Case Summaries

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 [...]

Plea found to be voluntary despite different drug

June 30, 2017 // 0 Comments

Shane Puckett, Volume 50 Articles Editor JUDGE KEASLER DELIVERED THE OPINION FOR THE COURT. The issue in this case was whether a defendant, who pleaded guilty to the delivery of cocaine, was entitled to habeas relief when subsequent laboratory tests confirmed that he actually delivered methamphetamine. In Ex parte Broussard, Broussard pleaded guilty to the delivery of cocaine. After entering into a plea agreement, subsequent laboratory tests revealed that Broussard possessed methamphetamine. [...]

Court of Criminal Appeals Update: Daniel v. State

April 29, 2016 // 0 Comments

Daniel v. State No. AP-77,034 Case Summary written by Luke Luttrell, Staff Member. JUDGE MEYERS delivered the opinion of the court. In February 2014, a jury convicted the appellant of the capital murder of a police officer—Jaime Padron—and the trial judge sentenced the appellant to death. Direct appeal to the Court of Criminal Appeals is automatic. Upon appeal, the appellant raised three points of error. In his first point of error, the appellant asserted that the evidence was insufficient [...]

Court of Criminal Appeals Update: Ex Parte Molina

April 28, 2016 // 0 Comments

Ex Parte Molina No. WR-83,799-01 Case Summary written by Eric Matthews, Staff Member. JUDGE YEARY delivered an opinion for the unanimous court. The trial court convicted Molina of aggravated robbery and sentenced him to 16 years’ confinement. The Fourteenth Court of Appeals affirmed his conviction. Molina then brought an application for writ of habeas corpus, claiming that he was not credited for the time he spent in jail prior to his conviction. Molina claimed he was entitled to a one-year [...]
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