Courts of Appeals
Coleman v. State
No. 14-19-01016-CR 7/15/21
Issue:
Can a defendant’s two prior felony convictions for family violence assault be used to enhance his punishment for a new felony family violence assault under the habitual offender statute in §22.01(b)(2)(A)?
Holding:
Yes. Distinguishing the language of the family-violence assault statute from the DWI and theft statutes, the Court held §22.01(b)(2)(A) is not a special statute for enhancement purposes that supersedes enhancement under the habitual felony offender statute (§12.42(d)). Read opinion.
Commentary:
This case is a useful example of how to prosecute family violence cases without cooperative victims in the post-Crawford age. In this instance, the State proved the case with the officer who witnessed the assault as well as jail calls between the defendant and the victim.
Texas Attorney General Opinion Request
RQ-0416-KP 7/8/21
Issue:
Is a peace officer prohibited from forcing entry into a residence or dwelling to enforce a parole-revocation warrant for the arrest of a releasee (commonly called a “blue warrant”)?
Requested by:
Joan Huffman, Chair, Senate Committee on Jurisprudence