Justia Texas Supreme Court Opinion Summaries
Articles Posted in Criminal Law
In re Commitment of Bohannan
Michael Wayne Bohannan pleaded guilty to two counts of aggravated rape with a deadly weapon. Upon being released on mandatory supervision, Bohannan was thrice returned to prison for sexual crimes. After receiving a psychologist's report that Bohannan was a sexually violent predator (SVP), the State petitioned for his commitment. After a jury trial, the trial court issued an order of civil commitment. Bohannan appealed, contending that the trial court's exclusion of certain testimony on the basis that the expert was "not qualified to present an opinion" on whether someone is an SVP was error. The court of appeals determined that the exclusion of the testimony was harmful error and remanded the case for a new trial. The Supreme Court affirmed, though for different reasons, holding that the trial court abused its discretion in excluding the testimony on the grounds that the expert was not a physician or psychologist rather than examining her experience and training, and the exclusion was harmful. View "In re Commitment of Bohannan" on Justia Law
In the matter of M.P.A.
A jury found petitioner committed sexual assault of a child based on the testimony of two witnesses who have recanted, and sentenced petitioner to 22 years' confinement after hearing false testimony by a State's expert. The district court denied habeas relief, the court of appeals affirmed, and petitioner subsequently appealed. The court concluded that petitioner was not entitled to relief on his claims of actual innocence or ineffective assistance of counsel. The court concluded, however, that false testimony by the State's expert witness contributed to his sentence and he was therefore entitled to a new disposition hearing. View "In the matter of M.P.A." on Justia Law
In re Allen
Relator sought compensation from the state following the Texas Court of Appeals' grant of habeas relief. Under the Tim Cole Act, Tex. Civ. Prac. & Rem. Code 103.001(a), a wrongfully imprisoned person could seek compensation from the state for the period of wrongful imprisonment. The court conditionally granted the petition for mandamus and instructed the Comptroller to comply and compensate relator under the terms of the Act where the Court of Criminal Appeals granted habeas relief on a Schlup v. Delo claim and relator's order clearly indicated that relief was based on actual innocence. View "In re Allen" on Justia Law
Texas Dept. of Public Safety v. Caruana
This case arose when respondent was arrested by a state trooper for driving while intoxicated. At issue was whether a peace officer's arrest report must be excluded from evidence if not sworn as required by law. Because it was no less a criminal offense to make a false statement in a governmental record than it was to make one under oath, the court held that an officer's failure to swear to a report did not deprive it of the assurance of veracity or render it inadmissible. Consequently, the court reversed the court of appeals' judgment and remanded. View "Texas Dept. of Public Safety v. Caruana" on Justia Law
In re Coy Reece
Relator was held in contempt of court and confined for perjuring himself during a deposition. At issue was whether a trial court could hold a litigant in contempt for perjury committed during a deposition and whether the court should exercise mandamus jurisdiction to provide a forum for a civil litigant who was deprived of liberty pursuant to a court's contempt order, and the Court of Criminal Appeals had declined to exercise its habeas jurisdiction. The court held that the trial court abused its discretion where such perjury did not obstruct the operation of the court. The court also held that relator had no adequate remedy by appeal where the underlying suit was civil in nature and the Court of Appeals declined to grant relator leave to file a habeas petition in that court. Accordingly, mandamus was the appropriate remedy to correct the trial court's abuse of discretion and the court conditionally granted relief.