Texas Courts of Appeals

Ex parte Estrada

Nos. 14-20-00758-CR through -00760-CR                     8/19/21

Issue:

Did admitting a written factual summary depicting the nature of the defendant’s charges written by a detective who did not testify at the defendant’s bail hearing violate the defendant’s Confrontation Clause rights?

Holding:

No. The rights protected by the Confrontation Clause apply only to trial and not to pretrial proceedings, such as bail hearings. The Court further found testimony from the defendant’s family members about his health conditions and vulnerability to COVID-19 was not sufficient to warrant a bail reduction, because there was no expert testimony about how being kept in custody would affect his vulnerability or how the defendant was more likely to be reinfected while in custody. Read opinion.

Commentary:

This is a good and helpful decision with regard to the application of a defendant’s confrontation rights at such proceedings. But it should be noted that the defendant did not raise a hearsay claim on appeal, and the rules regarding hearsay apply to proceedings that deal with the denial, revocation, or increase of bail. See Tex. R. Evid. 101(e)(3)(C). The defendant did not raise anything specific with regard to COVID that distinguished him from the public at large or even the jail population at large.

Texas Attorney General Opinion

KP-0381            8/24/21

Issue:

May a peace officer force entry into a residence or dwelling to enforce a parole-revocation warrant for the arrest of a releasee (commonly called a “blue warrant”)?

Conclusion:

Yes. Chapter 508, Subchapter H of the Govt. Code authorizes the issuance of parole revocation warrants if a parolee violates a condition of a parole or in other specified circumstances. Under Art. 15.24 of the Code of Criminal Procedure, an officer executing a parole revocation warrant is authorized to use reasonable force to effectuate the warrant (as with any other valid arrest warrant). If an officer has a reasonable belief that the suspect resides at the place to be entered and is present, the officer has authority to use reasonable force to enter the residence to execute the warrant. Read opinion.

Commentary:

This is a very good opinion that details the law regarding “blue” warrants. Keep this opinion close if you deal with the validity of an officer’s use or execution of a “blue” warrant.