tcdla - Voice For The Defense Online

SIGNIFICANT DECISIONS REPORT
0860-01 BURNElT, DEW3 LYNN 09/19/01 S Denton Deliveq of
Col~h~lled Substance (NP)
1. Did the Court of Appeals err in remiug ard remanding tl6s
cause for new tdal since notlk~gin the record shows tiat Appellant
was not aware of tl~e conquenccs of the ph~.
COURT OF APPEALS
HABEAS CORPUS & COA'SJUlUSDICTION:BXPBR?21 O m ,
No.2-00-496-CR, 8/31/01.
Defardnnt files awit of habeas corpus anackinghis probated sentellce
oncestate fles a nmotiou to revoke. Because revocation lrad not
occur~ed before appml was taken, state argues two reasom to defeat
COKs jurisdiction:
(1) Trial corul did not issuc the writ. GO)\ 11okIs that once trial
court rules on the achld merits of the wit, whether it issued the wril
is immatelial. COA may IIW the case.
(2) Defendant not in custody because of &s probationary stahls.
COA holds that mitl~ a misdemeanor wvril, the defendant need not be in
custody. The collated consequences d his probation are sufficient to
sl~cnv co~~fit~emcnt. Furtl~eg tile cnsto&aI reqt~irenlent uw deleted
from nmi felony writs by Uie 1995 ameudments to TCCP Art. 11.07.
A trial court's ~efusal to allow voir dire on the parole cllarge is ao
abuse of discretion. Harm is measured by constihltio~~al standard
because the exercise of pelemptoty challenges is grounded in 6th
Anendment right to counsel. Because one cannot determine 11at1u
under thwe drcums@nccs, the case is re\med.
URINALYSIS 'IWl' NOT SCIBfYIlHCALLY RELIABB
I\rANDBZ u. State, No. 13-00-065-CR, 8/31/01,
COA applies Da&?ri md KelC to a u~inalysis test and hds hat
state failed to establish its scientific reliability
IMPORTAW CASE - HARRIS COUIY1Y BAIL SCHBDW
VIOLATES CCA STANDARDS: EX PARTB BOW, No
01-01-00266-CR, 8/30/01.
COA holds tlrat Harris Couuty Distrlct Co~ul bail scl~edule violates
the sta~~dards of the CW in setting bail because it reqnires a band for
tlreft cases equal to hwie the value of what is alleged to have been
stolen.
STXl'E JAIL PELONIBS: WAITS u. State, 2-99-166-CR, 9/13/01
Because mder Campbell, 49 S.W.3d 679 (Tes.Crinl.App. -
2001), the terrus state jdfdo~~y ad felony are ~uun~ally exclosive, tile
state may not use an ut~aggmwakd slate $1 felony to e~llwme a possession
of a controlled subslance me to a second degree felon)!
VOLUNTARINESS OF COWESSION: REED u.
2-00-144-CR, W3l/Ol.
State, No.
SI'ATEMEW AGAINST PENAL IWCERESE BlBNDBZ u. State,
03-00-00473-CR, 9/13/01
The defendant tried to cllalleage the voluutariuess of her confession
in fmnt of tlre jely byu~trod~~ci~~g her psychiatric records. COA
holds that absent a11 apt to inte11)rct the rccords, the evidence was
more prejudicial tllm probative and sl~oulrl 11aw been excluded.
OUTCRY STATEMENT: MACGILrnY u. State, No.
09-00-274-CR, 8/29/01
While a child's outcry staten~est must be specific, it need not bethat
specific as to the time the offense occurred. Here, the stateu~eut contallled
sufficient cletd about the conduct of the defeudant to be adsussiblc.
PEACE OPPICER'S ArmlORllY IS LDIITEO TO HIS CITY
LIMITS: GEWON 11. State, No. 10-00-066-CR, 8/31/01.
Cat\ holds that the 1995 amendme~~ts to TCCP ht. 2.13(a)'s definition
of peace officer effectively limited a city police officer's authority
to ~IIS citylurlits, tlrus distingilisi~ingAtgel u. St&, 740 S W.2d 727,
absent a showing of hot pursuit. Becme officer Irere d~d uot stat the
chase until omide of ids city huits, he could not Ilave lawfully bee11 in
hot pnrsuit.
DENIAL OF SOIR DIRE ON PAROLB CHARGE IS ABUSE OF
DISCRBTION: LOREDO J! State, Xo. 13-00-524-CR, 8/31/01.
?or a siatenlent agaimt penal interest to be adn~issible, it o~ust
inculpate the rleclarot to the same degree as tile defendant. A state-
11rent that is broadlyself i~~clulpato~y is sN
iinad~uissible if it attempts
to shift the bla~ue to he defendant. Here, tl~e dtness admitted some
culpability but tried to portcay the defendant as tire principle actol:
Statement is not tllus adn~issible. Stateluent also violated 6th
hdmeol \r\rlr~r tile state wms involved in the state~~~eat's taldug, the
canfcssion in\olved pat ew~ts, and it wxs not s~~hject to adw~sarial
testing.
REMOTE PRIORS INSUPPICIBNT FOR PEI.0NY DWI: C4STIL-
LO u. State, No. 03-00-000185-CR, 9/13/01.
Tl~evidence iu a felany DM is insufficient to sustain the judsdictionai
elements af prior convictions wilere the pi.iors are too remote
aud tbe~e 1s no iutemeuing couvictim.
IMPORTANT CASE - APPELWTE JURISDICTION; SEX
OFPENDER REGISTRATION: WKLE u. State, No.
03-01-00200-CR, 8/13/01.
(1) Notice of appeal. The clefenrlant pleaded guilty in rehlm for the
smte's co11se11t to xllo~wr the t~ial court to cousider ;UI e~tcureorts
offense at sc~~tcncirrg and in re tun^ for no futhcr cl~afges to be filed.
Stlte argwd that this plea bargain depliVed the COA of jurisdiction
absent trial coua permission to appeal. COAholds that TRAP 25.2 does
34 VOICE FOR THE DEFENSE WWW.1eDU.COM NOVEMBER 2001