cases in texas where a attorney is prosecuted for not disclosing information

Can a prosecutor refuse to recognize exculpatory evidence in Texas?

 · Texas Law. In certain cases, Texas individuals are able to have their criminal record expunged (i.e. cleared), or they may petition for their record (including juvenile records) to be sealed through a nondisclosure order. Below you will find references to the areas of the Texas Code of Criminal Procedure, the Texas Government Code and the Texas Family Code that …

How does a lawyer disclose information in litigation?

 · NEWS. 4 Cases About Texas Attorneys, Law Firms Headed to State Supreme Court. Lawyers can look forward to Texas Supreme Court oral arguments in four cases examining when a tolling rule applies to ...

What are expunctions and nondisclosures in Texas?

The Criminal Prosecutions Division has four sections that aid local jurisdictions where the county may not have the expertise or the resources available to investigate or prosecute a complex case. They assist if a conflict of interest prohibits the local jurisdiction from taking part in the case. Under Texas law, the county or district attorney has primary jurisdiction to prosecute most …

How many cases in Texas are overturned due to prosecutor errors?

The Texas attorney discipline system is governed by the Texas Disciplinary Rules of Professional Conduct and the Texas Rules of Disciplinary Procedure. The ethics rules define proper conduct for purposes of professional discipline. The procedural rules provide the mechanism by which grievances are processed, investigated, and prosecuted.

What is the Michael Morton Act in Texas?

On January 1, 2014 Senate Bill 1611 (SB 1611) titled the “Michael Morton Act,” changed the way Texas lawyers may utilize discovery in criminal cases. In Texas, a person who is charged with a crime and desires discovery must ask for it. [Emphasis supplied.]

Does the defense have to disclose evidence in Texas?

A Texas criminal defense attorney has no obligation to turn over ordinary tangible evidence to the prosecuting attorney.

What is a non disclosure in Texas?

An order of nondisclosure is a court order prohibiting public entities such as courts and police departments from disclosing certain criminal records. If you have a criminal record, you may benefit from obtaining such an order.

How does the Michael Morton Act ensure fairness?

The landmark 1963 U.S. Supreme Court ruling in Brady v. Maryland already requires prosecutors to give defendants information that is “material either to guilt or to punishment.” The Morton Act requires disclosure of evidence regardless of its materiality to guilt or punishment.

What is a Brady Rule violation?

A “Brady Violation” is what happens when the prosecutors in a criminal case fail to perform their constitutional duty to turn over helpful evidence to the people they have charged with crimes. Everyone has the right to due process and a fair trial.

What is the Brady Rule?

The Brady Rule, named after Brady v. Maryland, 373 U.S. 83 (1963), requires prosecutors to disclose materially exculpatory evidence in the government's possession to the defense.

How long does it take to get an order of nondisclosure in Texas?

If the court grants the nondisclosure order, the clerk will send a copy of the order to DPS. This should take place within 15 business days after the judge signs the order. Then, within 10 business days, the DPS will seal the offense within its records and send a copy of the order to the required federal agencies.

Is Texas a disclosure state?

It is a misconception that Texas's status as a “non-disclosure” state means that a listing broker does not have to disclose sales data to her MLS. That is not true. Rather, it means that the state government, including local appraisal districts, cannot force anyone to provide the sales price to it.

How long does it take to get a nondisclosure in Texas?

four to nine monthsTypically, the entire process for an order of nondisclosure in Texas takes anywhere from four to nine months. The timeframe varies depending on how busy the specific county is at the time of filing, the facts of the case and whether the District Attorney objects.

Does exculpatory evidence mean?

Evidence, such as a statement, tending to excuse, justify, or absolve the alleged fault or guilt of a defendant. See also Brady Rule.

What law requires Texas prosecutors to turn over all evidence to the defense in criminal cases?

Under Article 39.14, Texas prosecutors are legally mandated to turn over to the defense attorney and his client all material evidence in the state's file except for things that are specifically exempted by this statute.

Where is Michael Morton now?

After his release, Michael Morton moved in with his parents in Liberty City, Texas, and later started renting a house in nearby Kilgore. In March 2013, he married Cynthia May Chessman, a member of the church he has attended since his exoneration, and they are happily living in Texas.

Which section of the Penal Code provides for concurrent jurisdiction with the consenting local prosecutor?

Chapter 1 , section 1.09, of the Penal Code provides that, “with the consent of the appropriate local county or district attorney, the Attorney General has concurrent jurisdiction with that consenting local prosecutor” to prosecute certain offenses, including:

What is the role of the Attorney General in Texas?

