Recent Blog Posts
How Does an 11.07 Writ of Habeas Help a Convicted Person?
I recently answered a similar question in the context of a murder conviction. This case sentenced an individual to 25 years imprisonment. The question also raised issues about the defendant being a first-time offender. Whether they had inadequate representation. If there was false witness testimony and prosecution based on circumstantial evidence. I realized that these issues apply to a wide range of individuals seeking “post-conviction relief” in the form of a Writ of Habeas Corpus under Texas Code of Criminal Procedure Article 11.07. Below is the analysis of the specific questions raised.
11.07 refers to a post-conviction remedy under the Texas Code of Criminal Procedure Section 11.07 known as a “writ of habeas corpus.” There is not deadline to file an 11.07 writ of habeas corpus, but our courts say that delay in requesting 11.07 relief can have the effect of watering down an issue. As a rule of thumb, 11.07 relief is limited to issues which could not be raised during the course of the original representation. Let me address the issues you raise below.
Confidentiality of Lawyer-Client Communications: Is It Safe to Talk to Your Lawyer From Jail?
If you are a Collin County, Texas, resident accused of a crime, you have the right to representation from a qualified Collin County federal drug lawyer. The right to counsel also guarantees your right to confidentiality. This means that any conversation or communication between you and your attorney is privileged. Those communications may not be used as evidence against you in court. But there are potential exceptions where lawyer-client communications can be used in court.
Texas Criminal Defense Lawyers Criticize Jailhouse Monitoring
But what happens if you are in jail while awaiting a bail hearing or trial? Most Texas jails post notices that inmate communications are monitored. The jail may record and use anything said between an inmate and a friend or family member during visiting hours as evidence against the inmate at trial.
Even in jail, however, lawyer-client communications remain privileged. That does not mean prosecutors and jail officials may not try and listen in on an inmate’s meeting with his or her attorney. In many cases, it may not be overt. Many jails indiscriminately record all inmate conversations without taking care to respect attorney-client privilege.
Dallas Anesthesiologist Receives Additional Prison Time for Fraud
On August 10, 2020, Dr. Richard Ferdinand Toussaint Jr., an anesthesiologist and cofounder of the upscale hospital, Forest Park Medical Center, received a 66-month federal prison sentence for his involvement in a $200 million fraud case. He was also ordered to pay restitution fees of more than $82.9 million.
In a separate March 2018 health care fraud conviction, Toussaint pleaded guilty to one count of conspiracy for paying health care bribes and kickbacks and one count of illegal remuneration, under the Travel Act. He is presently serving a 41-month federal prison sentence for that conviction, and the new 66-month sentence will be served simultaneously.
What Happened?
The alleged fraud took place from 2009 to 2013 and consisted of Toussaint and others, including Forest Park Medical Center cofounder, Dr. Wade Neal Barker, paying bribes or kickbacks to outside physicians to refer wealthy patients who had private, high-reimbursing health insurance plans to their medical facility. According to Federal agents, the offenders paid out around $40 million in bribes and concealed it as marketing money. Email correspondence provided evidence that Toussaint and Baker were informed of the amount surgeons were being paid for referrals. Court documents state that Forest Park managed to collect over $200 million from fraudulent claims.
Dallas Rapper Arrested for Shooting Death of Friend
Dashawn Maurice Robertson, 20, a Dallas rapper known as Lil Loaded, turned himself in to the Dallas County Sheriff’s Department on November 9, 2020, in connection with the murder case of 18-year-old Khalil Walker.
On October 25, 2020, law enforcement was notified of a shooting in the Dallas neighborhood, The Wood, at about 2:40 p.m. By the time police arrived, Walker had already been taken to Methodist Charlton Medical Center after being shot in the torso with a rifle. He succumbed to his injuries about two hours later.
According to the arrest warrant affidavit, Walker’s sister, Kahija, reported the shooting after hearing two gunshots from inside the home. When she went outside, she saw Robertson and a witness standing over Walker, who was lying in the street. Robertson and the witness yelled at the sister to call 9-1-1, but then drove Walker to the hospital before the ambulance arrived.
San Antonio Oilman Sentenced to Ten Years in Federal Prison on Fraud Charges
Brian Alfaro, owner of Primera Energy, LLC, was sentenced to 121 months in federal prison on November 10, 2020, on mail fraud charges. He was charged with scheming to defraud investors in his company. In addition to his prison sentence, U.S. District Judge Fred Biery ordered that Alfaro pay almost $10 million in fines and be put on supervised release for three years after he completes his prison sentence.
Alfaro was convicted on eight counts of mail fraud on February 13, 2020. From January 2012 to June 2015, Alfaro convinced investors to put money into numerous oil and gas business ventures, including the following operations: Screaming Eagle 4H Prospect in Gonzales County, Screaming Eagle 6H Prospect in Gonzales County, and Black Hawk Horizontal Buda #1 Prospect. Investors mailed their checks to Alfaro’s company in San Antonio.
Alfaro claimed that the money would be invested in the business expenses of the oil prospects. In reality, Alfaro spent the investor money on luxury items such as a Rolex watch, a Lamborghini, Mercedes Benz, and a Porsche. He also used $100,000 of the money to buy season VIP tickets to the San Antonio Spurs.