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Texas Court Finds No Expectation of Privacy in Cell Phone Records, Location Data

By: John Floyd On April 12, 2017, the Texas Court of Criminal Appeals ruled that Article I, Section 9 of the Texas Constitution does not provide broader privacy rights than the Fourth Amendment to the U.S. Constitution. The case involves G. Jerard Hankston who was convicted of the murder of a man that had been […]

Shifting Burdens of Proof in a Motion to Suppress

By Kyle Therrian Rosenthal & Wadas, PLLC www.rosenthalwadas.com The allocation of burdens in a motion to suppress hearing is a “Choose Your Own Adventure.” Unlike in trial, where we simply add up proof in a linear fashion, a motion to suppress in Texas courts has burdens which are raised, lowered, and/or shifted back and forth […]

Criminal Appeals: Five Things to Know

By Kyle Therrian www.rosenthalwadas.com Criminal appeals are complex. It would be impossible to distill the entirety of criminal appellate practice into five bullet points. On the other hand, some aspects of criminal appeals are more paramount than others–especially when it comes to determining whether to set aside some time to meet and discuss your case […]