NO CR. GLEN FRAZIER, Appellant. THE STATE OF TEXAS, Appellee BRIEF IN SUPPORT OF MOTION TO WITHDRAW

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "NO. 05-11-00657-CR. GLEN FRAZIER, Appellant. THE STATE OF TEXAS, Appellee BRIEF IN SUPPORT OF MOTION TO WITHDRAW"

Transcription

1 NO CR IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS 5th Court of Appeals FILED: 03/23/ :00 Lisa Matz, Clerk GLEN FRAZIER, Appellant v. THE STATE OF TEXAS, Appellee On appeal from the 283rd Judicial District Court of Dallas County, Texas Cause No. F T BRIEF IN SUPPORT OF MOTION TO WITHDRAW Lynn Richardson Chief Public Defender Counsel of Record: Kathleen A. Walsh Assistant Public Defender Dallas County Public Defender s Office Katherine A. Drew State Bar Number: Chief, Appellate Division 133 N. Riverfront Blvd., LB 2 Dallas, Texas (214) (telephone) (214) (fax) ATTORNEYS FOR APPELLANT

2 LIST OF PARTIES APPELLANT Glen Frazier APPELLANT S ATTORNEYS AT TRIAL: Calvin Johnson State Bar No Commerce Street, Suite 540 Dallas, TX ON APPEAL: Kathleen A. Walsh Assistant Public Defender Dallas County Public Defender s Office State Bar Number: Frank Crowley Courts Building 133 N. Industrial Blvd., LB 2 Dallas, Texas STATE S ATTORNEYS AT TRIAL: Reynie Tinajero State Bar No Audra Riley State Bar No Assistant District Attorneys ON APPEAL: Craig Watkins (or his designated representative) Dallas County District Attorney s Office Frank Crowley Courts Building 133 N. Industrial Blvd., LB-19 Dallas, Texas ii

3 TABLE OF CONTENTS LIST OF PARTIES... ii INDEX OF AUTHORITIES... iv STATEMENT OF THE CASE... 1 CERTIFICATE OF COUNSEL... 1 SPECIAL STATEMENT TO THE COURT... 2 Jurisdiction... 2 Plea Proceedings... 4 CONCLUSION... 8 CERTIFICATE OF SERVICE... 8 iii

4 INDEX OF AUTHORITIES Cases Anders v. California, 386 U.S. 738 (1966)...1 Cevalles v. State, 513 S.W.2d 865 (Tex. Crim. App. 1974)...6 Davenport v. State, 858 S.W.2d 1 (Tex. App. Dallas 1993, no pet.)...6 Dinnery v. State, 592 S.W.2d 343(Tex. Crim. App. 1979)...6 Ex parte Broadway, 301 S.W.3d 694(Tex. Crim. App. 2009)...3, 4 Ex parte Delaney, 207 S.W.3d 794 (Tex. Crim. App. 2006)...3 Gainous v. State, 436 S.W.2d 137(Tex. Crim. App. 1969)...1 Harmelin v. Michigan, 501 U.S. 957 (1991)...7 Harris v. State, 656 S.W.2d 481(Tex. Crim. App. 1983)...7 Hernandez v. State, 726 S.W.2d 53(Tex. Crim. App. 1986)...7 Jeffery v. State, 903 S.W.2d 776 (Tex. App. Dallas 1995, no pet)....2 Monreal v. State, 99 S.W.3d 615(Tex. Crim. App. 2003)...3 Strickland v. Washington, 466 U.S. 668 (1984)...7 iv

5 Studer v. State, 799 S.W.2d 263 (Tex. Crim. App. 1989)...4 Statutes TEX. CODE CRIM. PROC. art TEX. CODE CRIM. PROC. art TEX. CODE CRIM. PROC. art. 1.14(b)...4 TEX. CODE CRIM. PROC. art TEX. CODE CRIM. PROC. art TEX. CODE CRIM. PROC. art (b)...5 TEX. CODE CRIM. PROC. art TEX. PENAL CODE 22.04(a)(1)...4 Constitutional Provisions TEX. CONST. art. I, TEX. CONST. art. V, U.S. CONST. art. VIII...7 v

6 TO THE HONORABLE COURT OF APPEALS: The undersigned attorney submits this brief in support of the motion to withdraw. This is an appeal from a conviction for the offense of serious bodily injury to a child in the 283rd Judicial District Court of Dallas County, Texas, the Honorable Rick Magnis, Judge presiding. STATEMENT OF THE CASE Appellant was charged by indictment with offense of serious bodily injury to a child alleged to have been committed on July 6, (CR: 5). On January 20, 2011, Appellant waived his right to a jury trial and entered an open plea of guilty. (RR2: 5-7). Appellant s signed written, judicial confession and stipulation of evidence was admitted into evidence. (RR2: 7: CR: 62-66). The punishment hearing was held on March 28, (RR3). After hearing the testimony of numerous witnesses, the trial court found Appellant guilty on his plea and sentenced Appellant to 25 years imprisonment. (RR3: 62). Notice of appeal was timely filed. (CR: 70). CERTIFICATE OF COUNSEL In compliance with the requirements of Anders v. California, 386 U.S. 738 (1966) and Gainous v. State, 436 S.W.2d 137, 138 (Tex. Crim. App. 1969), the undersigned appointed attorney states that she has diligently reviewed the entire record in this cause and the law applicable thereto and, in her opinion, this appeal is without merit and wholly frivolous in that the record reflects no reversible error. It is also the opinion of the

