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Texas Court of Criminal Appeals: Trial Court Did Not Abuse Discretion by Granting Rule 508 Motion to Dismiss Capital Murder Charge Where State Refused to Disclose Identity of Confidential Informant

Loaded on March 15, 2022 by Douglas Ankney published in Criminal Legal News April, 2022, page 32
Filed under: Informants, Capital Punishment, Classified Documents/Materials/Evidence. Location: Texas.

by Douglas Ankney

The Court of Criminal Appeals of Texas reversed a judgment of the Court of Appeals (“COA”) that ruled a trial court abused its discretion when dismissing a charge of capital murder pursuant to Texas Rule of Evidence 508 (“Rule 508”) based on the State’s refusal to disclose ...

 

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  1. A Guide to Getting the Most Out of a Plea Bargain, by Jacob Barrett
  2. Second Circuit: District Court Required to Explain Rationale for Reducing Sentence to ‘Time Served’ Under First Step Act but Refused to Reduce Supervised Release Portion of Sentence Despite Being Longer Than New Mandatory Minimum, by Dale Chappell
  3. What You Need to Know Before Contacting a Conviction Integrity Unit, by Kia Hall Hayes, Marissa Boyers Bluestine
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  6. Systematic Lying in Plea Bargaining Is a Feature, Not a Flaw, by David Reutter
  7. Iowa Supreme Court Clarifies When Forensic Interviews of Child Complaining Witnesses Are Admissible, by Douglas Ankney
  8. Sixth Circuit: Government Violated Plea Agreement by Arguing for Sentence Exceeding Guidelines Range, Despite Promise Not to ‘Suggest in Any Way’ Variance Is Appropriate, by David Reutter
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  13. Ending Eyewitness Memory Contamination, by Matthew Clarke
  14. Fourth Circuit: Bodily Injury Sentence Enhancement for Robbery Inapplicable Where Victim Sustained ‘Momentary’ Injury and Sought ‘Precautionary’ Medical Treatment, by Jacob Barrett
  15. Iowa Supreme Court Reverses Conviction Where Prosecutor Allowed to Amend Trial Information at Trial to Charge a ‘Wholly New and Different Offense’, by David Reutter
  16. Texas Court of Criminal Appeals: Trial Court Did Not Abuse Discretion by Granting Rule 508 Motion to Dismiss Capital Murder Charge Where State Refused to Disclose Identity of Confidential Informant, by Douglas Ankney
  17. Vermont Supreme Court Announces Rule 12.1 Doesn’t Require Notice of Diminished Capacity Defense When Expert Testimony Won’t Be Used, by Matthew Clarke
  18. California Court of Appeal: Hearing on Discretionary Resentencing Under §1170.91(b)(1) for U.S. Servicemembers Requires Only That Petition Allege Defendant ‘May’ Be Suffering From a ‘Qualifying Condition’, by Douglas Ankney
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  20. Massachusetts Supreme Court: Prosecution Failed to Prove Defendant Knowingly, Voluntarily, and Intelligently Waived Right to Counsel After Having Asked for Lawyer Earlier But Officer Continued to Engage in ‘General’ Talk for Nearly 45 Minutes, by Anthony Accurso
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  33. NYPD Using Secret Money for Surveillance Tech, by Anthony Accurso
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  36. Oregon Bans Police Lying to Obtain Confessions from Juveniles, by Jacob Barrett
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