Under Texas law, the county or district attorney has primary jurisdiction to prosecute most criminal offenses. The Office of the Attorney General assists local prosecutors at their request.

What is criminal prosecution?

The Criminal Prosecutions Division has four sections that aid local jurisdictions where the county may not have the expertise or the resources available to investigate or prosecute a complex case. They assist if a conflict of interest prohibits the local jurisdiction from taking part in the case.

What is the Human Trafficking and Transnational/Organized Crime Section?

The Human Trafficking and Transnational/Organized Crime Section is tasked with assisting local law enforcement and prosecutors in prosecuting human trafficking and related crimes, aids victims of human trafficking, and develops initiatives to improve coordination between state and local law enforcement agencies.

What is Texas Jurisprudence?

Texas Jurisprudence (commonly referred to as "Tex Jur") is a legal encyclopedia that provides researchers with citations on a wide range of topics. This resource is also available electronically in the library.

What are the rules of Texas?

Texas Laws and Rules 1 Texas Government Code, Chapter 81, Subchapter E#N#Discusses the discipline of attorneys. 2 Texas Government Code, Chapter 82, Subchapter C#N#Discusses attorney conduct. 3 Texas Disciplinary Rules Of Professional Conduct [PDF]#N#The rules of conduct that all Texas attorneys must follow from the Texas State Bar. 4 Texas Rules Of Disciplinary Procedure [PDF]#N#From the State Bar: These rules establish the procedures that must be followed in a lawyer discipline case, including how the disciplinary system works and how cases are handled. 5 The Code of Judicial Conduct#N#The Code of Judicial Conduct is available from the Texas Courts online website. 6 Texas Government Code, Chapter 34#N#This chapter discusses the Code of Judicial Conduct.

What is the state commission on judicial conduct?

State Commission on Judicial Conduct. The State Commission on Judicial Conduct investigates allegations of judicial misconduct or disability. This is also the agency that disciplines judges. State Bar of Texas Ethics Helpline. The Ethics Helpline is available to Texas attorneys who may have a specific ethics question.

What is the phone number for the Texas State Law Library?

The Texas State Law Library has many other resources in addition to the highlights we present below. Please call us at (512) 463-1722 if you have any questions about these materials.

What is CAAP legal?

CAAP attempts to resolve minor disputes between attorneys and their clients. This organization also can provide helpful information about the legal process.

What cases in Texas have prosecutorial error?

In some instances, like the cases of Loveless and Miller, prosecutors allegedly withheld crucial documents.

How many defendants in Loveless and Miller have their convictions overturned?

Between 1989 and 2011, at least 86 Texas defendants including Loveless and Miller had their convictions overturned, according to the National Registry of Exonerations. In an extensive analysis of court rulings, news reports and pardon statements, The Texas Tribune found that in nearly one-quarter of those cases — 21 in total — courts ruled that prosecutors made mistakes that in most instances contributed to the wrong outcome. The wrongfully convicted in those cases spent a combined total of more than 270 years in prison. (See an interactive presentation with details about all the cases.)

Why did the Supreme Court overturn the death penalty in Louisiana?

The high court ruled that prosecutors were immune from civil liability for their errors.

What do defense lawyers and reform advocates argue?

Defense lawyers and reform advocates argue that attorneys for the state wield an immense amount of power that goes largely unchecked even in cases of egregious misconduct. The public, they say, is becoming increasingly leery of a justice system that safeguards the death penalty, yet doesn't hold accountable the prosecutors who argue for it. They say it is just as disconcerting for people to see a system that allows killers to go free while innocent Texans languish behind bars.

Who demanded that prosecutors show him photos from the autopsy and emergency room where April was treated?

Robert Ardis demanded that prosecutors show him photos from the autopsy and emergency room where April was treated. The Ardises made copies and showed the photos to doctors and animal experts. Dr. Charles Odom, a medical examiner who worked in Hawaii and in Dallas, testified that a dog attack was the “only reasonable interpretation” of the evidence.

Who killed April Tucker?

From the moment 4-year-old April Tucker died, Debbie Tucker Loveless and John Harvey Miller told police and prosecutors that she had been mauled by dogs. But in 1989, the couple was convicted of murdering her and sentenced to life in prison.

Do prosecutors have to follow the same rules as lawyers?

