JUDGE ROBERT C NALLEY FINALLY GETS HIS “COMEUPPANACE”

May 17, 2016Uncategorizedtelmain

By Buck Files

This column is about Robert C. Nalley, a Maryland state judge who committed a federal criminal offense in a courtroom where he was hearing pre-trial matters before jury selection began. You will see in real time what the judge does and how it impacted the defendant, Delvon King-Ali, who was standing before him. VIDEO
Then, we will look at what took place in the federal system as Nalley is prosecuted and sentenced for this offense.

My research for this column consisted of reviewing newspaper articles about these events, searching for a YouTube video, locating the case on Pacer, reviewing all the documents that were not filed under seal, obtaining a copy of the 39 page statement of facts from the sentencing hearing and reviewing it for excerpts to include in this column. Continue reading JUDGE ROBERT C NALLEY FINALLY GETS HIS “COMEUPPANACE” →

WAS IT A “SUSPICION” OR A “REASONABLE SUSPICION”?

May 17, 2016Uncategorizedtelmain

By Buck Files

The event has occurred on thousands of occasions. Terry Trooper sees Danny Defendant driving on his highway. Something catches Terry’s attention that causes him to believe that Danny has committed or is committing a criminal offense. Terry initiates a traffic stop that leads to a conversation with Danny, a seizure of something and a warrantless arrest. The issue for the trial court or the appellate court is always the same: Did Terry have probable cause or a reasonable suspicion that Danny had committed or was committing a criminal offense? Continue reading WAS IT A “SUSPICION” OR A “REASONABLE SUSPICION”? →

A JUDGE, A PROSECUTOR AND A DEFENSE LAWYER WORK TOGETHER TO GIVE THE JUDGES OF THE THIRD CIRCUIT AND UNBELIEVABLE CASE

February 10, 2016Uncategorizedtelmain

By Buck Files

A prosecutor who is overly aggressive can introduce error into the trial of a case. A defense lawyer who sits on his hands and does not object can limit the appellate court’s consideration of an issue to a plain error standard. A trial judge who considers testimony improperly adduced by an aggressive prosecutor in determining what sentence to impose can make the case difficult for an appellate court to affirm. Continue reading A JUDGE, A PROSECUTOR AND A DEFENSE LAWYER WORK TOGETHER TO GIVE THE JUDGES OF THE THIRD CIRCUIT AND UNBELIEVABLE CASE →

A Non-Routine Border Search Issue

November 2, 2015Uncategorizedtelmain

Sometimes words don’t mean what they should. Consider, for example, the words “border search.” Where would a border search be conducted? At the border. Wrong. If you go to WestLaw’s ALLFEDS database and type in the query “international airport” & “border search,” you will see that there have been 337 cases that arose out of border searches conducted at international airports. Continue reading A Non-Routine Border Search Issue →

Judge Delgado-Colon “Skirted Near the Line” But Didn’t Cross It

September 29, 2015Uncategorizedtelmain

More than forty years ago, United States District Judge William Wayne Justice appointed me to represent a pro se petitioner who was seeking habeas relief in his court. This petitioner had also appeared pro se in a divorce proceeding and had been called to the stand by his wife’s lawyer. While testifying, he admitted to many acts of sexual intercourse with his young daughter. After that case was concluded, the trial judge had a statement of facts prepared and sent it to the local district attorney. Continue reading Judge Delgado-Colon “Skirted Near the Line” But Didn’t Cross It →

Testimonials

Amazing Lawyer

You know most people make jokes about lawyers and how much they are disliked. I never thought my family would need a lawyer, but we did. I cannot thank and praise Brett and his team enough. They took a personal interest in our case. They have a good working relationship with the DA and are well respected among their colleagues and the judges. He knew his game plan and communicated that well with all the witnesses. His assistant, Carrie, went above and beyond and I cannot thank her enough. I hope I never have to be in a situation again that I would need a lawyer, but if I do then I know exactly who I am calling. Seriously one of the best in Texas.

Amazing legal team!

I hired Mr. Harrison and Mr. Files to represent me in a very complex case. They were referred by another attorney from a neighboring county. That spoke for itself knowing there credibility with other colleagues. When you hire Mr. Harrison you will have a very strong team that includes "Buck" Files along with paralegal's Kimberly and Carrie who are extremely experienced, knowledgeable and helpful along the way. From my first to my last meeting I was treated with the utmost respect and truly felt they were doing everything possible to get the deserved results. 72 hours before a scheduled court hearing Brett and his team made me aware that my case was being dismissed! ACTIONS speak louder than words, do your research before selecting a legal team that has control over your life. I can't say enough about the honest & fair representation I received from Mr. Harrison and his legal team. I highly recommend them.

Professional All the Way

Buck Files took us in his office and listened to each member of our family. He was compassionate, honest, and encouraging. He did not hide the truth of the situation, but was very knowledgeable about the legal situation we were experiencing. It is comforting to know someone who is well-trained and wise about the situation is on your team.

Excellent lawyer and firm

I hired Mr. Files and his partner, Mr. Harrison, to represent me in a criminal law matter, and I could not have been more pleased with their professionalism, knowledge, and commitment to my case. My experience with their firm, including the paralegals and other staff, was superb. I highly recommend Messrs. Files and Harrison.

Smith County District Court Judge

Smith County District Court Judge said of Brett Harrison: "Your lawyer's done, I guess, what I'd call a superb job of getting the State to reduce a second-degree felony drug of that level of quantity down to – for some reason – a state jail level. So your exposure – your maximum exposure has been reduced to what would have been your minimum exposure before."