by Niles Illich | Nov 19, 2019 | Appeals News
Sentencing Guidelines Criminal appeals attorneys are often fighting the US Sentencing Guidelines for our clients. In a recent case we argued that Section 2G1.3(b)(2)(B) includes an unconstitutional-mandatory presumption and is thus invalid. Section 2G1.3(b)(2)(B)...
by Niles Illich | Nov 12, 2019 | Appeals News
This morning the Supreme Court is hearing a case on DACA. The consolidated cases ask whether the termination of the DACA program violated the Administrative Procedures Act. People slept in the cold to be in line so that they could hear some or all of the oral argument...
by Niles Illich | Nov 11, 2019 | Appeals News
The Dallas Court of Appeals has two positions open for staff attorneys. I worked as a briefing attorney for the First Court of Appeals. I had a staff attorney above me but we had similar responsibilities. Each week each of us was assigned a case. We were given the...
by Niles Illich | Nov 4, 2019 | Appeals News
An important and detailed article by the New York Times on the breathalyzer machines and the very real problems that they have. The point of the article is that the breathalyzer machines have real problems with reliability. Mostly attorneys know that the breathalyzer...
by Niles Illich | Oct 30, 2019 | Appeals News
Interesting opinion by the Court of Criminal Appeals on Texas Rule of Appellate Procedure (TRAP) 34.6. The case concerned a hearing that the parties believed had been transcribed by the court reporter. According to the Court “[t]he trial court held a hearing on...
by Niles Illich | Oct 29, 2019 | Appeals News
Should Amber Guyger File An Appeal? Amber Guyger filed a notice of appeal a week ago. Since Guyger’s attorneys filed this notice I have been asked whether the decision to do so was a good idea. The consensus appears to be that because she got ten years on a...
