Dallas Criminal Lawyer – David Finn

In Virginia v. Moore, case number 06-1082, the Supreme Court today decided that just because police officers violate state law by arresting a person for an offense that is not subject to arrest, a search incident to that
(unlawful) arrest does not violate the Fourth Amendment. And it was a unanimous decision (Justice Ginsburg only concurred in the judgment).

[Read more →]

David Finn: In addition to the individuals named in the following article, credit for the distribution of this material goes to Tony Lacy, Assistant Public Defender, Western District of Oklahoma, Oklahoma City, Oklahoma.
It’s old, so check the Federal Code before relying on the information.
A giant “Thank You� goes out to Sherri Katz, Research and [...]

[Read more →]

CRIMINAL PRACTICE IN TEXAS
STATE AND U.S. DISTRICT COURTS – A COMPARISON

by: George R. Milner, III
Milner & Finn
Dallas, Texas
www.milnerfinn.com
I. INTRODUCTION
Most attorneys will begin their careers practicing in either state or federal court, but rarely both.

[Read more →]

UPDATES TO
by John Teakell
Milner & Finn
Dallas, TX
Federal Bar Assn.’s Federal Criminal Practice Seminar
April 11, 2008
“THE ADAM WALSH ACT�
AN OVERVIEW
Re: Adam Walsh Child Protection and Safety Act of 2006 – H.R.4472 – Public Law No: 109-248
I. Note
There are no official changes; however, there are several proposed updates moving through Congress. I listed the citations on those [...]

[Read more →]

Rita, Gall and Kimbrough:
A Chance for Real Sentencing Improvements
Amy Baron-Evans
April 4, 2008
In a series of cases beginning in 1999, the Supreme Court examined the historical
roots of the right to jury trial in both the original Constitution and the Bill of Rights. See U.S. Const. Art. III, § 2, cl. 3, U.S. Const. Amend. 6. [...]

[Read more →]

As many of you know, the first shot fired in the modern Sixth Amendment revolution left the Supreme Court’s muzzle seven years ago in Apprendi v. New Jersey.
In that opinion, the Court explained that the Sixth Amendment mandated that “other than the fact of a prior conviction, any fact that increases the penalty for a [...]

[Read more →]