Last updated 4/18/08
In an effort to keep abreast of all the latest
developments in current
What follows is a list of recently published cases wherein
the appellate courts actually reversed a conviction (or, in some instances,
affirmed a trial court’s granting of a motion to suppress). Please note that
the subsequent history of cases has not
been provided and no guarantee exists that any particular case it is still good
law. Likewise, statutory changes should always be considered in determining the
legitimacy of any court’s holding (especially the implementation of the new
harmless error rule at Tex.R.App.Proc. 44.2). Nevertheless, the list is a
fairly comprehensive guide of the most serious errors committed in criminal
prosecutions.
Accomplice Witness Rule, Matter of Law
Accomplice Witness Rule, Insufficient Corroboration
Aggravated Assault, Public Servant, Plain Clothes,
Mistake of Fact
Aggravated Assault, No allegation of recklessness
Aggravated Kidnapping, Restrain, Element of “Interfere
Substantially”
Alcohol, Providing to a Minor, Trespassing
Anhydrous Ammonia, Sufficiency
Arrest Warrants, Probable Cause, Attached Documents
Assault, Family Violence, Household
Batson, Calling Prosecutor as Witness
Bond, Appeal, Conditions, Internet Web Site Content
Bond, Appeal, Conditions, No Driving
Bond, Appeal, After Conviction is Reversed
Bond, Conditions, Child Sexual Abuse
Bond, Hearing, Defendant Testimony on Facts of Offense
Boot Camp, Suspension of Sentence, Court's Jurisdiction
Burglary of a Habitation, Insufficient Evidence
Capital Murder, Insufficient Evidence, Underlying Offense
Charging Instrument, Amendment
Charging Instrument, Amendment vs. Abandonmnet
Charging Instrument, Culpable Mental State
Charging Instrument, Manner and Means
Charging Instrument, Recklessness
Child Pornography, Computer Stored Images, Statutory
Construction
Civil Disputes, Insufficient Evidence
Closing Argument, Accusing Defendant of Extraneous Acts
Not Admitted
Closing Argument, Accusing Defense Counsel of Making Up
Defense
Closing Argument, Accusing Witness for Defense of
Attempting to Bribe Victim
Closing Argument, Commenting on Defendant’s Failure to
Testify
Closing Argument, Commenting on Defendant's Post Arrest
Silence
Closing Argument, Commenting on Judge’s Desire
Closing Argument, DWI, Alcohol Concentration
Closing Argument, Inviting Jurors to Ignore Law
Closing Argument, Inviting Speculation on Facts not in
Evidence
Closing Argument, Parole Instruction
Closing Argument, Range of Punishment for Lesser Offenses
Closing Argument, Outside Record
Closing Argument, Referring to Defendant's Trial Demeanor
Closing Argument, Jeffrey Dahmer and Commenting on
Punishment Election
Closing Argument, Time Limitation
Collateral Estoppel, Motion to Revoke Probation
Community Supervision, Inability to Pay
Community Supervision, Condition, Restitution, Secured
Creditor
Community Supervision, Conditions, Restitution, Special
Prosecutor
Community Supervision, Conditions, Reasonable
Relationship
Community Supervision, Condition. Vagueness, Sex Offense
Community Supervision, Dirty UA, Chain of Custody
Community Supervision, Findings of Fact and Conclusions
of Law
Community Supervision, Modification, Right to Counsel
Community Supervision, Revocation, Delay In Holding
Hearing
Community Supervision, Revocation, Delay In Filing
Petition
Community Supervision, Revocation, Due Diligence
Community Supervision, Revocation, New Conviction
Community Supervision, Revocation, “No Tolerance”
Community Supervision, Revocation, Proof of New Offense
Community Supervision, Revocation, Punishment Hearing
Community Supervision, Revocation, Sentencing, Credit for