7 undersigned appointed attorney on appeal that there are no grounds of error upon which an appeal can be predicated. The undersigned appointed attorney on appeal has served a copy of this brief on Appellant. At that time, the undersigned attorney informed Appellant by letter that, in her professional opinion, the appeal was without merit. The undersigned attorney also explained that Appellant has the right to review the record and to file a pro se brief if he so desires. The undersigned attorney has provided a copy of the record to Appellant. Appellant has also been informed by the undersigned attorney that he may request an extension of time from this Honorable Court for the filing of a pro se brief if he so desires. The undersigned attorney has also filed a Motion to Withdraw as mandated by this Court s opinion in Jeffery v. State, 903 S.W.2d 776 (Tex. App. Dallas 1995, no pet). SPECIAL STATEMENT TO THE COURT Jurisdiction. An argument can be made that Appellant has waived his right of appeal in this case. However, based upon the record and the nature of the proceedings, as well as the applicable law, the undersigned attorney has concluded that Appellant has not waived such right. The record contains a document entitled Plea Agreement which is dated January 20, 2011 and signed by both the State, the Appellant, and the Magistrate who initially took Appellant s plea. (CR: 62-65). This document indicates that Appellant would enter 2

8 an open plea of guilty. (CR: 62-65). In the Section entitled State s recommendation, the words 40 TDC is written. (CR: 62). The only entry written in the section entitled Agreed Sentence, is the word OPEN. (CR: 63). In the Section entitled Defendant s Statements and Waivers, the box is checked in front of the language indicating that Appellant was waiving his right to appeal if the trial court followed the terms of the State s recommendation as to sentencing. (CR: 64). The plea hearing was held on January 20, 2011 before a magistrate. (RR2). At the end of the hearing, the Court accepted Appellant s plea of guilt, found that Appellant was mentally competent to enter his plea, and found that the plea was freely and voluntarily made. (RR2: 7). The Court further found the evidence sufficient to prove Appellant s guilt beyond a reasonable doubt; however, the Court made no finding of guilt and passed the case to another date for further adjudication and punishment. (RR2: 7). There was no discussion during the initial plea hearing regarding Appellant s right to appeal. (RR2: 5-8). At the end of the punishment hearing after Appellant was sentenced, the trial court admonished Appellant that he had a right to appeal. (RR3: 62). A defendant in Texas has a statutory right to appeal his conviction. TEX. CODE CRIM. PROC. art A defendant may waive this right, if the waiver is executed voluntarily, knowingly, and intelligently. Ex parte Broadway, 301 S.W.3d 694, 697 (Tex. Crim. App. 2009) (citing TEX. CODE CRIM. PROC. art. 1.14; Monreal v. State, 99 S.W.3d 615, 617 (Tex. Crim. App. 2003)). However, where a waiver of the right to appeal is entered prior to adjudication and sentencing, has not been bargained for, and the precise 3

9 terms of punishment are uncertain, the waiver is not considered voluntarily, knowingly, and intelligently made and is void. Ex parte Delaney, 207 S.W.3d 794, (Tex. Crim. App. 2006). It is only if some form of bargain is made between the State and the defendant, in exchange for the plea, that the waiver may be upheld. Broadway, 301 S.W.3d at (finding that the State gave consideration by consenting to join in a defendant s waiver of a jury trial). Here, the only evidence in the record that Appellant waived his right to appeal is the box checked on the form entitled Plea Agreement; however, this form was executed before Appellant was found guilty and sentenced. Indeed, the record shows that the State introduced the executed document into evidence during the initial plea hearing before the court accepted Appellant s plea, before the trial court found Appellant guilty, and before Appellant testified and requested that the trial court assess probation. There is no evidence in the record that Appellant did not want to appeal and after sentencing, the trial court admonished Appellant that he had the right to appeal. Accordingly, any waiver of the right to appeal is not valid under these circumstances. Plea proceedings. The record in this case clearly reflects that Appellant entered an open plea of guilty to the indictment. (RR2: 5-7). The indictment for serious bodily injury to a child contained all of the elements of the offense as proscribed by TEX. PENAL CODE 22.04(a)(1). This indictment conferred jurisdiction upon the trial court. TEX. CONST. art. V, 12; Studer v. State, 799 S.W.2d 263, 273 (Tex. Crim. App. 1989). No complaint, 4

10 either in the form of an objection or a motion, was made to this indictment; hence nothing is presented for appellate review. TEX. CODE CRIM. PROC. art. 1.14(b). The undersigned attorney has searched the record for any pretrial motions which might support a point of error. Appellant s initial attorney 1 filed several pretrial motions, including a motion for an investigator. (CR: 18-59). The motion for an investigator was granted; however, there is no indication in the record that any of the other motions were presented to the trial court for a ruling. (CR: 18-19, 20-22, 23-32, 33-34, 35-36, 37-39, 40-41, 42-43, 44-45, 46-47, 48-50, 51-53, 54-57, 58-59). Thus, there is nothing presented for appellate review. Appellant properly waived his right to a jury trial in accordance with the terms of TEX. CODE CRIM. PROC. art The waiver was signed by all parties, and received the consent and approval of the trial court, as required by Art (RR2: 6; RR3: 5; CR: 63-65). Prior to accepting Appellant's plea, the court inquired as to the voluntariness of the plea and Appellant's understanding of the consequences of his plea. (RR2: 5-7; CR: 65). Appellant entered his plea freely and voluntarily. (RR2: 7). The trial court inquired as to Appellant's competency and found that Appellant was competent to enter his plea. (RR2: 7; RR3: 61-62; CR: 65). After a complete review of the record, the undersigned attorney 1 Appellant was arrested and charged with the offense on July 23, (CR: 7-8). On that same day, Attorney Catherine Bernhard was appointed to represent him. (CR: 12, 60). At some point, Appellant retained trial attorney Calvin Johnson. (CR: 9). 5

