tag:blogger.com,1999:blog-21633793.post4798883950768225540..comments2023-12-12T03:19:42.467-05:00Comments on CYB3RCRIM3: Cell-Phone, Privacy and "Injury to a Disabled Individual"Susan Brennerhttp://www.blogger.com/profile/17575138839291052258noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-21633793.post-5274562974076665962011-01-04T13:05:42.490-05:002011-01-04T13:05:42.490-05:00Like Professor Brenner, I believe that abandonment...Like Professor Brenner, I believe that abandonment applies and therefore the trial court and the appellate courts got it wrong. Be advised that it is likely that the Texas Court of Criminal Appeals, Texas's highest criminal court, will overturn this decision. http://courtsandwriting.blogspot.com/Bob Mabryhttps://www.blogger.com/profile/02529407924626030397noreply@blogger.comtag:blogger.com,1999:blog-21633793.post-45809433487513043212010-09-23T15:25:47.944-04:002010-09-23T15:25:47.944-04:00Correction to my previous comment. I should have ...Correction to my previous comment. I should have also referenced Mapp v. Ohio. That's what I get for typing so late in the day.Roberthttps://www.blogger.com/profile/09481754276460783416noreply@blogger.comtag:blogger.com,1999:blog-21633793.post-79541161443222416142010-09-23T00:29:42.901-04:002010-09-23T00:29:42.901-04:00The Texas Exclusionary rule (38.23 CCP) is stricte...The Texas Exclusionary rule (38.23 CCP) is stricter than what is allowed under US v Leon. It applies to evidence illegally seized by both the government and by private citizens. It has been on the books since 1925. See Lawrence Preston Miles v. Texas (Tx. Ct. of Crim. App., PD-1019-06 & 1047-06, Oct. 17,2007) for the history of 38.23. Also see Ronald WIlson v. Texas (Tx. Ct. Crim. App. PD-0307-09, Feb. 2010).Roberthttps://www.blogger.com/profile/09481754276460783416noreply@blogger.comtag:blogger.com,1999:blog-21633793.post-37837227859398611392010-09-22T17:40:37.535-04:002010-09-22T17:40:37.535-04:00Yes but the TX law excludes evidence obtained by a...Yes but the TX law excludes evidence obtained by any person in violation of any provisions of the Constitution.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-21633793.post-38686652114901432482010-09-22T16:55:00.564-04:002010-09-22T16:55:00.564-04:00OMG, this whole story is SICK and made me both mad...OMG, this whole story is <b><i>SICK</i></b> and made me both mad and sad.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-21633793.post-45944988274638453722010-09-22T16:54:37.922-04:002010-09-22T16:54:37.922-04:00(I don't know why that first paragraph is show...(I don't know why that first paragraph is showing up in tiny text, but I can't seem to fix it . . . )Susan Brennerhttps://www.blogger.com/profile/17575138839291052258noreply@blogger.com