Texas Courts of Appeals
Kjolhede v. State – 5th COA
07/15/09 : Cite No. 05-06-01361-CR : Privacy Interest
Did the defendant have standing to challenge a search of his suitcase at airport curb-side check-in by a Transportation Security Administration officer who subsequently found a vial of cocaine in the bag?
No. The defendant had a possessory interest in his own suitcase, but he willingly surrendered the bag to the TSA for screening. There were numerous signs warning that passengers need to be available to unlock their baggage if they want to travel with locked bags. Any hope that the defendant had that his baggage would not be checked before being loaded aboard a passenger aircraft was not reasonable in a post-9/11 world.
So, now we have it in print. Your are officially stupid if you put cocaine in your suitcase and think no one can search for and seize it at the airport after you check your luggage.
Texas Attorney General Opinions and Opinion Requests
Opinion for the Harrison County Criminal District Attorney
07/16/09 : Opinion No. GA-0728 : Statutory County Court Judges
Is the judge of a statutory county court, the jurisdiction of which is limited to misdemeanor cases, among the group of judges described in Government Code §76.002 (Establishment of Departments)?
Yes, the judge of a statutory county court who is trying criminal cases in the county or counties served by the judicial district and who has jurisdiction over only misdemeanor cases is likely among the group of judges described in Government Code §76.002(a).
Opinion Request from The Honorable Rodney Ellis
07/14/09 : Request No. RQ-0810-GA : Posthumous Pardons
May the governor grant a legally effective posthumous pardon under current Texas law or under the law as of September 1, 2009, when new laws go into effect? In addition, who has standing, and on what grounds, to challenge a governor’s pardon (posthumous or otherwise)? Next, is the Board of Pardons and Parole constitutionally authorized to recommend a posthumous pardon and was a previous Attorney General’s Opinion (No. C-471), issued in 1965, legally binding on the governor, or could he have legally issued a posthumous pardon upon the recommendation of the Board of Pardons and Parole? Finally, what is the process for challenging a pardon? If the challenge is successful, is there an appeals process?
Read opinion request.
This request for an AG opinion arises from the failed attempt last session to amend the Texas Constitution to give the governor authority to issue a pardon to a person after that person has died. The legislation was written to respond to the exoneration of Timothy Cole, who had died in prison serving a sentence for a crime he didn’t commit. The bill failed to pass in the recent session because of the chubbing that took place in the House, causing many bills to die prematurely. Governor Perry has taken the position that he can’t grant a pardon for a dead person. Senator Ellis has taken the position that the governor can grant such a pardon, even though the law was not amended. This opinion seeks a tie-breaker from the AG.
TDCAA is pleased to offer our members unique case summaries from the U.S. Supreme Court, the 5th Circuit Court of Appeals, the Texas Court of Criminal Appeals, 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 information contained in this email message may be privileged, confidential, and protected from disclosure. Any unauthorized use, printing, copying, disclosure, dissemination of or reliance upon this communication by persons other than the intended recipient may be subject to legal restriction or sanction. Please email comments, problems, or questions to [email protected] In addition, if you would like to discuss the summaries with fellow prosecutors, look for the thread in our criminal forum.