F. R. Buck Files, Jr.

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Buck Files, a member of TCDLA’s Hall of Fame and the President of the State Bar of Texas, practices in Tyler, Texas, with the law firm Bain, Files, Jarrett, Bain & Harrison, PC.

Stories from F. R. Buck Files, Jr.

Tuesday, August 19th, 2014

On June 26, 2014, the headline in The New York Times read, “Justices, 9–0, Rule Cellphone Search Needs a Warrant.” The day before, the Supreme Court had announced its decision in Riley v. California, ___S.Ct.___, WL 2864483 (2014), holding that police generally may not, without a warrant, search digital information on a cell phone seized from an individual who has been arrested. Chief Justice Roberts authored the opinion of the Court. All of the other Justices except for Justice Alito joined in the opinion.

Thursday, July 17th, 2014

Prosecutorial discretion can be a wonderful thing. Over the years, Texas and federal prosecutors have listened to my pleas for leniency and—on a bunch of occasions—have chosen either not to indict or to charge my client with the commission of a lesser offense. Sometimes, though, prosecutorial discretion can go the other way and a client can receive a harsh sentence that is simply not appropriate under the facts of the case. We’ve all seen that.

Wednesday, June 4th, 2014

Part Two: The Supreme Court’s Decision in Paroline

Introduction

In Part One, I discussed Paroline’s journey from the United States District Court for the Eastern District of Texas to the Supreme Court of the United States, and how Stanley Schneider, Casie Gotro, and I became Paroline’s Team. Now, we continue with the Supreme Court’s resolution of his case.

We Win the Causation Issue

Tuesday, April 29th, 2014

On February 24, 2014, the Supreme Court, in a per curiam opinion, held that a defense counsel’s failure to request additional funds to replace an inadequate expert amounted to deficient performance. Hinton v. Alabama, 134 S. Ct. 1081 (2014). One sentence from that opinion leaped from the page and grabbed me by the throat: “Criminal cases will arise where the only reasonable and available defense strategy requires consultation with experts or introduction of expert evidence.” Harrington v. Richter, 562 U.S.

Wednesday, January 29th, 2014

On December 5, 2013, a panel of the United States Court of Appeals for the Seventh Circuit did not send Frank Caira an early Christmas present; instead, they affirmed his convictions for conspiracy to commit murder of a United States official and solicitation of a violent felony. United States. v. Caira, ___F3d___, 2013 WL 6326589 (7th Cir. 2013) [Panel: Chief Judge Wood and Circuit Judges Easterbrook and Hamilton. Opinion by Chief Judge Wood].

The Court held that:

Wednesday, November 20th, 2013

Interesting Fourth Amendment issues can occasionally be found in forfeiture cases; e.g., a panel of the United States Court of Appeals for the Seventh Circuit, in a forfeiture case, recently held that:

Wednesday, November 6th, 2013

Law enforcement officers stopped Waldo. Law enforcement officers questioned Waldo. Law enforcement officers began to frisk Waldo. Waldo ran away. Law enforcement officers caught Waldo, searched Waldo, and found something that was illegal. Waldo was prosecuted and convicted and what did the appellate court probably write?

Tuesday, October 1st, 2013

For this column, I decided that I would break my mold and try something different. For the past 170+ columns, I have focused on only one case per column, but I saw something in mid-August that was just too good to pass up. Lawyers in two cases were engaging in role reversals. In the Third Circuit, a defendant’s attorney complained of the district court’s refusal to grant use immunity to a defense witness. U.S. v. Quinn, ___F.3d___, 2013 WL 4504647 (3rd Cir.

Saturday, September 7th, 2013

Unintended legal research almost always begins with my finding an article in the New York Times that peaks my interest and leads me into doing some structured WestLaw research. That happened on July 30th, as I was looking at the New York Times app on my iPad and saw an article entitled “Warrantless Cellphone Tracking Is Upheld” by Somini Sengupta that was to appear in the next morning’s edition of the Times. The article began with these two lead paragraphs:

Saturday, July 20th, 2013

Scott Rothstein was a successful lawyer who became the Chairman and CEO of Rothstein, Rosenfeldt and Adler, P.A. (RRA)—a Florida law firm with 70 lawyers. But that’s not the story.

