By Brian Tackett | Published June 18, 2013 | Posted in Family Law | Tagged Tags: Dallas, DNA, Exoneration, Sexual Assault, Texas Supreme Court, Wrongful Conviction | Leave a comment
Is Compensation for Wrongful Conviction Community Property?
The Supreme Court of Texas will answer that question in a case of first impression in Texas as well as the rest of the nation. In 1983 Steven Phillips was convicted of sexual assault. He would spend the next 24 years in jail. During that time, his marriage ended. Eventually, DNA evidence exonerated him and Read More
Read MoreSCOTUS 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 MoreUnited States Supreme Court Rules that Police Need A Search Warrant to Draw Blood from a DWI Suspect
In 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 MoreThe Texas Homeschool Coalition Aims to Restrict Grandparent Rights with HB 2547 and SB 1194
Grandparent rights are always a contentious issue in Texas family law cases, and now the Texas Homeschool Coalition is wading into the fray with the Texas Parental Rights Restoration Act (TPRRA) (HB 2547). The proposed legislation would make it much more difficult for grandparents to obtain court ordered possession of their grandchildren, and it would Read More
Read MoreTexas Covenants Not to Compete: Part 3
When a party to a Covenant Not to Compete seeks to enforce that same covenant, they have limited options. Each case is different, and the party should consult with their attorney before taking any action. Improperly addressing the issue could cost the party their rights of enforcement, potential remedies, and could even subject them to a Read More
Read MoreTexas Covenants Not to Compete: Part 2
Definitions and Enforcement of Covenants Not to Compete 1. Definitions The law uses complex, and often times confusing terminology. This entry is designed to help the reader follow along as Covenants not to Compete are discussed more in depth over coming articles. A “Covenant not to Compete” is an agreement not to engage in the Read More
Read MoreTexas Covenants Not to Compete: Part 1
Covenants 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 MoreClear Your Record: Expunctions and Non-Disclosures
We live in the information age, in which a person can find information about virtually any thing (or person) in just a few key strokes or mouse clicks. This access to information enables employers, schools, apartments, mortgage companies, etc. to easily conduct background checks. These entities will likely make judgments and reach conclusions about you Read More
Read MoreSupreme Court to Settle Takings Clause Dispute Regarding Wetlands Preservation
Last week the U.S. Supreme Court heard oral arguments in Koontz v. St. Johns River Water Management District. The Supreme Court’s decision, expected to be issued in June, will settle a nearly 20 year dispute between the Koontz family and the State of Florida over the development of a 14.2 acre parcel containing wetlands that Read More
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