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Variance determined to be immaterial in aggravated assault case

October 30, 2017 // 0 Comments

Megan Soliz, Volume 50 Staff Member JUDGE YEARY DELIVERED THE OPINION FOR THE COURT, AND JUDGE RICHARDSON DELIVERED THE CONCURRING OPINION. The issue in this case was whether a variance between the specific deadly weapon pled in the aggravated assault with a deadly weapon indictment and the one proved at trial is material or immaterial. The Court of Criminal Appeals held that the variance between the pleading and proof in this case was immaterial under Johnson v. State. In Hernandez v. State, [...]

Definition of child pornography questioned

October 30, 2017 // 0 Comments

Marc Dib, Volume 50 Staff Member JUDGE RICHARDSON DELIVERED THE OPINION FOR A UNANIMOUS COURT. The issue in this case is whether a zoomed-in and cropped version of a legal photograph showing a minor’s genitals constitutes “child pornography.” The Court of Criminal Appeals held that the zoomed-in cropped photograph that shows a child’s genitals is considered child pornography as defined in Texas Penal Code sections 43.26 and 43.25(a)(2). In State v. Bolles, Bolles was convicted for [...]

Ineffective assistance of counsel and mistrials explained

October 30, 2017 // 0 Comments

Makenzie Keene, Volume 50 Staff Member JUDGE HERVEY DELIVERED THE OPINION OF THE COURT, WITH WHICH JUDGE NEWELL CONCURRED. The issue in this case was whether the court of appeals erred in affirming the decision of the trial court to grant a new trial due to ineffective assistance of counsel. The Court of Criminal Appeals reversed the decision, holding that the court of appeals erred because the wrong standard of review was applied to the determination. Rene Gutierrez, Appellee, caused a [...]

Probable cause questioned in shoplifting case

October 16, 2017 // 0 Comments

Emily Steppick, Volume 50 Staff Member JUDGE KELLER DELIVERED THE OPINION OF THE COURT IN WHICH JUSTICE NEWELL CONCURRED, AND JUDGE WALKER AND JUDGE ALCALA DISSENTED. The issue in this case was whether an officer had probable cause to arrest a customer for theft before she exited the store and despite her claims that she intended to pay for the items. The Court of Criminal Appeals held that the officer did have reasonable suspicion to search the customer’s purse and probable cause to arrest [...]

CoCA extends Padilla protections

October 16, 2017 // 0 Comments

Joelle Gonzales, Volume 50 Staff Member JUDGE KEASLER DELIVERED THE MAJORITY OPINION FOR THE COURT, AND PRESIDING JUDGE KELLER DELIVERED THE DISSENTING OPINION The issue in this case was whether Padilla v. Kentucky should be extended to include a duty of counsel to inform a defendant of a possibility of removal based on a guilty plea. The Supreme Court of Texas held that the scope of the Sixth Amendment, as discussed in Padilla, is broad enough to encompass this duty. In Ex. Parte Aguilar, [...]

CoCA reverses suppression of evidence based on newly-discovered evidence rule

October 16, 2017 // 0 Comments

Jordan Treuter, Volume 50 Staff Member JUSTICE KELLER DELIVERED THE UNANIMOUS OPINION OF THE COURT The issue is whether the discovery of drugs on a suspect’s person after arrest on traffic warrants but before the search of a suspect’s vehicle creates a new basis for arrest that justifies a search of the vehicle as a search incident to arrest. The Court of Criminal Appeals held that it does when it meets the second exception of Arizona v. Gant. In State v. Sanchez, an officer arrested [...]

Officer’s reasonable suspicion upheld in rental-car case

October 16, 2017 // 0 Comments

Hannah Putnam, Volume 50 Staff Member JUDGE ALCALA DELIVERED THE OPINION FOR A UNANIMOUS COURT. The issue in this case was whether the peace officer who stopped the defendant had reasonable suspicion of narcotics possession to continue detaining the driver beyond the traffic violation. The Court of Criminal Appeals held that the record supported the State’s argument that the officer had reasonable suspicion of narcotics possession when looking at the totality of the circumstances and when [...]

Out-of-state acts not applicable for assault statute

October 16, 2017 // 0 Comments

Lorenzo Z Garcia, Volume 50 Staff Member JUDGE KEEL DELIVERED THE OPINION OF THE COURT WITH JUDGE YEARY CONCURRING. The issue in this case was whether the commission of an out-of-state aggravated sexual assault will support a conviction for continuous sexual abuse of a child. The Court of Criminal Appeals held out-of-state acts cannot support such a conviction because only acts violating Texas law meet the statutory definition of “sexual assault”. In Lee v. State, Lee was charged with [...]

Substantial-factor test analyzed in medical malpractice case

October 16, 2017 // 0 Comments

Emily De Young, Volume 50 Staff Member JUSTICE GREEN DELIVERED THE OPINION FOR A UNANIMOUS COURT. The issue in this case was whether legally sufficient evidence supported a jury’s conclusion that the negligence of a premature infant’s treating neonatologist proximately caused her loss of vision. The Supreme Court of Texas held that legally sufficient evidence supported the jury’s finding that the neonatologist’s negligence, more likely than not, caused the plaintiff’s poor visual [...]

CoCA defines new legal-basis gateway for habeas relief

October 16, 2017 // 0 Comments

India Fender, Volume 50 Staff Member JUDGE KELLER DELIVERED THE OPINION OF THE COURT WITH JUDGE KEASLER CONCURRING AND JUDGES ALCALA, RICHARDSON, NEWELL, AND WALKER DISSENTING. The issue in this case was whether there is an exception to the subsequent habeas application bar via either the innocence-gateway exception or the new-legal-basis exception. The Court of Criminal Appeals held that neither exception applied because the alleged constitutional violation did not occur at or before the [...]
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