Texas Lawyer
Wednesday, April 24, 2013
House Bill 328 would amend Penal Code §39.03 governing official oppression, a Class A misdemeanor. Under the bill, the offense would become a third-degree felony if the conduct "consists of the intentional or knowing suppression of evidence favorable to a defendant and material to the defendant's guilt or punishment in a criminal trial."
Texas Lawyer
Monday, January 28, 2008
Trooper Martinez's recorded investigation narrative did not qualify for admission as a present-sense impression under Texas Rule of Evidence 803(1).
Texas Lawyer
Monday, December 24, 2007
The trial court did not abuse its discretion in sustaining the state's objection to the proffered testimony of defense witnesses Pamela Cartwright and Carla Weatherford.
Texas Lawyer
Monday, December 17, 2007
In introducing evidence of previous assaults by Donald Ray Jones on Theresa Davis, the state did nothing more than rebut the defense that had been raised by Jones in the opening statement.
Texas Lawyer
Monday, December 10, 2007
In light of the evidence properly before the jury, there was no reasonable probability that the testimonial statements moved the jury from a state of nonpersuasion to one of persuasion with regard to punishment.
Texas Lawyer
Monday, November 12, 2007
The trial court did not abuse its discretion in admitting evidence of Robert Glen Davis' prior convictions.