Rothstein was charged in a five-count Information that alleged violations of the RICO statute: 18 U.S.C. § 1962(c). The charges were based on a common allegation that Rothstein operated a “Ponzi” scheme by

Thursday, June 6th, 2013

United States District Judge Karon Owen Bowdre of the United States District Court for the Northern District of Alabama, Southern Division, recently authored a memorandum opinion having to do with the Crime Victims Right Act: 18 U.S.C. § 3771. United States of America v. Michael Heath Thetford, WL 1309851 (2013). The CVRA can be a pain for defense lawyers, prosecutors and the judges of the federal courts. Any defense lawyer who has been through a case involving a Ponzi scheme with multiple victims can attest to this.

Tuesday, May 7th, 2013

A conflict of interest between a lawyer and a client is a terrible thing. Even an allegation that such a conflict existed at the time of the lawyer’s representation of the client can haunt the lawyer for years to come. The safest course to take when there is such an allegation is for the lawyer to run away and fight another day.

Wednesday, April 3rd, 2013

On February 19, the Supreme Court held that the Summers rule, which allows officers executing a search warrant to detain the occupants of the premises, is spatially constrained and limited to the immediate vicinity of the premises to be searched. Bailey v. United States __S.Ct.__, 2013 WL 598438 (2013). KENNEDY, J., delivered the opinion of the Court, in which ROBERTS, C. J., and SCALIA, GINSBURG, SOTOMAYOR, and KAGAN, JJ., joined. SCALIA, J., filed a concurring opinion, in which GINSBURG and KAGAN, JJ., joined.

My Report to TCDLA
Tuesday, February 12th, 2013

When Waxahachie attorney Ron Bunch and I were elected to the State Bar Board of Directors in 2004, we became the only TCDLA members to be serving on the board. What we found was appalling: The Executive Director of the State Bar of Texas had never worked with—or even met—the Executive Directors of TCDLA or TDCAA.

Tuesday, February 12th, 2013

Fernando Fraga had a partial victory at the United States Court of Appeals for the Fifth Circuit on January 10, 2013. A panel of the Circuit held that United States District Judge Janis Graham Jack’s a sentencing error in automatically imposing a lifetime sentence of supervised release affected the defendant’s substantial rights. The Court vacated the order pertaining to Fraga’s lifetime term of supervised release and remanded the case for further proceedings on this issue. __ F.3d __ (5th Cir.

Friday, December 28th, 2012

On March 28, 2012, a panel of the United States Court of Appeals for the Seventh Circuit affirmed the conviction of Marvin Peugh and the 70-month sentence imposed by United States District Judge Fredrick Kapala of the Northern District of Illinois. The Court held that using the United States Sentencing Guidelines in effect at time of sentencing, rather than at the time of the offense, did not violate the Ex Post Facto Clause. (Emphasis added.) United States v. Peugh 675 F.3d 736 (7th Cir.

Tuesday, November 20th, 2012

The Honorable Carl E. Stewart is now the Chief Judge of the United States Court of Appeals for the Fifth Circuit. He is a Clinton appointee who has served on the Court since 1994 and became Chief Judge on October 1, 2012. He is the first African-American to serve in this capacity.

Thursday, October 25th, 2012

On occasion, the Supreme Court will tease us by handing down a three-line opinion that does not give us guidance but only raises questions. That is what occurred on October 1, 2012, when the Court wrote, “The motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Fourth Circuit for further consideration in light of Williams v. Illinois, 132 S.Ct. 2221 (2012). Shanton v.

Wednesday, October 3rd, 2012

On August 14, 2012, The United States Court of Appeals for the Sixth Circuit affirmed the conviction of Melvin Skinner, a drug defendant whom law enforcement officers had tracked—by using data from Skinner’s cell phone—from Tucson, Arizona, to near Abilene, Texas, where they arrested him. United States v. Skinner, ___ F.3d ___, 2012 WL 3289801 (6th Cir. 2012)

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