11 is satisfied that Appellant was competent to enter his plea and that this plea was made both freely and voluntarily. TEX. CODE CRIM. PROC. art (b). The record contains written admonishments in accordance with the terms of TEX. CODE CRIM. PROC. art (CR: 63-65). These admonishments were signed by Appellant. (CR: 65). Additionally, Appellant was orally admonished by the trial court; those admonishments were in substantial compliance with Article (RR2: 5-6). The undersigned attorney is satisfied that, in the case at bar, these admonishments were sufficient to substantially comply with Art The State introduced evidence sufficient to substantiate Appellant's plea of guilty. TEX. CODE CRIM. PROC. art Appellant signed a judicial confession and a stipulation of evidence which was introduced as State's Exhibit 1. (RR2: 7; CR: 64-66). The judicial confession, standing alone, is sufficient evidence to support Appellant's conviction. Dinnery v. State, 592 S.W.2d 343, 353 (Tex. Crim. App. 1979); Cevalles v. State, 513 S.W.2d 865, 866 (Tex. Crim. App. 1974); Davenport v. State, 858 S.W.2d 1, 3 (Tex. App. Dallas 1993, no pet.). Appellant also testified during the open plea hearing and admitted having committed the offense. (RR3: 11-26). The undersigned attorney has reviewed the record to determine if any objections were made on Appellant's behalf which would support an issue on appeal. No objections were made. Nor does the record reflect any opportunity where a proper objection could have been interposed on Appellant's behalf. 6

12 The undersigned attorney has reviewed the performance of trial counsel. The record reflects that Appellant received reasonably effective assistance of trial counsel, based on the standards of Strickland v. Washington, 466 U.S. 668 (1984) and Hernandez v. State, 726 S.W.2d 53, 55 (Tex. Crim. App. 1986). The punishment assessed is within the range established by the Legislature, and, as such, does not violate the constitutional prohibitions against cruel and unusual punishment under either U.S. CONST. art. VIII or TEX. CONST. art. I, 13; Harris v. State, 656 S.W.2d 481, 486 (Tex. Crim. App. 1983). Nor does the undersigned attorney discern anything in the record to suggest that the punishment assessed is grossly disproportionate to the crime. See Harmelin v. Michigan, 501 U.S. 957, 111 S. Ct. 2680, 115 L.Ed.2d 836 (1991). Additionally, no objection was made to the punishment assessed at trial. In the undersigned attorney's professional opinion, Appellant received a fair trial free from reversible error. 7

13 CONCLUSION After full review of the record, the undersigned attorney is of the opinion that the appeal in this cause is frivolous and without merit. Respectfully submitted Lynn Richardson Chief Public Defender Kathleen A. Walsh Assistant Public Defender State Bar No Frank Crowley Courts Building 133 N. Riverfront Blvd., LB-2 Dallas, TX (214) (telephone) (214) (fax) CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing brief was served on the Dallas County Criminal District Attorney s Office (Appellate Division), 133 N. Riverfront Blvd., LB-19, 10th Floor, Dallas, Texas, 75207, by hand delivery on the 20th day of March, 2012 and by to Michael Casillas, Assistant District Attorney, Chief of the Appellate Division. Kathleen A. Walsh 8

NO. 05-10-01117-CR IN THE COURT OF APPEALS FIFTH DISTRICT OF TEXAS DALLAS, TEXAS. ********************** COREY TERRELL GARDNER, Appellant v.

NO. 05-10-01117-CR IN THE COURT OF APPEALS FIFTH DISTRICT OF TEXAS DALLAS, TEXAS. ********************** COREY TERRELL GARDNER, Appellant v. NO. 05-10-01117-CR IN THE COURT OF APPEALS FIFTH DISTRICT OF TEXAS DALLAS, TEXAS COREY TERRELL GARDNER, Appellant v. THE STATE OF TEXAS, Appellee Appeal from the Criminal District Court No. 2 Dallas County,

More information

MARK PEREZ, APPELLANT THE STATE OF TEXAS, APPELLEE STATE S BRIEF

MARK PEREZ, APPELLANT THE STATE OF TEXAS, APPELLEE STATE S BRIEF Nos. 05-11-01575-CR and 05-11-01576-CR The State Waives Oral Argument 5th Court of Appeals FILED: 06/04/2012 14:00 Lisa Matz, Clerk IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS MARK

More information

ROBERT REY GARZA, Appellant. THE STATE OF TEXAS, Appellee APPELLANT'S BRIEF

ROBERT REY GARZA, Appellant. THE STATE OF TEXAS, Appellee APPELLANT'S BRIEF IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS, TEXAS ROBERT REY GARZA, Appellant vs. THE STATE OF TEXAS, Appellee On appeal from the Criminal District Court No. 6 of Dallas County,

More information

No. 05-10-01016-CR IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS. FRED ANDERSON, Appellant. THE STATE OF TEXAS, Appellee

No. 05-10-01016-CR IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS. FRED ANDERSON, Appellant. THE STATE OF TEXAS, Appellee No. 05-10-01016-CR IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS FRED ANDERSON, Appellant v. THE STATE OF TEXAS, Appellee On Appeal from Criminal District Court No. 5 of Dallas County,

More information

STATE'S RESPONSE BRIEF

STATE'S RESPONSE BRIEF IN THE COURT OF APPEALS FOR THE FIFTH COURT OF APPEALS DISTRICT RANDY ERIC WORSHAM, APPELLANT NO. 05-10-01017-CR V. THE STATE OF TEXAS, APPELLEE APPEALED FROM CAUSE NUMBER F07-55075 IN THE CRIMINAL DISTRICT

More information

CAUSE NO. THE STATE OF TEXAS IN THE 49th DISTRICT COURT ZAPATA COUNTY, TEXAS

CAUSE NO. THE STATE OF TEXAS IN THE 49th DISTRICT COURT ZAPATA COUNTY, TEXAS CAUSE NO. STATE S EXHIBIT #1 THE STATE OF TEXAS IN THE 49th DISTRICT COURT VS. OF ZAPATA COUNTY, TEXAS PLEA OF GUILTY, ADMONISHMENTS, VOLUNTARY STATEMENTS, WAIVERS, STIPULATION & JUDICIAL CONFESSION (Defendant