Time Served
Community Supervision, Revocation, Time Barred
Community Supervision, Revocation, Withdrawal of Plea
Community Supervision, Shock Probation
Competencey, Motions to Revoke
Confessions, Failure to Honor Counsel Request,
Uncontradicted Testimony
Confessions, Failure to Honor Right to Counsel
Confessions, Failure to Honor Right to End Questioning
Confessions, Miranda, Comment on Post Arrest Silence
Confessions, Re-initiating Further Communication
Confessions, Right To Counsel, Sixth Amendment,
Adversarial Hearing
Confessions, Post Polygraph Interview
Confessions, Station House Questioning, Custody
Confessions, Station House Questioning, Custody,
Attenuation Doctrine
Confessions, Traffic Stop, Miranda
Confessions, Voluntariness, Jury Instruction
Confessions, Waiver, "On Its Face"
Confidential Informant, Disclosure of Identity
Confrontation Clause, Crawford v. Washington
Confrontation Clause, In General
Counsel, Appointed, Substitute Before Punishment Phase
Counsel, Right to; Knowing Waiver
Counsel, Right to; Knowing Waiver; Revocation Proceeding
Counsel, Right to, Waiver, After Right To Counsel
Attached
Counsel, Right to; Withdrawal of Waiver
Court’s Charge, Counts v. Paragraphs, Unanimous Verdict
Criminal Instrument, Insufficient Evidence
Criminal Trespass, Pleading, Ownership, Insufficient
Evidence
Criminal Trespass, Real Estate Only
Cross Examination, Paid Informant
Cross-Examination, Restriction
Cross Examination, Restriction, Opened Door
Cross-Examination, Questioning on Post Arrest Silence
Culpable Mental State, Health & Safety Code
Deadly Conduct, Felony, Insufficient Evidence
Deadly Weapon Finding, Culpable Mental State
Deadly Weapon Finding, Insufficient Evidence
Deadly Weapon Finding, Insufficient Notice
Deadly Weapon Finding, No Jury Determination
Deadly Weapon Finding, Parties
DeGarmo Doctrine, Appealing Motion to Suppress
Delivery of Controlled Substance, Legally Insufficiency
Discovery, Exculpatory Evidence
Discovery, Withholding Evidence
Dismissal by Trial Court, Unusual Case
Disorderly Conduct, Shooting the Bird
Double Jeopardy, Acquittal of Higher Offense
Double Jeopardy, Aggravated Kidnapping, Aggravated
Assault
Double Jeopardy, Contempt in Injunction (Wacky)
Double Jeopardy, Delivery and Possession with Intent
Double Jeopardy, DWI Injuries and Reckless Assault
Double Jeopardy, Improper Acceptance of Non-Unanimous
Verdict
Double Jeopardy, Injury To A Child
Double Jeopardy, Manslaughter and Intoxication
Manslaughter
Double Jeopardy, Prosecutor's Reckless Cause of a
Mistrial
Double Jeopardy, Sexual Offenses
DWI, Attorney, Reference During Initial Stop, Rule 403
DWI, Charge, Combination of Drugs
DWI, Cross Examination, Quotas
DWI, Expert Testimony, Absorption Rate
DWI, Enhancement, Felony, Stipulate Prior Convictions
(Significant)
DWI, Extrapolation, Mata, Relevancy, Rule 403 Etc.
DWI, Failure to Maintain a Single Lane
DWI, Felony, Proof of Priors in Case in Chief
DWI, Felony, All Convictions Must be Proved (Significant)
DWI, Felony, Offense Date of Prior Convictions
(Significan – Old Law)
DWI, Felony, 10 Year Rule Under Amended Penal Code
DWI, Felony, Insufficient Proof of Prior Convictions
DWI, Felony, Stipulation to Priors
DWI, Videotape, Invoking Right to Counsel
DWI, Videotape, Invoking Right to Terminate Interview
DWLS, Effect of Failure to Pay Reinstatement Fee
DWLS, Final Underlying Conviction Required
Endangering a Child, Imminent Harm, Sufficiency
Escape, Element of
Custody or Arrest
Evading Arrest, Enhancement with Prior Evading
Evidence, Authenticating Audio Tapes
Evidence, Child Sexual Abuse, Videotape Testimony
Evidence, Hearsay, Backdoor Trick
