By Jeffrey Hines | Published April 29, 2013 | Posted in Uncategorized | Comments Off on SCOTUS Justices Concerned About Allowing Prosecutors to Use Pre-Miranda Silence as Evidence of Guilt
On Wednesday, April 17, 2013, the United States Supreme Court heard oral arguments in the case of Genovevo Salinas v. Texas, an appeal from Harris County, Texas, for a 1992 murder conviction. During police questioning, and before he was arrested and read his Miranda warnings, Salinas answered some questions but did not answer when asked Read More
Read MoreIn Missouri v. McNeely, decided Wednesday, April 17, 2013, the U.S. Supreme Court ruled that the natural dissipation of alcohol by the human body was not a sufficient cause to waive the requirement of a search warrant to obtain a blood sample from a DWI suspect. The case arose from the arrest of Tyler G. Read More
Read MoreCovenants not to Compete in an Employment Contract can be a valuable tool for Employers who are looking to protect their interests in a competitive market. They can allow Employers to freely train, and provide confidential information to Employees that would give their competitors an advantage over them should the Employee leave to join a Read More
Read MoreTexas House Bill No. 63 and Texas Senate Bill No. 28 entered as the Alex Brown Memorial Act on November 12, 2012 would prohibit, with limited exceptions, the use of a handheld wireless communication device to read, write, or send a text message while operating a motor vehicle unless the vehicle is stopped. This ban Read More
Read MoreUS Supreme Ct. to decide whether police can take blood without warrant. This has major implications for DWI law and the 4th Amendment. Read more here. If the Court rules for the state in this matter, it may allow police to take all suspects who refuse breathalyzer or field sobriety tests directly to the hospital for mandatory Read More
Read MoreThis week I tried a DWI to a jury. The jury deliberated for 50 minutes and came back with a not guilty verdict. The jury trial has inspired a number of future blog topics: Loss of the normal use of physical or mental faculties — In addition to the breath or blood test, this is Read More
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