More information

No. 05-08-01658-CR IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT DALLAS, TEXAS. LARRY JOHNSON, Appellant. THE STATE OF TEXAS, Appellee

No. 05-08-01658-CR IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT DALLAS, TEXAS. LARRY JOHNSON, Appellant. THE STATE OF TEXAS, Appellee No. 05-08-01658-CR ORAL ARGUMENT REQUESTED IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT DALLAS, TEXAS LARRY JOHNSON, Appellant v. THE STATE OF TEXAS, Appellee ON APPEAL IN CAUSE NO. F07-40147-H FROM

More information

No. 05-12-00111-CR IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS, TEXAS. JANET MARIE VICKERS, Appellant

No. 05-12-00111-CR IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS, TEXAS. JANET MARIE VICKERS, Appellant The State Requests Oral Argument Only If Appellant Argues No. 05-12-00111-CR IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS, TEXAS JANET MARIE VICKERS, Appellant I (J) )> 7 _L> --i N

More information

ALFONSO ARMENDARIZ ZUNIGA, Appellant. THE STATE OF TEXAS, Appellee APPELLANT'S BRIEF

ALFONSO ARMENDARIZ ZUNIGA, Appellant. THE STATE OF TEXAS, Appellee APPELLANT'S BRIEF No. 05-11-00531-CR IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS, TEXAS 5th Court of Appeals FILED: 02/23/2012 14:00 Lisa Matz, Clerk ALFONSO ARMENDARIZ ZUNIGA, Appellant vs. THE STATE

More information

No CR No CR IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS JUAN GABRIEL MOLINA, APPELLANT

No CR No CR IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS JUAN GABRIEL MOLINA, APPELLANT The State requests oral argument only if Appellant argues No. 05-10-00503-CR No. 05-10-00504-CR 5th Court of Appeals FILED: 5/18/1// 14:00 Lisa Matz, Clerk IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT

More information

Fourteenth Court of Appeals

Fourteenth Court of Appeals Affirmed and Opinion filed April 12, 2001. In The Fourteenth Court of Appeals NO. 14-99-00894-CR MYRNA DURON, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 351st District Court Harris County,

More information

In The Court of Appeals Fifth District of Texas at Dallas. No. 05-14-01390-CR. LUIS ANTONIO RIQUIAC QUEUNAY, Appellant V. THE STATE OF TEXAS, Appellee

In The Court of Appeals Fifth District of Texas at Dallas. No. 05-14-01390-CR. LUIS ANTONIO RIQUIAC QUEUNAY, Appellant V. THE STATE OF TEXAS, Appellee AFFIRM; and Opinion Filed June 23, 2015. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-01390-CR LUIS ANTONIO RIQUIAC QUEUNAY, Appellant V. THE STATE OF TEXAS, Appellee On Appeal

More information

NO.05-09-00055-CR IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS. JAMES PAUL DOWNEY, Appellant. THE STATE OF TEXAS, Appellee

NO.05-09-00055-CR IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS. JAMES PAUL DOWNEY, Appellant. THE STATE OF TEXAS, Appellee NO.05-09-00055-CR IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS JAMES PAUL DOWNEY, Appellant v. THE STATE OF TEXAS, Appellee ON APPEAL FROM THE COUNTY CRIMINAL COURT NO.9 OF DALLAS

More information

IN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY. WRITTEN PLEA OF GUILTY AND WAIVER OF RIGHTS (OWI First Offense)

IN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY. WRITTEN PLEA OF GUILTY AND WAIVER OF RIGHTS (OWI First Offense) IN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY THE STATE OF IOWA, Plaintiff, vs. Defendant. CRIMINAL NO. WRITTEN PLEA OF GUILTY AND WAIVER OF RIGHTS (OWI First Offense) COMES NOW the above-named Defendant

More information

DONALD D. SPENCER, JR., Appellant. THE STATE OF TEXAS, Appellee APPELLANT'S BRIEF

DONALD D. SPENCER, JR., Appellant. THE STATE OF TEXAS, Appellee APPELLANT'S BRIEF No. 05-1 0-00890-CR IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS ATDALLAS, TEXAS 5th Court of Appeals FILED: 4/26/11 14:00 Lisa Matz, Clerk DONALD D. SPENCER, JR., Appellant vs. THE STATE OF

More information

COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT. Plaintiff and Respondent, v. Kern County Superior Court

COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT. Plaintiff and Respondent, v. Kern County Superior Court COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff and Respondent, F065134 v. Kern County Superior Court ARMANDO ALVAREZQUINTERO, No. BF132212A

More information

Subchapter 6.600 Criminal Procedure in District Court

Subchapter 6.600 Criminal Procedure in District Court Subchapter 6.600 Criminal Procedure in District Court Rule 6.610 Criminal Procedure Generally (A) Precedence. Criminal cases have precedence over civil actions. (B) Pretrial. The court, on its own initiative

More information

IN THE SUPREME COURT OF THE STATE OF DELAWARE

IN THE SUPREME COURT OF THE STATE OF DELAWARE IN THE SUPREME COURT OF THE STATE OF DELAWARE EDWIN SCARBOROUGH, Defendant Below- Appellant, v. STATE OF DELAWARE, Plaintiff Below- Appellee. No. 38, 2014 Court Below Superior Court of the State of Delaware,

More information

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE DIVISION. UNITED STATES OF AMERICA ) ) ) v. ) No. ) (Judge ) ) )

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE DIVISION. UNITED STATES OF AMERICA ) ) ) v. ) No. ) (Judge ) ) ) UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE DIVISION UNITED STATES OF AMERICA ) ) ) v. ) No. ) (Judge ) ) ) PETITION TO ENTER A PLEA OF GUILTY (Misdemeanor) I,, respectfully represent

