Texas criminal defense lawyers who have received physical evidence incriminating their clients are in an ethical no-man’s-land and vulnerable to prosecution. There is currently no clear ethical rule to guide the defense lawyer and no real protection from being used as a law enforcement tool against your own client.
In the early 1990s, when I was a law student, I worked on an appeal from the re-sentencing trial of a Travis County capital murder case, that of David Lee Powell.
Careful observers of the criminal justice scene in my part of the world note that Federal prosecutors file and pursue a lot more conspiracy prosecutions than do their State court counterparts. Many assume, I believe, that this is because conspiracy prosecutions require special investigative talents found only in the Justice Department and the various Federal investigative agencies.
- President's Message: Numero Cinco - By John A. Convery
- Executive Director's Perspective: Fall Seminars - By Joseph A. Martinez
- Ethics and the Law: Slim to None - By Robert Pelton
- Off the Back: Using Metrology to Understand Forensic Measurements - By Stephen Gustitis
- Federal Corner: Child Pornography; The Playpen; The Onion Router (“Tor”); Network Investigative Technique (“NIT”) Warrants; Suppression; and, Confusion in the Courts - By F. R. Buck Files Jr.
- Shout Outs