The “special rule of privilege in criminal cases” found in Tex. R. Evid. 503(b)(2) has a new lease on life. As discussed in a previous post,…
Category: Evidence
Time for another kudos to Scott Henson at his Grits for Breakfast blog. Texas Court of Criminal Appeals Judge Cathy Cochran sought out Grits to weigh in on the deletion of the…
Weir v. State (Unpublished Memo): This is the companion case to Kelly v. State. Kelly dealt with the wife who put out a “contract” for her husband’s murder. Weir…
Cullum v. State (Unpublished Memo): DWI conviction appealed on grounds that the officer had no reason to make a stop in the first place. In a…
Wesson v. State (Unpublished Opinion): Bribery conviction affirmed. Wesson, the City of Palestine’s dual capacity tax assessor-collector/city water utility supervisor got $1,000 from a citizen in…
Barnes v. State (Unpublished Memo): Victim of domestic violence was wishy-washy, but his testimony, together with that of law enforcement, supports a conviction for aggravated assault…
In the interest of RDG and In the interest of TDM (Published Memos): Texas Family Code § 263.405 may be unconstitutional to the extent that it requires indigent…
PPC Transport v. Metcalf (Published): It’s 2:00 a.m.. A semi trying to find a Pilgrim’s Pride plant in Shelby County misses the turnoff by a little, backs up,…
Mayfield v. State (Unublished Memo): DWI case explains the distinction between two varieties of warrantless searches: exigent circumstances and community caretaker. A concerned citizen observed Mayfield…
Green v. State (Unpublished Memo): In aggravated sexual assault of a child case, the defendant put on evidence that he was a virtuous family man and…