austindefender

Criminal defense in Austin Texas.

Improper Photography

Posted By on August 17, 2012

A few years ago I filed an application for a Writ of Habeas Corpus in an Improper Photography case in Williamson County. (You can see it here or here.)

Nothing ever came of it, because the prosecutor dismissed the case.

But recently recently I got a call from another lawyer who mentioned that a pro se defendant had copied my brief.

It was Collin Omondi Nyabwa. The case went to the Texas Court of Criminal Appeals, which rejected it.

Judge Keller, however, issued a dissenting opinion, in which she said, “the First Amendment protects the freedom of thought” and that “This statute is virtually unbounded in its potential application.”

It’s not often I agree with Judge Keller. I am, after all, running against her. But she’s right on this issue.


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