Texas |

Civil Law

Texas Bar Foundation recognizes Craig T. Enoch

The Texas Bar Foundation honored retired Supreme Court of Texas Justice Craig T. Enoch with the 2024 Gregory S. Coleman Outstanding Appellate Lawyer Award, according to a press release.

The award, established in 2011, commemorates the late attorney Gregory S. Coleman and celebrates the ideals and standards that Coleman demonstrated in his appellate practice and personal life. Recipients exhibit an outstanding appellate practice while maintaining a strong commitment to providing legal services for the underserved. The award also recognizes dedication … Read the rest

Supreme Court

Texas man on death row presses claim of attorney abandonment

The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

Individuals held in state prison can challenge their convictions in federal court through a device known as a petition for a writ of habeas corpus. But under the Antiterrorism and Effective Death Penalty Act of 1996, known as AEDPA, they generally only have one opportunity to do so. This week, … Read the rest

Criminal Law

Rethinking Texas ‘Law of Parties’

The Texas “law of parties” allow prosecutors to seek and secure the execution of individuals involved in what is more generally known as “felony murder” crimes—offenses that involve more than one person, all of whom can be prosecuted as equal participants even though one or more of the participants may have had no direct involvement in the murder.

Since 1985, there have been 11 such executions carried out in six states in this country, according to the Death … Read the rest

Supreme Court

Outspoken critic on Texas city council seeks to revive lawsuit over retaliatory arrest

The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

Four years ago, the Supreme Court ruled in Nieves v. Bartlett that a plaintiff who alleges he was arrested in retaliation for speech protected by the First Amendment must show that police lacked probable cause to arrest him. However, the decision carved out an exception to deal with situations in … Read the rest

Criminal Law

New York-Based Chinese Gang Steals 3,000 Texas IDs in Cyber Fraud Case

Texas driver’s licenses are designed to stave off copies and fraud, but a criminal organization obtained some 3,000 real IDs from the state’s government in a cyber fraud case, Rudy Koski reports for Fox Austin.

According to authorities, people of Asian descent were the criminal group’s primary targets, which investigators say is a Chinese gang based out of New York. The group allegedly got through online security questions by using stolen personal information to obtain the IDs.

The Crime Report… Read the rest

Supreme Court

Justices request federal government’s views on Texas and Florida social-media laws

The Supreme Court on Monday asked the Biden administration for its views on a pair of controversial social-media laws enacted in Texas and Florida. Passed in response to beliefs that social-media platforms were censoring their users, particularly those expressing conservative political views, both states’ laws seek to regulate the content-moderation policies of social-media companies like Facebook and Twitter.

The justices asked the solicitor general to weigh in on NetChoice v. Paxton (a pending petition on the Texas law) and … Read the rest

Supreme Court

Justices revive Texas man’s bid to throw out conviction that state prosecutors no longer defend

The Supreme Court on Monday revived efforts by a Texas inmate to throw out his conviction and death sentence in a case in which prosecutors agree that he should get a new trial. The ruling in favor of Areli Escobar came on a list of orders released from the justices’ private conference last week. The justices did not grant any new cases, but they called for the Biden administration’s views in three cases and denied review in over 300 … Read the rest

Civil Law

Jury trial begins in fraud and conspiracy trial involving Blue Blue, an iconic Texas brand

AUSTIN — The timeline played the starring role during the opening arguments at the jury trial of the United States v Paul Kruse.

Department of Justice attorney Matthew Lash for the prosecution and Houston defense attorney Chris Flood opened the trial. Taken together, they suggested that a food company, during an investigation, can fully cooperate with FDA and state agencies but still face conspiracy and fraud charges if it does not respond with thorough responses to public inquiries that may … Read the rest