More information

A Federal Criminal Case Timeline

A Federal Criminal Case Timeline A Federal Criminal Case Timeline The following timeline is a very broad overview of the progress of a federal felony case. Many variables can change the speed or course of the case, including settlement

More information

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS O P I N I O N

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS O P I N I O N COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS IN THE MATTER OF THE EXPUNCTION OF A.G. O P I N I O N No. 08-12-00174-CV Appeal from 171st District Court of El Paso County, Texas (TC # 2012-DVC02875)

More information

Criminal Justice System Commonly Used Terms & Definitions

Criminal Justice System Commonly Used Terms & Definitions Criminal Justice System Commonly Used Terms & Definitions A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Accused: Acquittal: Adjudication: Admissible Evidence: Affidavit: Alford Doctrine: Appeal:

More information

IN THE MISSOURI COURT OF APPEALS WESTERN DISTRICT

IN THE MISSOURI COURT OF APPEALS WESTERN DISTRICT IN THE MISSOURI COURT OF APPEALS WESTERN DISTRICT STATE OF MISSOURI, v. ROBERT E. WHEELER, Respondent, Appellant. WD76448 OPINION FILED: August 19, 2014 Appeal from the Circuit Court of Caldwell County,

More information

General District Courts

General District Courts General District Courts To Understand Your Visit to Court You Should Know: It is the courts wish that you know your rights and duties. We want every person who comes here to receive fair treatment in accordance

More information

A petty offense is either a violation or a traffic infraction. Such offenses are not crimes.

A petty offense is either a violation or a traffic infraction. Such offenses are not crimes. F REQUENTLY A SKED Q UESTIONS A BOUT T HE C RIMINAL J USTICE S YSTEM WHO IS THE DISTRICT ATTORNEY? The New York State Constitution provides that the District Attorney is a public official elected by the

More information

Information For Defendants About Getting A Court-Appointed Attorney

Information For Defendants About Getting A Court-Appointed Attorney Information For Defendants About Getting A Court-Appointed Attorney If you are charged with a criminal offense and cannot afford to hire an attorney, you are entitled to a court-appointed attorney. May

More information

No. 05-11-00700-CV IN THE FOR THE RAY ROBINSON,

No. 05-11-00700-CV IN THE FOR THE RAY ROBINSON, No. 05-11-00700-CV ACCEPTED 225EFJ016616444 FIFTH COURT OF APPEALS DALLAS, TEXAS 11 November 30 P8:40 Lisa Matz CLERK IN THE COURT OF APPEALS FOR THE FIFTH JUDICIAL DISTRICT DALLAS, TEXAS WELLS FARGO BANK,

More information

IN THE SUPREME COURT OF THE STATE OF DELAWARE

IN THE SUPREME COURT OF THE STATE OF DELAWARE IN THE SUPREME COURT OF THE STATE OF DELAWARE ORLANDO INGRAM, No. 460, 2014 Defendant Below, Appellant, Court Below: Superior Court of the State of Delaware in v. and for Kent County STATE OF DELAWARE,

More information

GUILTY PLEA and PLEA AGREEMENT United States Attorney Northern District of Georgia

GUILTY PLEA and PLEA AGREEMENT United States Attorney Northern District of Georgia Case 1:11-cr-00326-SCJ-JFK Document 119-1 Filed 01/20/12 Page 1 of 16 GUILTY PLEA and PLEA AGREEMENT United States Attorney Northern District of Georgia UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF

More information

In The Court of Appeals Fifth District of Texas at Dallas. No. 05-13-01004-CR. NICOLAS STEPHEN LLOYD, Appellant V. THE STATE OF TEXAS, Appellee

In The Court of Appeals Fifth District of Texas at Dallas. No. 05-13-01004-CR. NICOLAS STEPHEN LLOYD, Appellant V. THE STATE OF TEXAS, Appellee REVERSE and REMAND; and Opinion Filed December 22, 2014. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01004-CR NICOLAS STEPHEN LLOYD, Appellant V. THE STATE OF TEXAS, Appellee

More information

5/21/2010 A NEW OBLIGATION FOR CRIMINAL DEFENSE ATTORNEYS

5/21/2010 A NEW OBLIGATION FOR CRIMINAL DEFENSE ATTORNEYS A NEW OBLIGATION FOR CRIMINAL DEFENSE ATTORNEYS A practicing attorney for over 17 years, Jorge G. Aristotelidis is board certified in criminal law by the Texas Board of Legal Specialization, and is a former

More information

CHAPTER 6: CRIMINAL PROCEDURE MICHIGAN COURT RULES OF 1985

CHAPTER 6: CRIMINAL PROCEDURE MICHIGAN COURT RULES OF 1985 CHAPTER 6: CRIMINAL PROCEDURE MICHIGAN COURT RULES OF 1985 Subchapter 6.000 General Provisions Rule 6.001 Scope; Applicability of Civil Rules; Superseded Rules and Statutes (A) Felony Cases. The rules

More information

IN THE SUPREME COURT OF THE STATE OF DELAWARE

IN THE SUPREME COURT OF THE STATE OF DELAWARE IN THE SUPREME COURT OF THE STATE OF DELAWARE KEVIN D. TALLEY, Defendant-Below No. 172, 2003 Appellant, v. Cr. ID No. 0108005719 STATE OF DELAWARE, Court Below: Superior Court of the State of Delaware,

More information

Name: State Bar number: Telephone: Fax: Full time SF office address: Mailing address (if different):

Name: State Bar number: Telephone: Fax: Full time SF office address: Mailing address (if different): Lawyer Referral and Information Service 301 Battery Street, Third Floor San Francisco, CA 94111 Telephone: (415) 477-2374 Fax: (415) 477-2389 URL: www.sfbar.org APPLICATION FOR JUVENILE DELINQUENCY LAW

