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Court of Criminal Appeals Update: Peraza v. State

September 2, 2015 // 0 Comments

Peraza v. State Nos. PD–0100–15, NO. PD–0101–15, 01-12-00690-CR Case Summary written by Garrett Couts, Staff Member. PER CURIUM. The 184th District Court of Harris County convicted Osmin Peraza upon two charges of aggravated sexual assault of a child under fourteen years of age and sentenced him to concurrently serve twenty-five years per offense. Osmin appealed the judgment contending that a $250 DNA fee rendered for each count pursuant to Texas Code of Criminal Procedure, Article [...]

Court of Criminal Appeals Update: Price v. State

September 1, 2015 // 0 Comments

Price v. State No. PD–0383–14 Case Summary written by Adam J. Ondo, Staff Member. JUDGE JOHNSON delivered the opinion of the court in which JUDGE KELLER, JUDGE KEASLER, JUDGE HERVEY, JUDGE ALCALÁ, JUDGE RICHARDSON, and JUDGE NEWELL joined. Law-enforcement officials arrested the appellant for third-degree-felony family-violence assault after his girlfriend informed numerous medical personnel that he had struck and choked her. The girlfriend told the nurse that the appellant had choked her [...]

Court of Criminal Appeals Update: State v. Le

August 31, 2015 // 0 Comments

State v. Le No. PD-0605-14 Case Summary written by Morgan Shell, Staff Member. JUDGE NEWELL delivered the opinion of the court. After obtaining a search warrant from the magistrate, police seized 358 marijuana plants from inside the residential house of two Asian males in Houston, Texas. The magistrate granted a search warrant after a concerned citizen alerted the police of an odor of marijuana emanating from the appellee’s house, which two sergeants who had advanced training in marijuana [...]

Supreme Court of Texas Update: Kachina Pipeline Co., Inc., v. Lillis

August 28, 2015 // 0 Comments

Kachina Pipeline Co., Inc., v. Lillis No. 13-0596 Case Summary written by Frederick C. Hutterer, Staff Member. JUSTICE BROWN delivered the opinion of the Court, in which JUSTICE JOHNSON, JUSTICE WILLET, JUSTICE GUZMAN, JUSTICE LEHRMANN, and JUSTICE BOYD joined. Kachina Pipeline Company, Inc. (Kachina) purchased natural gas from Michael Lillis to resell to Davis Gas Processing (Davis). Kachina installed a compression system, which permitted it to transfer gas to Davis via a high-pressure inlet. [...]

Supreme Court of Texas Update: Patel v. Tex. Dep’t of Licensing and Regulation

August 27, 2015 // 0 Comments

Patel v. Tex. Dep’t of Licensing and Regulation No. 12-0657 Case Summary written by Eric Matthews, Staff Member. JUSTICE JOHNSON delivered the opinion of the Court, in which JUSTICE GREEN, JUSTICE WILLETT, and JUSTICE DEVINE joined. Eyebrow threading is a method of shaping eyebrows using only a tightly wound strand of cotton thread. By brushing a loop of the thread over the skin, the “threader” traps and removes unwanted eyebrow hair. In 2011, the Texas legislature categorized eyebrow [...]

Supreme Court of Texas Update: Greater Hous. P’ship v. Paxton

August 26, 2015 // 0 Comments

Greater Hous. P’ship v. Paxton No. 13-0745 Case Summary written by Jenée Duran, Staff Member. JUSTICE GUZMAN delivered the opinion of the Court, in which CHIEF JUSTICE HECHT, JUSTICE GREEN, JUSTICE LEHRMANN, JUSTICE DEVINE, and JUSTICE BROWN joined. In May 2008, Houston-area resident Jim Jenkins submitted a request to Greater Houston Partnership (GHP) for “a copy of the check register for all checks issued for the year 2007,” basing his request on the Texas Public Information Act (TPIA). [...]

Supreme Court of Texas Update: In re David Dow

August 25, 2015 // 0 Comments

In re David Dow No. 15-025 Case Summary written by Catharine Hansard, Lead Articles Editor. PER CURIUM. Miguel Paredes was convicted of capital murder in 2001 for killing three members of a rival gang. Paredes was sentenced to death, and after raising twenty-nine points of error, the Court of Criminal Appeals confirmed Paredes’s conviction. In 2003, Paredes sought habeas relief in state court, and beginning in 2006, Paredes sought habeas relief in federal court. At each hearing, Paredes [...]

Court of Criminal Appeals Update: Ex Parte Kenneth Lashon Green

August 24, 2015 // 0 Comments

Ex Parte Kenneth Lashon Green No. WR-82,072-01 Case Summary written by Alicia McCullar, Staff Member. PER CURIAM. The court considered an application filed for a writ of habeas corpus following the applicant’s conviction of two counts of sexual assault and stacked prison sentence. The Eleventh Court of Appeals affirmed the conviction. In the instant case, the Court considered the applicant’s contention that his pro se petition for discretionary review was dismissed as untimely filed. Upon [...]

Court of Criminal Appeals Update: Ex Parte Robert Lynn Pruett

August 21, 2015 // 0 Comments

Ex Parte Robert Lynn Pruett No. WR-62, 099-05 Case Summary written by Zirwa Baseer Sheikh, Staff Member. PER CURIUM. Robert Lynn Pruett was found guilty of capital murder and sentenced to death by a jury in April 2002. The Court of Criminal Appeals not only affirmed the applicant’s conviction and sentence on direct appeal, it also denied relief on his initial application for writ of habeas corpus and dismissed his subsequent application, holding that the applicant failed to satisfy the [...]

Court of Criminal Appeals Update: Ehrke v. State

August 19, 2015 // 0 Comments

Ehrke v. State No. PD-0071-14 Case Summary written by Kylie Rahl, Staff Member. JUDGE JOHNSON delivered the opinion of the court in which JUDGE MEYERS, JUDGE KEASLER, JUDGE HERVEY, JUDGE ALACALÁ, JUDGE RICHARDSON, and JUDGE NEWELL joined. JUDGE KELLER and JUDGE YEARY concurred. During his arrest for public intoxication, Robert Ehrke, the appellant, discarded a cigarette pack. The arresting officers retrieved the pack and believed the substance inside was methamphetamine. The Texas Department [...]
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