Dallas Criminal Lawyer – David Finn

The personal online journal of David Finn, Dallas criminal lawyer and former elected criminal trial judge.

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Entries from February 2008

New Case- Confrontation Clause in Texas

February 20th, 2008 · No Comments

TEXAS COURT OF CRIMINAL APPEALSFebruary 2008
 Criminal Practice Confrontation Clause
• Because nothing indicated that an emergency situation was still in progress, Lalania Hollimon’s statements to Deputy Sheriff Stephen Chapman concerning the details of the assault were testimonial in nature. Therefore, the admission of those details into evidence violated the confrontation clause.
Vinson v. State, [...]

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DWI Technical Supervisor Testimony-David Burrows

February 20th, 2008 · No Comments

Technincal Supervisor Testimony
TESTIMONY OFKRISTI SWEARENGINTECHNICAL SUPERVISORApril 14, 2005
TESTIMONYKRISTI SWEARENGIN, having been duly sworn, was examined and testified as follows:
DIRECT EXAMINATION BY MR. BOYD: Q. Okay, Kristi, let’s see. What we’ve got here is John Doe was supposedly pulled over at 4:13 p.m. and then we have a breath test at 17:23 p.m. Can you [...]

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6th Circuit: Acquitted Conduct & Booker

February 1st, 2008 · No Comments

Full Sixth Circuit Considers Sentences Enhanced byAcquitted Conduct in the Post-Booker World
The Sixth Circuit has decided to examine, en banc, whether a defendant’s sentencecan be increased based on conduct that the jury acquitted him of, in light of Booker.In United States v. White, 503 F.3d 487 (6th Cir. 2007), reh’g en banc granted, op.withdrawn, 2007 [...]

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