More information

INEFFECTIVE ASSISTANCE OF COUNSEL/ATTORNEY ETHICS

INEFFECTIVE ASSISTANCE OF COUNSEL/ATTORNEY ETHICS INEFFECTIVE ASSISTANCE OF COUNSEL/ATTORNEY ETHICS Prepared and presented by: Wm. Reagan Wynn Kearney & Westfall 120 W. 3rd St., Suite 300 Fort Worth, TX 76102 817/336-5600 FAX: 817/336-5610 I. Standard

More information

IN THE COURT OF APPEALS OF THE STATE OF IDAHO. Docket No. 40618 ) ) ) ) ) ) ) ) ) )

IN THE COURT OF APPEALS OF THE STATE OF IDAHO. Docket No. 40618 ) ) ) ) ) ) ) ) ) ) IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 40618 LARRY DEAN CORWIN, Petitioner-Appellant, v. STATE OF IDAHO, Respondent. 2014 Unpublished Opinion No. 386 Filed: February 20, 2014 Stephen

More information

COURT OF COMMON PLEAS, BELMONT COUNTY, OHIO. State of Ohio, ) ) Plaintiff ) ) CASE NO.: vs. ) ) DRUG COURT PLEA, ) ) Defendant )

COURT OF COMMON PLEAS, BELMONT COUNTY, OHIO. State of Ohio, ) ) Plaintiff ) ) CASE NO.: vs. ) ) DRUG COURT PLEA, ) ) Defendant ) COURT OF COMMON PLEAS, BELMONT COUNTY, OHIO State of Ohio, ) ) Plaintiff ) ) CASE NO.: vs. ) ) DRUG COURT PLEA, ) ) Defendant ) I,, being before the Court this day and with my counsel, Attorney, represent

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: MARCH 14, 2008; 2:00 P.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2007-CA-001304-MR DONALD T. CHRISTY APPELLANT v. APPEAL FROM MASON CIRCUIT COURT HONORABLE STOCKTON

More information

Cause. IN THE CRIMINAL DISTRICT In re Joey CHARBONNEAU COURT No. 2, DALLAS COUNTY, TEXAS APPLICATION FOR WRIT OF HABEAS CORPUS

Cause. IN THE CRIMINAL DISTRICT In re Joey CHARBONNEAU COURT No. 2, DALLAS COUNTY, TEXAS APPLICATION FOR WRIT OF HABEAS CORPUS Cause IN THE CRIMINAL DISTRICT In re Joey CHARBONNEAU COURT No. 2, DALLAS COUNTY, TEXAS APPLICATION FOR WRIT OF HABEAS CORPUS TO THE HONORABLE JUDGE OF SAID COURT: Applicant, defendant in cause numbers

More information

DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS

DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS This pamphlet has been provided to help you better understand the federal

More information

The Circuit Court. Judges and Clerks. Jurisdiction

The Circuit Court. Judges and Clerks. Jurisdiction The Circuit Court The circuit court is the trial court of general jurisdiction in Virginia, and the court has authority to try a full range of both civil and criminal cases. Civil cases involve disputes

More information

Magistrate Court. Traffic and Criminal Misdemeanor Cases A GUIDE FOR WORKING WITH YOUR LOCAL COURT. Fourth Judicial District of Kansas

Magistrate Court. Traffic and Criminal Misdemeanor Cases A GUIDE FOR WORKING WITH YOUR LOCAL COURT. Fourth Judicial District of Kansas 4 th Judicial District Court of Kansas Magistrate Court Traffic and Criminal Misdemeanor Cases A GUIDE FOR WORKING WITH YOUR LOCAL COURT Fourth Judicial District of Kansas Anderson County Coffey County

More information

STATE OF ARIZONA, Appellee, ROY MATTHEW SOVINE, Appellant. No. 1 CA-CR 14-0094

STATE OF ARIZONA, Appellee, ROY MATTHEW SOVINE, Appellant. No. 1 CA-CR 14-0094 NOTICE: NOT FOR PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED. IN THE ARIZONA COURT OF APPEALS DIVISION

More information

APPLICATION FOR CRIMINAL LAW PANELS. State Bar number: Telephone: Fax: Full time SF office address: Mailing address (if different):

APPLICATION FOR CRIMINAL LAW PANELS. State Bar number: Telephone: Fax: Full time SF office address: Mailing address (if different): APPLICATION F CRIMINAL LAW PANELS Lawyer Referral and Information Service 301 Battery Street, 3rd Floor San Francisco, CA 94111 Telephone: (415) 477-2374 Fax: (415) 477-2389 URL: http://www.sfbar.org Name:

More information

The N.C. State Bar v. Wood NO. COA10-463. (Filed 1 February 2011) 1. Attorneys disciplinary action convicted of criminal offense

The N.C. State Bar v. Wood NO. COA10-463. (Filed 1 February 2011) 1. Attorneys disciplinary action convicted of criminal offense The N.C. State Bar v. Wood NO. COA10-463 (Filed 1 February 2011) 1. Attorneys disciplinary action convicted of criminal offense The North Carolina State Bar Disciplinary Hearing Commission did not err

More information

VS. IN THE SUPREME COURT OF THE STATE OF MISSISSIPPI NO.2009-CA-1922 APPELLEE STATE OF MISSISSIPPI BRIEF FOR THE APPELLEE

VS. IN THE SUPREME COURT OF THE STATE OF MISSISSIPPI NO.2009-CA-1922 APPELLEE STATE OF MISSISSIPPI BRIEF FOR THE APPELLEE IN THE SUPREME COURT OF THE STATE OF MISSISSIPPI HAROLD Z. EUBANKS APPELLANT VS. NO.2009-CA-1922 STATE OF MISSISSIPPI APPELLEE BRIEF FOR THE APPELLEE APPELLEE DOES NOT REQUEST ORAL ARGUMENT JIM HOOD, ATTORNEY

More information

Effective January 1, 2013. An attorney appointed as lead trial counsel in the trial of a death penalty case must:

Effective January 1, 2013. An attorney appointed as lead trial counsel in the trial of a death penalty case must: STANDARDS FOR QUALIFICATION OF ATTORNEYS FOR APPOINTMENT TO DEATH PENALTY CASES PURSUANT TO ARTICLE 26.052, TEXAS CODE OF CRIMINAL PROCEDURE, FOR THE THIRD ADMINISTRATIVE JUDICIAL REGION LEAD TRIAL COUNSEL

More information

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014).

