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

July 9, 2021

Courts of Appeals

Cameron v. State

No. 04-19-00245-CR               6/30/21

Issues:

Was a defendant entitled to be tried under the criminal solicitation statute under the doctrine of in pari materia instead of being charged with murder and the law of parties?

Holding:

No. The trial court correctly denied the defendant’s motion to dismiss the indictment because §§19.02(b)(1)-(2) (Murder) and 15.03 (Criminal Solicitation) of the Penal Code do not have the same subject or purpose, which is the most important element under the doctrine of in pari materia. Sec. 19.02 penalizes a crime against a person, whereas §15.03 penalizes a person who induces or attempts to induce another person to commit a first-degree felony. Read opinion.

Estrada v. State

No. 04-20-00059-CR               6/30/21

Issue:

Did the trial court correctly deny a defendant’s motion to quash the indictment because it did not allege the circumstances of the act, which indicated that the defendant acted in a reckless manner?

Holding:

Yes. The indictment’s language, “recklessly cause[d] the death of an individual … by restraining [the victim] and depriving him of oxygen” satisfied the State’s burden to allege both an act and the circumstances indicating recklessness. The defendant’s act was restraining the victim, the manner was depriving the victim of oxygen, and an ordinary person would understand depriving the victim of oxygen recklessly caused his death. Read opinion.

State v. Patel

No. 05-20-00129-CR               7/2/21

Issue:

Did a search warrant for a blood draw violate Art. 18.10 of the Texas Code of Criminal Procedure because the State did not provide the trial court with the return and inventory?

Holding:

No. As the Court of Criminal Appeals has determined, Art. 38.23, which requires evidence to be excluded when it is obtained in violation of the law, does not apply to Art. 18.10. Moreover, the Court noted the plain language of Art. 18.10 states, “The failure of an officer to make a timely return of an executed search warrant or to submit an inventory of the property … does not bar the admission of evidence under Article 38.23. …” Read opinion.

Attorney General Opinion

KP-0375                       7/7/21

Issue:

May a newly elected constable immediately take office and provide evidence of peace officer licensure within 270 days, or is he required to defer taking office until he satisfies that eligibility requirement ?

Conclusion:

“Section 86.0021 does not address the exact date by which a constable must assume office, but under §601.003 of the Government Code, a person elected to the office of constable in the November general election must qualify and assume the duties of that office on January 1, or as soon as possible thereafter.” Regarding “as soon as possible,” the Attorney General stated a court would most likely construe that to mean within a reasonable time frame, which is a question of fact and not part of the Attorney General’s opinion process. Read opinion.

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.