Case Summaries

Each week, TDCAA staff members summarize the most important cases from Texas and federal criminal courts and provide insightful commentary on how those cases could impact the criminal justice system as well as a link to the opinions. Find a library of previous Weekly Case Summaries here.

Summaries

January 22, 2021

Texas Attorney General Opinions

KP-0348          1/13/21

Issue:

Does publication of investment information in a regularly published media source make that information “publicly released” and therefore no longer “confidential by law” under Government Code §552.143(b)?

Conclusion:

Not necessarily. That a newspaper account includes information that may also be found in confidential information maintained by a governmental body does not necessarily establish that the report derived from the confidential information. The facts recited in the request letter do not establish a basis for the conclusion that information reported in the newspaper was derived from information prepared or maintained by a governmental body or a private investment fund or that otherwise confidential information was publicly released as authorized under the Act. Read opinion.

Commentary:

The leak of information deemed confidential under the PIA does not strip the information of confidentiality under the PIA. Thus, agencies holding such information are still required to protect it in the face of a PIA, even if they might rather release the information for other purposes.

RQ-0396-KP    1/20/21

Issue:

Is residency for purpose of running for the office of county attorney based on intent or actual residency? Read opinion request.

Requested by:

Rusty Friedrichs, Goliad County Auditor

TDCAA is pleased to offer these unique case summaries from the U.S. Supreme Court, the Fifth Circuit Court of Appeals, the Texas Court of Criminal Appeals, the Texas Supreme Court, the Texas Courts of Appeals and the Texas Attorney General. In addition to the basic summaries, each case will have a link to the full text opinion and will offer exclusive prosecutor commentary explaining how the case may impact you as a prosecutor. The case summaries are for the benefit of prosecutors, their staff members, and members of the law enforcement community. These summaries are NOT a source of legal advice for citizens. The commentaries expressed in these case summaries are not official statements by TDCAA and do not represent the opinions of TDCAA, its staff, or any member of the association. Please email comments, problems, or questions to Monica Mendoza.