JoAnne M. Musick Today, the United States Court of Appeals for the 5th Circuit found the federal statute that prohibits the possession of a firearm by someone who is subject to a domestic violence restraining order to be unconstitutional. (USA vs. Rahimi) The basis of this decision is that prohibiting the possession of a firearm is infringing upon … Read more
Got questions about criminal cases? Don’t know where to start? We’ve got you covered with a quick overview of criminal law, hiring a lawyer, what happens in court, and more. What do I look for in hiring an attorney? Most importantly, you need a lawyer with experience in the area of law where your problem … Read more
Thinking about getting a divorce? Recently filed for divorce? Recently served with a divorce? If you answered, yes, to any of these questions, you need to know about divorce disclosures. For decades, the Texas Rules of Civil Procedure encompassed requests for disclosures that allowed parties to serve their opposing parties with “requests” for disclosures. The … Read more
In January 2017, I left private practice and returned to the Harris County District Attorney’s Office. I loved the practice of law and especially defending those accused of criminal offenses, but I was offered an opportunity to change the system…from the inside. By returning to the District Attorney’s Office, I was able to help shape … Read more
For years, Texas and particularly Harris County, has struggled with the concept that prosecutors are to seek justice, not just convictions, and further they are to disclose favorable evidence, mitigating evidence, and even impeachment evidence. You know, the Brady stuff! Well Texas wins loses again and requires the Court of Criminal Appeals to affirm that … Read more
One year ago today, I wrote “Just Because You Can, Doesn’t Mean You Should” to discuss the discretion of prosecutors. Prosecutors can and do choose which offenses and people they will prosecute. It’s a matter of resources. It’s a matter of proof. It’s a matter of discretion. Every case that is prosecuted requires some portion … Read more
Yes, I said HPD Crime Lab rather than Houston Forensic Science Center. Despite the fancy new name and claimed independence, it’s the same old game. This time the Lab commissioned an audit of its crime scene unit related to officer-involved shootings. The purpose of the audit was to address complaints by the District Attorney’s Office … Read more
Late for Work? Call a Trooper and Get to Work on Time You’ve seen police escorts many times. Sometimes it’s a wide load. Other times maybe a caravan of equipment. Maybe even a funeral procession. We’ve come to expect them from time to time on Texas roadways. But did you know you could hire one … Read more
Brass knuckles are just one of the weapons that is prohibited in Texas. For that matter, brass or not, the knuckles are prohibited. Why then do so many students get arrested with them? Kids are getting arrested, rather frequently, in schools with brass knuckles. Of course, the kids aren’t really even sure they are knuckles … Read more
About a week after the heinous attack on Dallas police officers, media sought to understand more about the killer. They learned the gunman was honorably discharged from the military but knew he had been involved in some sort of sexual harassment. In their quest to fill the ever-growing hunger for details to report, the Associated … Read more