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

March 25, 2022

Texas Supreme Court

In re Anthony

No. 22-0193                        3/18/22

Issue:

Can a candidate for public office be disqualified from being placed on the ballot for failing to list an occupation on her application when she is retired?

Holding:

No. Because the candidate did not have an occupation for which she received compensation, she did not violate Elec. Code §141.031(4)(B), which requires candidates to list their occupations on the application. The Court directed the city official to accept the candidate’s application and to place her on the ballot. Read opinion.

Commentary:

This opinion makes clear that, while it may be best practice for a candidate who does not currently have an occupation—meaning, paid employment—to indicate such on his or her ballot application (e.g., by listing “retired,” “unpaid volunteer,” “none,” “not applicable,” etc.), that information is not required for the ballot application to be valid if the candidate truly has no compensated work. If you’re going to run for office, keep this decision in mind when filling out the ballot application (or check your opponent(s)’s application(s) for accuracy), and remember that candidates may not amend their ballot applications after the filing deadline passes.

TDCAA Advanced Appellate Course Registration Now Open

This course is designed for prosecutors who are assigned primarily to an appellate caseload or have significant mixed trial and appellate experience who want to prepare and participate in a hands-on course to increase their effectiveness in brief writing and oral argument. If you are interested in attending, please review the posted brochure on our website to review conditions, dates, and locations.

Hinton Memorial Scholarship Reminder

Want to go to the 2022 TDCAA Annual Criminal and Civil Law Conference but don’t have the funds? Just a reminder that the Foundation, through generous gifts in memory of Mike Hinton, can provide you with a scholarship! All you need to do is fill out the application HERE and send it in. Questions? Just call Rob at 512/971-8425. But hurry, applications are due April 30.

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 Joe Hooker.