In Texas, as in most other states, prosecutors are generally bound by the same ethical rules and criminal laws as private lawyers. But the Texas Disciplinary Rules of Professional Conduct set out additional requirements for lawyers for the state.

What is the number to report a lawyer in Texas?

Austin, Texas 78711-2265. 512-463-5533. The State Bar's toll-free Grievance Information Helpline ( 1-800-932-1900) can also help you determine whether to report the conduct of the lawyer and whether other resources might be beneficial.

Why does my lawyer refuse to return my case?

The lawyer refuses to return a client’s file after a request is made. The lawyer seems to have a substance abuse problem that affects his/her ability to practice. The lawyer has not paid the client’s part of the settlement after the case has settled.

How to file a grievance?

Steps for Filing a Grievance 1 The first step in filing a grievance is to complete a grievance form through our online submission system. The forms are also available in pdf format: English or Spanish. 2 Fill out the grievance form completely. Answer every question as best you can. 3 Be sure to attach copies (not originals) of any documents that you believe will help explain your grievance. 4 Mail your copies of your documents to:

How long does it take to respond to a grievance?

If your grievance becomes a formal complaint , the attorney in question will be informed and asked to respond to the allegations within 30 days. The Chief Disciplinary Counsel conducts an investigation to determine whether there is just cause to believe the alleged professional misconduct occurred. Based on its findings, the matter is either presented to a grievance panel for dismissal or proceeds to litigation. Please see the Attorney Complaint Information brochure (pdf) for answers to common questions about the grievance process ( English - Spanish ).

What can the grievance system do in Texas?

What the Grievance System Cannot Do. The State Bar of Texas' attorney grievance system cannot act as a liaison between you and the lawyer, nor can it: Alter the decision made in a civil or criminal matter ; Substitute for civil or criminal remedies; Force an attorney to proceed with a case;

How long does it take to appeal a dismissal?

If you have new or additional information that was not included in your first grievance, you may amend your grievance and re-file it within twenty (20) days of the date you receive the dismissal notice.

What to do if you have a problem with your lawyer?

If you are a client and have a problem with your lawyer, first try to talk with him or her. Many times these problems can best be handled outside of the attorney grievance system. If talking to your lawyer does not resolve the problem, call our Client-Attorney Assistance Program (CAAP) for help at: 1-800-932-1900.

Who is subject to the same rules of conduct regarding disclosure or use of confidential information?

A lawyer who receives confidential information for the purpose of rendering legal advice to another lawyer or law firm under this Rule is subject to the same rules of conduct regarding disclosure or use of confidential information received in a confidential relationship. SHARE |.

What is privileged information in Texas?

Privileged information refers to the information of a client protected by the lawyer-client privilege of Rule 5.03 of the Texas Rules of Evidence or of Rule 5.03 of the Texas Rules of Criminal Evidence or by the principles of attorney-client privilege governed by Rule 5.01 of the Federal Rules of Evidence for United States Courts and Magistrates. Unprivileged client information means all information relating to a client or furnished by the client, other than privileged information, acquired by the lawyer during the course of or by reason of the representation of the client.#N#(b) Except as permitted by paragraphs (c) and (d), or as required by paragraphs (e), and (f), a lawyer shall not knowingly:

What is the ethical obligation of a lawyer?

The ethical obligation of the lawyer to protect the confidential information of the client not only facilitates the proper representation of the client but also encourages potential clients to seek early legal assistance. 2. Subject to the mandatory disclosure requirements of paragraphs (e) and ...

What is confidential relationship?

Both the fiduciary relationship existing between lawyer and client and the proper functioning of the legal system require the preservation by the lawyer of confidential information of one who has employed or sought to employ the lawyer. Free discussion should prevail between lawyer and client in order for ...

What is unprivileged client information?

Unprivileged client information means all information relating to a client or furnished by the client, other than privileged information, acquired by the lawyer during the course of or by reason of the representation of the client. (1) Reveal confidential information of a client or a former client to:

What is attorney client privilege?

The attorney-client privilege, developed through many decades, provides the client a right to prevent certain confidential communications from being revealed by compulsion of law. Several sound exceptions to confidentiality have been developed in the evidence law of privilege.

What is the meaning of Rule 1.02(c)?

12. Second, the lawyer may have been innocently involved in past conduct by the client that was criminal or fraudulent. In such a situation the lawyer has not violated Rule 1.02 (c), because to counsel or assist criminal or fraudulent conduct requires knowing that the conduct is of that character.