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014). This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014). STATE OF MINNESOTA IN COURT OF APPEALS A15-0415 State of Minnesota, Respondent, vs. Shannon

More information

FILED December 8, 2015 Carla Bender 4 th District Appellate Court, IL

FILED December 8, 2015 Carla Bender 4 th District Appellate Court, IL NOTICE This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e(1. 2015 IL App (4th 130903-U NO. 4-13-0903

More information

Adult Probation: Terms, Conditions and Revocation

Adult Probation: Terms, Conditions and Revocation Adult Probation: Terms, Conditions and Revocation Mandatory Conditions of Community Supervision Restitution Mandatory that it be pronounced at sentencing Sauceda v. State, 309 S.W. 3 rd 767 (Amarillo Ct

More information

IN THE COURT OF APPEALS OF THE STATE OF IDAHO. Docket No. 41952 ) ) ) ) ) ) ) ) ) )

IN THE COURT OF APPEALS OF THE STATE OF IDAHO. Docket No. 41952 ) ) ) ) ) ) ) ) ) ) IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 41952 MICHAEL T. HAYES, Petitioner-Appellant, v. STATE OF IDAHO, Respondent. 2015 Unpublished Opinion No. 634 Filed: September 16, 2015 Stephen

More information

GETTING TO KNOW THE CRIMINAL JUSTICE SYSTEM

GETTING TO KNOW THE CRIMINAL JUSTICE SYSTEM Patricia A. DeAngelis District Attorney GETTING TO KNOW THE CRIMINAL JUSTICE SYSTEM AN OFFENSE IS COMMITTED There are three types of offenses that can be committed in New York State: VIOLATION MISDEMEANOR

More information

Information for Crime Victims and Witnesses

Information for Crime Victims and Witnesses Office of the Attorney General Information for Crime Victims and Witnesses MARCH 2009 LAWRENCE WASDEN Attorney General Criminal Law Division Special Prosecutions Unit Telephone: (208) 332-3096 Fax: (208)

More information

FIRST OFFENDER DRUG PROGRAM

FIRST OFFENDER DRUG PROGRAM Table of Contents 1. Program Information...... 2 2. Program Eligibility List...3 3. Program Entry Process...4 4. Court Contact Information..5 5. Sample of Felony Supplemental Plea Agreement....6 6. Sample

More information

DISTRICT II. You are hereby notified that the Court has entered the following opinion and order:

DISTRICT II. You are hereby notified that the Court has entered the following opinion and order: OFFICE OF THE CLERK WISCONSIN COURT OF APPEALS 110 EAST MAIN STREET, SUITE 215 P.O. BOX 1688 MADISON, WISCONSIN 53701-1688 Telephone (608) 266-1880 TTY: (800) 947-3529 Facsimile (608) 267-0640 Web Site:

More information

CAPITAL MURDER DEFENSE COURSE PART I TRIAL OF A CAPITAL MURDER CASE TEXAS CRIMINAL DEFENSE LAWYERS PROJECT SOUTH TEXAS COLLEGE OF LAW HOUSTON, TEXAS

CAPITAL MURDER DEFENSE COURSE PART I TRIAL OF A CAPITAL MURDER CASE TEXAS CRIMINAL DEFENSE LAWYERS PROJECT SOUTH TEXAS COLLEGE OF LAW HOUSTON, TEXAS CAPITAL MURDER DEFENSE COURSE PART I TRIAL OF A CAPITAL MURDER CASE TEXAS CRIMINAL DEFENSE LAWYERS PROJECT SOUTH TEXAS COLLEGE OF LAW HOUSTON, TEXAS JULY 25-26, 1996 Mark Stevens 310 S. St. Mary's Street,

More information

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 07-425

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 07-425 STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 07-425 STATE OF LOUISIANA VERSUS RITA SENSAT ********** APPEAL FROM THE FOURTEENTH JUDICIAL DISTRICT COURT PARISH OF CALCASIEU, NO. 18,062-06 HONORABLE

More information

Application For Misdemeanor Court-Appointments

Application For Misdemeanor Court-Appointments Application For Misdemeanor Court-Appointments May 1, 2007 Full legal name: Birth month: Texas Bar card #: Date licensed to practice law in Texas: Principle office physical address (not a post office box):

More information

In The Court of Appeals Fifth District of Texas at Dallas. No. 05-13-01645-CV

In The Court of Appeals Fifth District of Texas at Dallas. No. 05-13-01645-CV Reverse and Render; Opinion filed December 22, 2014. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01645-CV THE COLLIN COUNTY DISTRICT ATTORNEY S OFFICE, Appellant V. HAYDEN SELBY

More information

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-14-00020-CR EX PARTE DIMAS ROJAS MARTINEZ ---------- FROM CRIMINAL DISTRICT COURT NO. 1 OF TARRANT COUNTY ---------- MEMORANDUM OPINION 1 ----------

More information

BEXAR COUNTY CRIMINAL DISTRICT COURTS PLAN STANDARDS AND PROCEDURES RELATED TO APPOINTMENT OF COUNSEL FOR INDIGENT DEFENDANTS

BEXAR COUNTY CRIMINAL DISTRICT COURTS PLAN STANDARDS AND PROCEDURES RELATED TO APPOINTMENT OF COUNSEL FOR INDIGENT DEFENDANTS BEXAR COUNTY CRIMINAL DISTRICT COURTS PLAN STANDARDS AND PROCEDURES RELATED TO APPOINTMENT OF COUNSEL FOR INDIGENT DEFENDANTS The following Local Rules replace the current local rules, Part 5, Section

