The majority concludes that the holding in Georgia v. Randolph, 547 U.S. 103 (2006) does not apply to vehicular searches and that those searches are controlled by pre-existing law. However the State’s PDR asked us, “If a trial court can … Continue reading
Is a vehicle a mobile “castle” so that passengers are treated the same as tenants who may disallow police to search a residence after a fellow tenant has consented to the search? Concluding that it is not, we decline to … Continue reading
When Anthony Duran made a left-hand turn in front of a speeding police car, the police officer braked, turned to follow, pulled Mr. Duran’s car over, and eventually arrested him for DWI. Mr. Duran filed a motion to suppress, claiming … Continue reading
This is a pretrial appeal. In his petition for discretionary review, Robert Louis Rosseau, appellee, challenges the judgment of the court of appeals that reversed the trial court’s order quashing a portion of the indictment. See State v. Rosseau, No. … Continue reading
Pursuant to a plea agreement, the Appellee pled guilty in 2009 to possession of a controlled substance. In 2011, he filed an application for a writ of habeas corpus claiming that his counsel provided ineffective assistance by failing to advise … Continue reading
I agree with the Court’s resolution of the plain-view and community-caretaking issues and readily join those facets of the Court’s opinion. (1) I do not join the Court’s standing analysis, however, because I believe the Court has misconceived the issue. … Continue reading
Appellee, Tony Tyrell Betts, was indicted for cruelty to animals. See Tex. Penal Code § 42.09. The trial court granted Appellee’s motion to suppress, which complained of a warrantless search and seizure. The Waco Court of Appeals affirmed the trial … Continue reading
This is an interlocutory appeal by the State of the trial court’s order suppressing drug evidence seized as a result of a traffic stop of appellee, Darrell Lawon Walker. The state challenges the trial court’s ruling that appellee did not … Continue reading
Before Justices Rodriguez, Garza, and Perkes Memorandum Opinion by Justice Garza This appeal by the State challenges the trial court’s February 2, 2012 judgment granting appellee Olin Anthony Robinson’s motion for shock probation. See TEX. CODE CRIM. PROC. ANN. art. … Continue reading
Before Justices Rodriguez, Garza, and PerkesMemorandum Opinion by Justice Garza This appeal by the State challenges the trial court’s February 2, 2012 judgment granting appellee Jean Robinson’s a/k/a Floria Jean Robinson’s motion for shock probation. See TEX. CODE CRIM. PROC. … Continue reading
Pursuant to a plea agreement, the Appellant pled guilty in 2009 to possession of a controlled substance. The following year, he filed an application for a writ of habeas corpus claiming that his counsel provided ineffective assistance by failing to … Continue reading
The entire record of testimony in this suppression hearing covers less than 5 pages-113 lines-including identification of the single witness, objections, and rulings from the court. Even if one believes, as the trial court did and as I do, that … Continue reading
In a motion to suppress evidence, Stacie Kerwick asserted that the officer who detained her lacked reasonable suspicion to conduct the investigatory detention which led to her arrest for driving while intoxicated. The trial judge granted Kerwick’s motion and the … Continue reading
IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. AP-76,916 In re the State of Texas, ex rel. Jennifer A. Tharp, Relator ON RESPONDENT’S MOTION FOR REHEARING OF STATE’S PETITION FOR A WRIT OF MANDAMUS IN CAUSE NO. CR2011-325 IN … Continue reading
Appellant was charged with murder under Texas Penal Code § 19.02(b)(2). He was found guilty and sentenced to thirty years in prison. On appeal, he argued that the trial court erred in failing to charge the jury on the lesser-included … Continue reading
Before Justices Rodriguez, Garza, and Vela Memorandum Opinion by Justice Rodriguez Appellant the State of Texas challenges the trial court’s granting of appellee Jose Daniel Lorenzo Garcia’s application for writ of habeas corpus. By one issue, the State argues that … Continue reading
IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-1867-11 v. STEWART LE RICHARDSON, Appellee ON STATE’S PETITION FOR DISCRETIONARY REVIEW FROM THE SECOND COURT OF APPEALS TARRANT COUNTY O P I N I O N Appellee was charged by … Continue reading
suppress. A cooperating individual provided Officer Greg Hill, a police officer with the Athens Police Department and assigned to the Henderson County Sheriff’s Office, with a tip that Huddleston possessed anhydrous ammonia in an unapproved container in violation of Section … Continue reading
IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. AP-76,916 In re The State of Texas ex rel. JENNIFER THARP, Relator ON STATE’S PETITION FOR A WRIT OF MANDAMUS IN CAUSE NO. CR2011-325 IN THE 433RD DISTRICT COURT OF COMAL … Continue reading
During the course of a traffic stop, the appellee made incriminating statements. The trial court suppressed the statements, finding that the appellee was in custody when the statements were made and that he had not been properly Mirandized. (1) The … Continue reading