Justia Constitutional Law Opinion Summaries

Articles Posted in Texas Court of Criminal Appeals
by
In a case reviewed by the Court of Criminal Appeals of Texas, the trial court mistakenly permitted an alternate juror to participate in the jury's deliberations and vote on the defendant's guilt. The defendant, charged with unlawful possession of a firearm by a felon, argued that this violated constitutional and statutory provisions requiring a jury to consist of twelve people and prohibiting any person from being with the jury while it was deliberating. On review, the Court of Criminal Appeals held that the presence and participation of an alternate juror during jury deliberations did not violate the constitutional or statutory requirements regarding the size of a jury. However, the Court held that the alternate juror’s presence and participation during deliberations did violate the statutory prohibitions against a “person” being with the jury while it is deliberating and conversing with the jury about the case. As such, the Court remanded the case to the lower court to conduct a harm analysis, i.e., to determine whether the alternate juror's presence and participation during deliberations had a substantial or injurious effect on the jury's verdict. View "BECERRA v. STATE" on Justia Law

by
The Appellants in consolidated cases filed pretrial writs of habeas corpus challenging the facial constitutionality of portions of the statutes they were charged under. The Texas Court of Criminal Appeals granted review to decide the cognizability of their pretrial claims and the meaning of “immediate release”—release from what? The Court held the facial challenges were cognizable in a pretrial writ of habeas corpus if a grant of relief would result in immediate release from prosecution for an alleged offense. Release from prosecution for every alleged offense is not required. In Appellant Tonya Couch's case, the claim was not cognizable: if her indictments alleged one offense committed via four different, alternative, statutory manner and means, she challenged the constitutionality of two of those purported manner and means in her habeas application, leaving two unchallenged. If she were granted relief, her single-count indictment would still stand, and trial on it could still proceed. A grant of relief on her claim would not result in her release from prosecution for the offense alleged in her indictment. In Appellant Glenda Hammons’ case, her claim was cognizable because she challenged the constitutionality of the statute defining two counts of her three-count indictment. If she were granted relief, she would be released from prosecution for two alleged offenses, and trial on those counts could not proceed though trial on the third one could. View "Ex parte Couch, Hammons" on Justia Law

by
The Office of Capital and Forensic Writs (OCFW) sought and received two sealed ex parte orders from the District Court of Jones County on behalf of Real Party in Interest, Dillion Compton. One order compelled Relator University of Texas Medical Branch-Galveston (UTMB) to conduct brain imaging on the Real Party in Interest and directed the Texas Department of Criminal Justice (TDCJ) to arrange transportation for that brain imaging. The other order (which was no longer at issue), compelled TDCJ to provide certain confidential records to OCFW. OCFW sought the orders pursuant to its post-conviction investigation into the Real Party in Interest’s capital murder conviction and sentence. UTMB and TDCJ challenged the ex parte orders by filing a motion to set aside the discovery orders in the trial court. After initially granting the motion to set aside the discovery orders and then holding a hearing, the trial court ultimately denied the motion to set aside the discovery orders and entered an order reinstating the original ex parte orders. Relator sought leave from the Texas Court of Criminal Appeals to petition for mandamus relief: to vacate the remaining ex parte order regarding the brain imaging and transportation for the brain imaging of the Real Party in Interest. Because the trial court was without authority to enter the order at issue ex parte, the Court of Criminal Appeals granted Relator’s motion for leave to file and conditionally granted mandamus relief. View "In re University of Texas Medical Branch-Galveston" on Justia Law

by
Appellant Francisco De la Rosa was tried by jury for the non-consensual sexual assault and sexual assault of a child. The body of Appellant’s indictment charged him with three counts of sexual assault for non-consensual contact between his sexual organ and that of "LAM," and the abstract portion of the jury charge defined “sexual assault of a child” in terms of non-consensual sexual contact. The indictment’s caption called the counts sexual assault of a child, its application paragraph authorized conviction for sexual assault of a child, and the case was tried as if it were such a case. The Texas Court of Criminal Appeals granted review to decide whether the court of appeals erred in holding that the evidence was legally sufficient to uphold the convictions. To this, the Court concluded the appellate court did, reversed the lower court’s judgments and entered a judgment of acquittal for each count of sexual assault. View "De La Rosa v. Texas" on Justia Law

by
Appellant DeSean McPherson was convicted of tampering, but the court of appeals agreed with him that the evidence of concealment was legally insufficient. The Texas Court of Criminal Appeals granted review to decide whether the court of appeals misapplied the standard of review. To this, the Court found that it did: it re-weighed the evidence, rationalized its result by hypothesizing a weaker case than that presented in the record, and overlooked dispositive distinctions between this case and Stahmann v. Texas, 602 S.W.3d 573 (Tex. Crim. App. 2020). The Court therefore reversed the appellate court's judgment and affirmed that of the trial court. View "McPherson v. Texas" on Justia Law