Evidence, Hearsay, Business Records
Evidence, Hearsay, Co-Defendant's Statement/Statement
Against Interest
Evidence, Hearsay, Deceased's Victim Note
Evidence, Hearsay, Excited Utterance
Evidence, Hearsay, Letter to DA
Evidence, Hearsay, Medical Exception
Evidence, Hearsay, Prior Consistent Statement
Evidence, Hearsay, Search Warrant Affidavit
Evidence, Hearsay, Truth of Matter Asserted
Evidence, Open the Door, Hearsay
Evidence, Outcry
Testimony, Notice, Details
Evidence, Outcry Testimony, Not First Person
Evidence, Present Sense Impression, Narration on DWI Tape
Evidence, Rule 403,
Substantial Prejudice
Evidence, Sexual Assault, Medical Records Exception
Evidence, Sexual Assault, Victim's Prior Sexual Contact
Evidence, Sexual Assault, Victim's Prior Statement of 3P
Abuser
Evidence, State Estopped from Challenging
Experts, Court Appointed, Continuances
Experts, Court Appointed, Requesting
Experts, DPS Chemist, Relying on Report
Experts, Eyewitness Reliability
Experts, Hypnotically Refreshed Testimony
Experts, Kelly Predicate In General
Experts, Urinalysis, Probation Revocation
Expunction, Misdemeanors Pled in Bar
Extrajudicial Confession, Corroboration
Extraneous Offenses, Conduct of Third Parties
Extraneous Offenses, Election By State
Extraneous Offenses, "Opening the Door"
Extraneous Offenses, Prior Injuries in Shaken Baby
Syndrome Case
Extraneous Offenses, Rule 404 Notice
Extraneous Offenses, Rules 404 and 403 vs. art. 38.36 in
Murder Case
Extraneous Offenses, Rule 403, Drugs in Drug Cases
Extraneous Offenses, Sexual Offenses
Extraneous Offenses, Sexual Offenses, Notice
Extraneous Offenses, Sufficiency
Extraneous Offenses, Third Person, Relevancy
Failure to Identity, Not Under Arrest or Detention
Fifth Amendment, Speech Sample By Defendant, No Cross
Financial Responsibility, Proof Of
Forfeiture and Seizure, Civil, Service of Process
Forfeiture and Seizure, Excessive Fines Clause
Good Conduct Time, Sheriff’s Discretion
Guilty Plea, Mistrial, Withdrawal
Identification, Pre-Trial Photo, Taint
Immunity Agreements, Court Approval
Impeachment, Calling Witness For Purpose of Impeachment
Impeachment, Complaining Witness Qualifies as “Party
Opponent”
Impeachment, Hearsay Declarant, Rule 806
Impeachment, Pending Deferred Adjudication of Defendant,
403
Impeachment, Pending Deferred Adjudication of State's
Witness
Impeachment, Prior Convictions vs. Prior Instances of
Misconduct
Impeachment, Prior Conviction, Successful Probation
Impeachment, Prior Conviction, Underlying Facts
Impeachment, Prior Conviction Too Prejudicial
Impeachment, Prior Conviction, Remoteness
Impeachment, Prior False Accusation, Sexual Abuse *
Impeachment, Prior Assault Convictions, Similarity
Indictment, Delay Under art. 32.01
Inducing Sexual Performance By A Child
Ineffective Assistance of Counsel (Multiple Cases)
Ineffective Assistance of Counsel, Punishment Phase
Injury to a Child, Intentional, Insufficient Evidence
Injury to a Child, Serious Bodily Injury, Omission,
Sufficiency of the Evidence
Injury to A Child, Serious Bodily Injury, Substantial
Risk Of Death
Injury to the Elderly, Insufficient Evidence of Age
Insanity, Factually Insufficient
Insufficient Evidence, Details of Indictment Not Proven
Insufficient Evidence, Fatal Variance Between Indictment
and Proof
Jurisdiction, Felony Court, Misdemeanor Offense
Juror, Disqualification, Recognizes Victim After Trial
Begins
Juror, Excused for Economic Reasons
Jury Charge, Commenting on Evidence
Jury Deliberations, "Decided By Lot"
Jury Deliberations, Outside Evidence
Jury Instructions, Judicial Notice, HGN
Jury Instructions, Illegally Obtained Evidence, art.
