by Bert | Oct 17, 2018 | Texas
In El Paso County, a judge issued detailed findings early this month that represent good news for death row inmate Rigoberto Avila, Jr. For years, Mr. Avila has been challenging his capital conviction for the murder of his friend’s 19-month old son. As we explore...
by Bert | Jul 18, 2018 | Texas
If you have read any news about U.S. v. Swenson—a recent federal Fifth Circuit ruling—you saw that the district court judge made some sexist comments to the Government’s lawyers before dismissing the case. And, if you read the Fifth Circuit’s opinion, you may have...
by Bert | Jun 19, 2018 | Texas
We often emphasize the powerful position prosecutors hold in our nation’s bloated criminal justice system. In theory, judges serve as an independent check on that awesome prosecutorial power; they are supposed to enforce a defendant’s rights and apply the rules to...
by Bert | May 11, 2018 | Texas
It has been a lively week in Tarrant County. Two high-profile criminal cases are back in the news, and both demonstrate the influence that false claims and Brady can play when the State is intent on winning convictions. A trial court on Tuesday recommended to the...
by Bert | Feb 26, 2018 | Texas
Last year was interesting for those tracking what’s happening on Texas’s death row. The State executed seven individuals, leading the nation, but did so in the midst of a massive decline in the overall number of executions in America, and a trend of declining death...
by Bert | Feb 5, 2018 | Texas
Taking a page from the U.S. Supreme Court’s heinous playbook, a panel of the Fifth Circuit in June of 2017 reversed a $2 million judgment a jury awarded George Alvarez. In 2006, Mr. Alvarez pled guilty to assaulting a public servant—a charge levied against him by a...