by
The United States Supreme Court remanded this case to the Texas Court of Criminal Appeals to reconsider Applicant Areli Escobar’s false-testimony claim in light of the State’s confession of error. After receiving a motion suggesting that the parties had evidence not previously considered in these habeas proceedings, the Texas Court held the case for 30 days to allow supplementation of the record. Applicant filed supplemental materials with a cover sheet that listed five items. He failed to comply with the applicable appellate rule because he did not explain the significance of any of these items or why they could not have been filed earlier, but the Court nevertheless considered the new material. Upon consideration, the Court concluded the new material did not change its original assessment of Applicant’s false-testimony claim. View "Ex parte Areli Escobar" on Justia Law

by
In July 2021, Appellant Lucas Vieira was indicted for aggravated assault by threat while acting as a public servant. The indictment alleged that the offense occurred on or about July 7, 2019. Appellant filed a pretrial application for writ of habeas corpus, claiming the indictment was time-barred because it was filed more than two years after the date of the offense. The trial court denied Appellant’s habeas application, and Appellant appealed. The Texas Court of Criminal Appeals found that the indictment was not brought within the applicable two-year statute of limitations, and reversed judgments of the courts below. View "Ex parte Lucas Vieira" on Justia Law

by
Appellant Noel Huggins pled pro se guilty to possession of methamphetamine and was sentenced by the trial court to 18 years in prison. The Texas Court of Criminal Appeal granted review to decide whether his right to counsel was violated. Appellant’s state-jail, possession charge was enhanced with two prior felonies. Appellant doubted the validity of the enhancement allegations, and that doubt helped fuel his on-again/off-again self-representation. He represented himself at the beginning and the end of his case, but he was otherwise represented by two attorneys appointed in succession during most of the approximately 22 months that his case was pending in the trial court. After his trial date was reached during his second period of self- representation and while a venire was standing by, he announced that he would plead guilty and asked for representation again, but the trial court refused to appoint a third attorney. Appellant argued that his two waivers of counsel were not made knowingly and intelligently because the trial court did not admonish him about the dangers and disadvantages of self-representation, and the trial court denied him his statutory right to withdraw his waiver of the right to counsel under Code of Criminal Procedure Article 1.051(h). The court of appeals said the trial court was not required to admonish Appellant of the dangers and disadvantages of self-representation because he did not contest his guilt. The court then looked at whether Appellant’s waiver of counsel was intelligent, knowing, and voluntary. Based on the totality of the circumstances, the court of appeals concluded that it was. The Texas Court of Criminal Appeals concluded Appellant's right to counsel was not violated. View "Huggins v. Texas" on Justia Law

by
In an application for a post-conviction writ of habeas corpus, Applicant Danny Lane challenged his 2007 conviction for failing to comply with sex-offender-registration requirements on five grounds: (1) actual innocence; (2) ineffective assistance of counsel; (3) involuntary plea; (4) due process violation; and (5) no evidence. Though Applicant raised several grounds for relief, the underlying basis for all of his claims was the same: that, unbeknownst to him at the time of his guilty plea, he was not actually required to register as a sex offender because, although he was convicted of aggravated rape in 1982, that conviction was later “set aside” by the convicting court upon his successful completion of probation through a “judicial clemency” order. In support of his position, Applicant relied on a decision from the Sixth Court of Appeals, issued after his guilty plea in this case, interpreting the relevant statutes to mean that a similarly situated individual had no duty to register and thus could not be guilty of failing to register as a sex offender. The Texas Court of Criminal Appeals disagreed with the habeas court's recommendation to grant relief based on ineffective assistance of trial counsel resulting in an involuntary plea, or under a theory of actual innocence / no evidence. The Court concluded that the law was unsettled as to whether Applicant had a duty to register as a sex offender following the trial court’s grant of judicial clemency. Thus, trial counsel did not perform deficiently by failing to further investigate that issue when further investigation would not have yielded any clear answer under the law. The Court concluded the governing statutes in Code of Criminal Procedure Chapter 62 meant that Applicant’s 1982 aggravated rape conviction obligated him to register as a sex offender, notwithstanding the trial court’s order granting him judicial clemency under former Code of Criminal Procedure Article 42.12, Section 7. Relief was denied on all claims. View "Ex parte Danny Lane" on Justia Law

by
In 1998, applicant Rodney Reed was convicted by jury of the capital murder of nineteen-year-old Stacey Lee Stites. The indictment alleged that in April 1996, Reed strangled Stacey to death in the course of committing or attempting to commit kidnapping and aggravated sexual assault. In the years that followed, continuing through this proceeding, Reed has made multiple efforts to have his capital murder conviction overturned. He primarily advanced the theory that he was innocent of Stacey’s murder —specifically, that the biological evidence linking him to Stacey’s body was deposited there because he and Stacey were in a consensual sexual relationship and that Stacey was actually killed by her jealous and domineering fiance, Jimmy Fennell. After review, the Texas Court of Criminal Appeals found Reed's latest attempts to overturn his conviction failed under Ex parte Elizondo, 947 S.W.2d 202 (Tex. Crim. App. 1996), and procedurally under Article 11.071, Section 5(a)(2) of the Texas Code of Criminal Procedure. Ultimately, the Court denied relief and dismissed any remaining claims as abuses of the writ. View "Ex parte Rodney Reed" on Justia Law