38.23(a)
Jury Instructions, Presumptions
Jury Instructions, Reasonable Doubt
Jury Instructions, Response to Note
Jury Instruction, Threats By Decedent, Murder Case
Jury Notes, Trial Court's Oral Response
Jury Qualifications, Related to Punishment Phase
Extraneous Offense Victim
Jury, Verdict Less Than 12, “Disabled”
Juveniles, Pre Disposition Report, 5th Amendment
Juveniles, Revocation, Amended Motion After Term Expires
Jury, Waiver, "Substantial Right"
Lesser Included Offense, Jury Charge, Expansion of
Indictment
Lesser Included Offense, Reformation When Evidence
Insufficient on Greater Charge
Limitations, Tolling Due to Pending Indictment
Manufacturing Cont. Sub, Nazi Lab, Insufficient Evidence
Misapplication of Fiduciary Duty
Mistrial, Occurring During Punishment On Plea of Guilty
Mistrial, Racial Comment by State
New Trial, Motion For, Appeal by State
New Trial, Motion For, Failure to Record Bench Conference
New Trial, Motion For, Hearing Requirement
New Trial, Motion for, Newly Discovered Evidence
Notice, Texas Rules of Evidence 404
Nunc Pro Tunc, Deadly Weapon Finding
Official Misconduct, Statute Unconstitutional as Applied
Open Pleas, Defendant Invoking 5th Amendment in
Punishment Phase
Organized Crime, "Combination"
Organized Crime, Drugs, Flawed Indictment
Parties, Insufficient Evidence
Parties, Jury Charge, Application Paragraph
Parties, Jury Charges, Application Paragraph, Language
Error
Perjury, Insufficient Evidence
Plea Agreements, Court Imposes Deferred Adjudication
Plea Agreements, Court Is Bound Upon Acceptance
Plea Negotiations, Admissibility
Pleas, Failure to Admonish on Immigration Consequences
Pleas, Failure to Admonish on Sex Offender Registration
Pleas, Failure to Admonish on Range of Punishment
Admonishment, Constitutional Error
Pleas, Opportunity to Withdraw
Pleas, Involuntary, Interpreter
Pleas, Stipulation, No "Waiver and Consent"
Possession of a Controlled Substance
Possession of a Controlled Substance, Insufficient
Evidence, Affirmative Links
Possession of a Controlled Substance, Chemist Testing
Sample of All Bags
Possession of a Controlled Substance, Chemist Relying on
Other Chemist’s Report
Possession Weapon by Felon, Prior Probation Discharged Under 42.12 § 20(a)
Possession of Weapon by Felon, Stipulation to Prior
Conviction
Prohibited Substance in Correctional Facility
Punishment, Enhancement Allegations, Defendant’s Plea
Punishment, Enhancement Allegations, Drug Free Zone
Punishment, Enhancement Allegations, Finality
Punishment, Enhancement Allegations, Juvenile
Adjudications
Punishment, Enhancement Allegations, Notice, Retrial
Punishment, Enhancement Allegations, Pleading
Punishment, Enhancement Allegations, State Jail
Punishment, Enhancement Allegation, Sequential, Finality
Punishment, Enhancement Allegations, Theft
Punishment, State Jail Felonies, Finality
Punishment, State Jail Felonies, Mandatory Probation
After MTA
Punishment Evidence, Deferred Adjudication
Punishment Evidence, Expert, Psychological
Punishment Evidence, Extraneous Offenses, Instruction on
Burden of Proof
Punishment Evidence, Extraneous Offenses, Instruction on
Criminal Responsibility
Punishment Evidence, Extraneous Offenses, Whether
Prosecuted
Punishment Evidence, Extraneous Offenses, Evidence of
Sentence
Punishment Evidence, Extraneous Offenses, Victim Impact
Punishment Evidence, Enhancement Paragraphs, Instruction
on Burden of Proof
Punishment Evidence, Group Association
Punishment Evidence, Mitigation, Physical Appearance of
Sex Assault Victim
Punishment Evidence, Notice of Extraneous
Punishment Evidence, Opinions of Defendant's "Safety
Net"
Punishment Evidence, Prior Judgements, Connecting to
Defendant
Punishment Evidence, Suitability for Probation,
Recidivism
Punishment Hearing, Election, Due Process
Resisting Arrest, Sufficiency of the Evidence
Restitution, Who Can Receive And What For
Retaliation, Insufficient Evidence
"Rule, The"; Burden to Establish Exemption
Sanity, Expert Examination, Failure to Provide Report
Scientific Evidence (Significant)
Search and Seizure, Arrest, “About to Escape”, art. 14.04
Search and Seizure, Arrest, “Suspicious Place” art. 14.03
Search and Seizure, Arrest Warrant, Justify Home Entry?
Search and Seizure, Authority, Bedroom of Another
Search and Seizure, Border Patrol
Search and Seizure, Collateral Estoppel
Search and Seizure, Community Caretaking Function
Search and Seizure, Consent, Extent of Consent
Search and Seizure, Consent to Search, Voluntary
Search and Seizure, Consent, Subsequent Search
Search and Seizure, Curtilage, Back Door
Search and Seizure, Exigent Circumstances
Search and Seizure, Expectation of Privacy
Search and Seizure, Illegal Act by Private Citizen, Art.
38.23
Search and Seizure, Jurisdiction for Arrests