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Recent Posts in Sixth Amendment Category

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Brady v. Maryland And The Prosecutor's Duty To Disclosre

In Brady v. Maryland, the Supreme Court addressed one of the most important aspects of the Due Process Clause and the defendant's right to a fair trial. In Brady v. Maryland, the United States ...
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Can I Go To Trial While I Am Handcuffed?

Simply because someone is in jail awaiting his or her trial does not mean that they waive some fundamental rights to a fair trial. Yesterday, we addressed the issue of whether a defendant can be tried ...
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If I Am In Prison During My Trial, Do I Get To Change Clothes?

We have discussed a defendant's right to a fair trial. Apart of this concept, is the right of the accused to be presumed innocent by an impartial jury. Many times, a trial court will set the bond ...
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Pretrial Media Coverage: Henley v. State - A Case On Point

Yesterday, we addressed the situation of highly inflammatory cases that suffer pretrial publicity due to the nature of the crime or the celebrity of the person that is charged with the crime. In ...
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What If There Has Been Substantial Media Coverage Before My Trial?

In cases such as OJ Simpson or Casey Anthony, there has been substantial media coverage of these "cases of the century." In all of these "cases of the century" there was a lot of ...
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Can The Media Attend My Trial?

The Texas Code of Criminal Procedure specifically states that "[i]t is the duty of the trial court, the attorney representing the accused, the attorney representing the state and all peace ...
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Right To A Fair Trial And Courtroom Atmosphere

The right to a fair trial is one of the most important requirements that must be upheld for a criminal defendant. This right goes hand-in-hand with the presumption of innocence. The presumption of ...
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Right To A Fair Trial Continued.

As we noted yesterday, a fundamental part or requirement of due process is a fair trial. The Code of Criminal Procedure and the Texas Constitution objectives are to ensure that the accuse the right to ...
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What Due Process Rights Does A Person Have To A Fair Trial?

As enumerated in the Sixth Amendment, a defendant has a right to a speedy and public trial. The Due Process Clause of the Fourteenth Amendment requires that certain processes are "due" to ...
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What Does It Mean To Have A Jury Trial?

Inherent in our analysis of the right to a speedy trial, is the prinicple that a defendant has a constitutional right to to be heard, in other words, have a right to have a fair trial. The phrase fair ...
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What Is The Right To A Speedy Trial?

As we noted yesterday, the Sixth Amendment to the United States Constitution guarantees a defendant's right to a speedy trial. In addition to this protection, Article I, Section 10 of the Texas ...
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What Is The Sixth Amendment To The United States Constitution?

The Sixth Amendment to the United States Constitution states that In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and ...
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Police Officer Posing As Attorney Violates Sixth Amendment Right

John Dawson, was charged with multiple indictments of theft and with two counts of sale/delivery of cocaine and a controlled substance. He was currently in the federal penitentiary and was transported ...
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Why You Should NEVER Talk to the Police (part 2) - Roger Clemens Indicted for Obstruction, Lying About Steroid Use

This post is a follow up to Why You Should NEVER Talk to the Police. Apparently Roger Clemens didn't get the message. Roger Clemens Indicted for Obstruction, Lying About Steroid Use Roger Clemens, ...
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Why You Should NEVER Talk to the Police

Most experienced defense lawyers will tell you that the first words out of their mouth when they get the 3AM phone call from the jail are: "don't say anything!" But for some reason, criminally accused ...
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Child Pornography Bust in Houston

Police in Houston, Texas have uncovered what investigators report as the largest child pornography collection they have ever seen. Todd Ewanko, a 46 year old pilot, is being charged with possession ...
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New DNA Evidence Exonerates Innocent Men

Over the past 10 years, 39 Texas inmates have been exonerated in light of new DNA evidence. 19 of those men were from nearby Dallas County alone. All were wrongfully convicted of crimes such as rape, ...
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Local Control of Gun Laws Diminished by Supreme Court

Gun rights advocates have won another victory. Although the 2nd Amendment states "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear ...
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Fort Worth Police Seek Information on Attacks Near Rainbow Lounge

Fort Worth Criminal Defense Law Firm Fort Worth police are asking victims of assaults near the Rainbow Lounge, a well known gay bar, to come forward. Fairness Fort Worth, an advocacy group for ...
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Report Finds States Holding Fewer Prisoners

Texas Criminal Defense Law Firm State prison populations, which have grown for nearly four decades, have begun to dip, according to a new report, largely because of recent efforts to keep parolees out ...
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Death Penalty Pursuit: Cost v. Certainty

Texas Criminal Defense Law Firm More prosecutors are deciding not to seek the death penalty in cases where it's an option, two local district attorneys said after two cases in which pursuing the ...
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Judge rules no "necessity defense" in abortion case.

Plano, Frisco, Dallas, Fort Worth Criminal Defense Law Firm A judge ruled Tuesday that Kansas law doesn't allow a so-called "necessity defense" in the trial of a man charged with killing ...
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Police Armed With...Syringes

Plano, Frisco, Dallas DWI Lawyer Police say syringes will help stop drunk driving When police officer Darryll Dowell is on patrol in the southwestern Idaho city of Nampa, he'll pull up at a stoplight ...
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Keep Your Mistakes in the Past

Collin County Expunction / Non-Disclosure Lawyer in Plano and Frisco Expunctions If you have ever been arrested for an offense which was either dismissed, acquitted, or reduced to a Class C ...
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Texas DWI Court Process

DWI Attorney in Plano, Texas Arrest After you have been arrested on DWI charges, you will be brought back to the police station where you will be booked and processed. After the booking process, you ...
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