The appellate court incorrectly deleted an order requiring the defendant to pay restitution to his victim's estate. In view of Texas' public policy favoring restitution to crime victims and their estates (CCP art. 42.037) it is not unreasonable to give the State a second opportunity to prove the proper amount of restitution. Barrera v. State - PD-1642-07

In a burglary of a habitation case the jury charge improperly asked the jury to vote on only one crime in the application paragraph, which mentioned two ways of committing theft. The trial court's jury charge should have explained both kinds of burglary and authorized jurors to convict on either. It explained only one kind in the abstract statement of the law and authorized conviction on the other in the application paragraph. Grissam v. State - PD-1532-07.

The State was not obligated at trial to prove that its prosecution of the
defendant was not barred by the statute of limitations. At the trial stage, the defendant moved twice for an instructed verdict of acquittal but never requested a jury instruction on the statute of limitations defense. Tita v. State - PD-1574-07.

The rescheduled Annual Criminal & Civil Law Update has been set for January 14-16, 2009, in Austin at the Doubletree North Hotel. Here are some hotel options for those who would like to attend:

Doubletree Austin North.

Our room block is currently sold out, but you may continue to check back for availability; refer to the TDCAA conference. 6505 IH–35 North, call 512/454-3737 for reservations. Room rates are $85 for a single and $135 for a double.

Thursday, October 2, 2008

By JESSICA MEYERS / The Dallas Morning News
 

Tuesday, September 30, 2008

By David Rupkalvis

 

No error was found when the trial court admitted the defendant's oral custodial confession of gang affiliation to a jail officer when the officer failed to follow CCP art. 38.22 in obtaining the statement. Art. 38.22 only applies to custodial interrogations, not to statements made in response to questions from an officer seeking to classify the defendant for placement in the inmate population.