 2005 · No Comments

ONE TO WATCH – SEX OFFENDER REGISTRATION AND DUE PROCESS Coleman v. Dretke, U. S. Fifth Circuit Court of Appeals No. 03-50743 Coleman was convicted of burglary of a habitation in 1986. While on parole in 1991, he was indicted for aggravated sexual assault of a child and indecency of a child by contact. Pled […]

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Expunction Bill Passes Texas House

May 19th, 2005 · No Comments

Judge David Finn SB166 passed the House. It provides: Art. 55.03. EFFECT OF EXPUNCTION. When the order of expunction is final: (1) the release, maintenance, dissemination, or use of the expunged records and files for any purpose [other than a purpose described by Section 411.083(a) or (b)(1), (2), or (3), Government Code,] is prohibited;(2) except […]

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Texas Probation Overhaul Bill: Big Changes?

May 18th, 2005 · No Comments

Here are some of the features of SB1266, the probation reform bill currently in the Senate and likely to be voted on soon: Shortens the period of supervision for some (non 3g) offenses Deletes minimum period of community supervision in felony cases Deletes judge-authorized increases in the maximum period of community supervision State jail felons […]

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District Judge Barred From Cases

May 13th, 2005 · No Comments

Holly Huffman, an Eagle Staff writer, has reported that District Judge Rick Davis will not be allowed to preside over a series of upcoming cases assigned to his courtroom, including a capital murder trial set to begin next week, an administrative judge ruled Thursday. Judge Olen Underwood, presiding judge of the administrative region that includes […]

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Texas Parole Definitions

May 12th, 2005 · No Comments

Parole Definitions Texas Department of Criminal Justice (TDCJ) manages the overall operation of the state’s prison system, parole, and state jail systems. It also provides funding, training, and certain oversight of parole. TDCJ is the largest state agency in Texas. Institutional Division (ID) of the TDCJ is responsible for managing and operating the State’s prison […]

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Another Recent Reversal

May 11th, 2005 · No Comments

——————————————————————————In TheCourt of AppealsSixth Appellate District of Texas at Texarkana _____________________________ No. 06-04-00060-CR ______________________________ TONY ROY ELARDO, AppellantV.THE STATE OF TEXAS, Appellee ——————————————————————————– On Appeal from the 115th Judicial District CourtUpshur County, TexasTrial Court No. 13,526 ——————————————————————————– Before Morriss, C.J., Ross and Carter, JJ.Opinion by Justice Ross O P I N I O N Tony […]

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Murder Case Reversed-Fort Worth,Texas

May 11th, 2005 · 2 Comments

David Finn COURT OF APPEALS SECOND DISTRICT OF TEXASFORT WORTH NO. 2-02-126-CR EX PARTE SWANDA MARIE LEWIS ———— FROM CRIMINAL DISTRICT COURT NO. 1 OF TARRANT COUNTY ———— OPINION ON REMAND ———— INTRODUCTION On January 16, 2003, we issued our opinion reversing the trial court’s denial of pretrial habeas relief. Because we concluded that the […]

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Can Prosecutors Buy Testimony?

May 11th, 2005 · 1 Comment

Print or Email This Page National Association of Criminal Defense LawyersThe Champion MagazineRICO ReportMay 2005, Page 55 Can Prosecutors Buy Testimony?By Barry Tarlow Can a prosecutor pay a fact witness for testimony? Surprisingly, the question has no clear answer, and a split in the circuits has emerged. The general rules are reasonably clear about the […]

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Data Privacy & The 4th Amendment

May 11th, 2005 · No Comments

NACDL Champion MagazineMay 2005, Page 20 Data Privacy And The Vanishing Fourth AmendmentBy Daniel J. Solove To live in the modern world, we must enter into numerous relationships with other people and businesses: doctors, lawyers, merchants, magazines, newspapers, banks, credit card companies, employers, landlords, ISPs, insurance companies, phone companies, and cable companies. The list goes […]

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Getting Out Early-Federal Prison Drug Program

May 9th, 2005 · 6 Comments

GETTING OUT EARLY: BUREAU OF PRISONS DRUG PROGRAM By Alan Ellis and J. Michael Henderson The Federal Bureau of Prisons provides a very specialized program which can benefit offenders with substance abuse problems and, as an incentive, offers qualified offenders additional time off of their sentences beyond good conduct time. This program is known as […]

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