Browse Items (19 total)

DocketCallMay2000at1.pdf
Not surprisingly, courts tend to treat a guilty plea as a waiver of all but the most serious defects. This view is quite defensible as an efficient and just allocation of scarce judicial resources. The guilty-pleading defendant can't have it both…

STMU_HomecomingCLE2013Reamey.pdf
In 2006, the U.S. Supreme Court approved the use of “anticipatory search warrants.” Texas law, however, says nothing about such warrants and no Texas court has decided whether such a warrant, issued by a state magistrate, is valid. Despite this…

STMU_HomecomingCLE2011Reamey.pdf
The Fourth Amendment permits a search warrant to issue to look for contraband in a specified location, even if the contraband is known NOT to be in that location when the warrant is issued. Such warrants are issued in "anticipation" of the evidence…

31TexTechLRev931.pdf
When the language of the current article 14.03(a)(1) of the Texas Code of Criminal Procedure first appeared in Texas law, landmark decisions like Terry v. Ohio and Miranda v. Arizona were more than a century in the future. The criminal procedure…

18TexTechLRev1165.pdf
The "automobile exception" to the warrant requirement, was recognized by the Supreme Court in Carroll v. United States. The automobile exception does not, however, dispense with the requirement of probable cause. Rather, it recognizes the inherent…

April1_1988_TexasAttnyGeneralsCrimLUpdate_1.pdf
It has long been difficult to discern clearly the jurisdictional boundaries for the exercises of a Texas peace officer's warrantless arrest authority. This is due in part to the variety of "peace officers" recognized in Texas law, and in part to the…

45OklaLRev57.pdf
Because these clues of a strategy are found in the Fourth Amendment decisions of the Burger Court, it is unlikely that the changes in approach to individual privacy "just happened." While it may never be possible to discern which Justices of the…

47STexLRev887.pdf
The purpose of this article is not to identify and describe every instance in which Texas law departs from the traditional notion of punishment based strictly and proportionately on individual fault. Rather, the purpose is, through examination of…

52SMULRev703.pdf
It is a great loss that students at S.M.U. no longer will be "intimidated" by Walter Steele in the classroom, but no doubt others will continue to know that kind of intimidation-law graduates answering his bar exam questions, judges, lawyers, former…

EuropeanColloqium_Vienna1997Sept_Reamey.pdf
It is not clear that the successes of the American exclusionary rule can be obtained in other criminal justice systems, but it is certain that at least some of the costs and benefits would differ from those seen in the United States. In a system with…

53TexasBarJ1011.pdf
Until recently, when lawyers thought of spurious litigation or solicitation of clients by members of the legal profession, they thought only of attorney disciplinary rules and possible sanctions by a grievance committee, or perhaps a tort action for…

GoldAndBlue_SpringSummer1990_at5.pdf
Crime in our country is so pervasive and so seemingly unalterable that our youngest generation may literally be unable to remember a time when violent crime was not a characteristic of American life. In an effort to regain control of our city…

20HousLRev1279.pdf
"Assault" and "abuse," although often legally indistinguishable, have quite different connotations. Texas law has long defined assault as a criminal act without reference to the circumstances surrounding it. The definition of abuse, on the other…

ReameyCLE1984LegislativeChangesInTheLaw.pdf
This paper will survey the development of law concerning assaults on the young and the elderly with special emphasis on recently enacted and amended statutory provisions. Specifically, this discussion of assaultive conduct focuses on Penal Code…

TheMagazineOfTCAFall1983at14.pdf
One may question whether the criminal defense attorney has any obligation to address a client's personal problem as part of his legal representation. But legal representation certainly includes exploration of options designed to avoid future…

65BaylorLRev473.pdf
From the perspective of law enforcement, the ideal solution is a procedure that permits issuance of a search warrant before probable cause exists to believe the contraband or evidentiary items are present. Such a warrant then could be executed almost…

27Ariz.JIntlAndCompL693.pdf
Will the trend toward adversarial trials and hybrid rules of adjudication eventually produce, as some have predicted, a universal system? This article explains not only the influences propelling countries toward a similar view of criminal procedure,…

19HastingsConstLQ295.pdf
This Article first explores the development of a line of cases based on a reasonableness standard, in which the Supreme Court abandoned probable cause and warrants, the traditional Fourth Amendment safeguards, because of the presence of "special…
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