Dallas Criminal Law Blog

Last week, the House Public Health Committee heard testimony from patients on the issue of medical marijuana. The testimony, which was reportedly quite emotional, was couched in the context of House Bill 594, sponsored by Elliot Naishtat, which would create an affirmative defense to prosecution for possession of marijuana by patients suffering from recognized illnesses and conditions.

The bill would not legalize marijuana for medicinal use, but would simply provide the most basic legal protection to those who use it medicinally. This is reportedly the fifth time Naishtat has filed the bill, but only the second time the measure has received a hearing. On May 1, the Committee heard from over two dozen witnesses who supported the measure. Many of them had similar stories of pain and suffering which was improved by using marijuana medicinally. No witnesses testified against the measure. 

A Cedar Hill doctor who operates several small Texas hospitals was recently accused in a federal indictment of instructing employers to change correctly entered diagnostic codes in billings to Medicare and Medicaid programs. According to the charges, the codes were changed, deleted or incorrectly sequenced in such a way that they departed from the actual diagnoses of the patients.

The doctor allegedly obtained $375,000 in false reimbursements from the programs. The 61-year-old doctor was arrested last Tuesday. He denies all fraud charges against him. His attorney questioned the charges, saying that the doctor does not own all the hospital buildings involved in the charges, just the companies managing them. Further comments were not offered. 

Local law enforcement officials in Texas say they have issued a massive number of citations and arrest warrants in connection with Spring Break drunk-driving violations. About 25,000 tickets were issued in total, with 1,000 arrests accomplished during this period. The 11-day span between March 8 and March 17 coincided with many collegiate and high school Spring Break celebrations throughout the state.

Authorities said that at least 200 of the DWI arrests resulted from increased efforts to stop drunk drivers. A special grant from the Texas Department of Transportation helped the officers spend more time focusing on the potential dangers of intoxicated drivers. Spring Break is one of the most dangerous times of year for drivers on all of the state's roads, not only because of intoxicated operators, but also because of increased traffic.

A military commander who rejected a jury's verdict in a sexual assault case explained that his decision was based upon his belief that the alleged perpetrator was more believable than the victim. The man, who has come under fire because of his decision to dismiss the verdict, has been widely criticized by media and professional outlets. The decision to overturn the verdict may actually redact many permissions currently enjoyed by commanding officers, many of whom currently have the authority to overturn their subordinates' criminal convictions.

The suspect in this case was accused of sexually assaulting a woman who claimed to have stayed at his house overnight after a party. He was convicted in November on charges of sexual assault, conduct unbecoming of an officer and abusive sexual contact. He was slated to be dismissed from the service entirely after serving a year-long prison term.