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May 2015
May 2015 Complete Issue - PDF Download
Thursday, May 21st, 2015
Features
21 | Extending Riley and Wurie: Warrant­less Privacy Intrusions on Location Records of Texas Defendants - By Drew Willey w/ Angela Cameron
26 | Learning the Rules of Evidence the Hard, Slow Way - By Ed & Sara Stapleton
34 | Shifting Burdens of Proof in a Motion to Suppress - By Kyle Therrian
Extending Riley and Wurie: Warrant­less Privacy Intrusions on Location Records of Texas Defendants
Thursday, May 21st, 2015

Riley and Wurie are unanimous wins for the Fourth Amendment.1 Law enforcement is now required to obtain a warrant before searching cell phones incident to arrest.

Learning the Rules of Evidence the Hard, Slow Way
Thursday, May 21st, 2015

In earlier articles, we offered 25 rules of evidence in our order of importance. That leads to the question of how best to learn them? Memory is a big subject and important beyond learning what needs to be known about evidence.

Shifting Burdens of Proof in a Motion to Suppress
Thursday, May 21st, 2015

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 based upon small and often trivial details.

The Means of Mitigation
Thursday, May 21st, 2015

Has any trial judge ever said, “Well, the Defendant has cancer, so I will assess the maximum sentence available,” or “Leukemia? He has leukemia? Then he gets life without!” Such a sadistic lack of compassion—that a person should suffer an enhanced punishment because of a condition that he or she did not purposefully acquire, a condition that causes suffering and disability—tarnishes a reputation for fairness.

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