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March 2015 Archives

Supreme Court accepts juvenile law case that could resolve split over previous decision

In 2012, the U.S. Supreme Court ruled that juvenile offenders cannot constitutionally be sentenced to life in prison without the possibility of parole. That ruling, which applies even to juvenile murder cases, was significant in that it set a clear limitation on judges handling sentencing for troubled youth.   

Bill would impose harsher penalties on first time DWI offenders

Drunken driving is an important highway safety issue in every state, and especially in the state of Texas, which claims the greatest number of drunken driving fatalities per year. There are a variety of strategies that have been and are being used in the battle against drunken driving, and these naturally include stricter criminal penalties. If lawmakers in Texas have their way, the penalties are about to become stricter, particularly for first time offenders.

When a forced blood draw goes really badly, P.2

In our last post, we began speaking about a Texas woman who is currently suing multiple parties in court over a horrible blood draw to which she was subjected. While hers is a civil case which deals with allegations of unlawful search and seizure, assault, battery, negligence, excessive use of force and medical malpractice, improperly performed blood testing is also something that must be dealt with in criminal defense.

When a forced blood draw goes really badly

In our last couple posts, we spoke about some of the consequences of refusing to submit to an alcohol test in Texas. One of the points we noted was that while Texans may refuse to submit to an alcohol test, officers may still be able to obtain one if they obtain a search warrant. Often, officers will force a DWI suspect to submit to a blood draw, since accuracy and propriety are less of an issue with blood testing when a suspect isn’t cooperating.

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