More information

MICHIGAN APPELLATE ASSIGNED COUNSEL SYSTEM (MAACS) BASIC INFORMATION SHEET

MICHIGAN APPELLATE ASSIGNED COUNSEL SYSTEM (MAACS) BASIC INFORMATION SHEET MICHIGAN APPELLATE ASSIGNED COUNSEL SYSTEM (MAACS) BASIC INFORMATION SHEET NOTICE: Pursuant to MCL 780.712; MSA 28.114(102), lawyers wishing to receive appellate assignments from any circuit court must

More information

Chapter 13 Procedure (Last Updated: May 13, 2013) Chapter 13.A Speedy Trial Chapter 13.B Recorded Interrogations

Chapter 13 Procedure (Last Updated: May 13, 2013) Chapter 13.A Speedy Trial Chapter 13.B Recorded Interrogations Chapter 13 Procedure (Last Updated: May 13, 2013) Chapter 13.A Speedy Trial Chapter 13.B Recorded Interrogations Chapter 13.A Procedure Speedy Trial (Last Updated: May 13, 2013) 29-1207. Trial within six

More information

Cite as Jackson v. Wickline, 153 Ohio App.3d 743, 2003-Ohio- 4354. 1 IN THE COURT OF APPEALS OF OHIO FOURTH APPELLATE DISTRICT JACKSON COUNTY

Cite as Jackson v. Wickline, 153 Ohio App.3d 743, 2003-Ohio- 4354. 1 IN THE COURT OF APPEALS OF OHIO FOURTH APPELLATE DISTRICT JACKSON COUNTY Cite as Jackson v. Wickline, 153 Ohio App.3d 743, 2003-Ohio- 4354. 1 IN THE COURT OF APPEALS OF OHIO FOURTH APPELLATE DISTRICT JACKSON COUNTY CITY OF JACKSON, : : APPELLEE, : : Case No. 02CA8 v. : : DECISION

More information

United States Court of Appeals For the Eighth Circuit

United States Court of Appeals For the Eighth Circuit United States Court of Appeals For the Eighth Circuit No. 14-3137 United States of America lllllllllllllllllllll Plaintiff - Appellee v. Lacresia Joy White lllllllllllllllllllll Defendant - Appellant Appeal

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: JANUARY 15, 2010; 10:00 A.M. TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2008-CA-000763-MR COMMONWEALTH OF KENTUCKY APPELLANT APPEAL FROM JEFFERSON CIRCUIT COURT v. HONORABLE

More information

C RIMINAL LAW O V E RVIEW OF T H E T E XAS C RIMINAL J USTICE P ROCESS

C RIMINAL LAW O V E RVIEW OF T H E T E XAS C RIMINAL J USTICE P ROCESS T E X A S Y O U N G L A W Y E R S A S S O C I A T I O N A N D S T A T E B A R O F T E X A S C RIMINAL LAW 1 0 1 : O V E RVIEW OF T H E T E XAS C RIMINAL J USTICE P ROCESS A C RIMINAL LAW 1 0 1 Prepared

More information

IN THE DISTRICT COURT IN AND FOR TULSA COUNTY STATE OF OKLAHOMA STATE OF OKLAHOMA,

IN THE DISTRICT COURT IN AND FOR TULSA COUNTY STATE OF OKLAHOMA STATE OF OKLAHOMA, IN THE DISTRICT COURT IN AND FOR TULSA COUNTY STATE OF OKLAHOMA STATE OF OKLAHOMA, Plaintiff, v. Case No. CF-2008-1601 Judge William Kellough RODNEY EUGENE DORSEY, Defendant. BRIEF CONCERNING REQUEST FOR

More information

Morgan County Prosecuting Attorney Debra MH McLaughlin

Morgan County Prosecuting Attorney Debra MH McLaughlin Morgan County Prosecuting Attorney Debra MH McLaughlin Directions: From Fairfax Street Entrance, Enter Main Door, turn Right through door, up the narrow staircase. Office is at top of steps. (Old Circuit

More information

In The Court of Appeals Fifth District of Texas at Dallas. No. 05-12-01186-CR. LAURA SANDERS, Appellant V. THE STATE OF TEXAS, Appellee

In The Court of Appeals Fifth District of Texas at Dallas. No. 05-12-01186-CR. LAURA SANDERS, Appellant V. THE STATE OF TEXAS, Appellee ABATE and REMAND; and Opinion Filed February 4, 2014. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-01186-CR LAURA SANDERS, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from

More information

NOT FINAL UNTIL TIME EXPIRES FOR REHEARING AND, IF FILED, DETERMINED

NOT FINAL UNTIL TIME EXPIRES FOR REHEARING AND, IF FILED, DETERMINED County Criminal Court: CRIMINAL LAW Probation - Trial court erred in denying motion to discharge. Trial court was without jurisdiction to sentence Appellant for violating his one year term of probation

More information

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2010).

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2010). This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2010). STATE OF MINNESOTA IN COURT OF APPEALS A10-1742 State of Minnesota, Respondent, vs. Nicholas

More information

2015 IL App (3d) 121065-U. Order filed February 26, 2015 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2015

2015 IL App (3d) 121065-U. Order filed February 26, 2015 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2015 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e(1. 2015 IL App (3d 121065-U Order filed

More information

LEGAL MALPRACTICE AND THE CRIMINAL DEFENSE ATTORNEY By Peter L. Ostermiller

LEGAL MALPRACTICE AND THE CRIMINAL DEFENSE ATTORNEY By Peter L. Ostermiller LEGAL MALPRACTICE AND THE CRIMINAL DEFENSE ATTORNEY By Peter L. Ostermiller Occasionally, a defendant, while incarcerated and apparently having nothing better to do, will file a Motion under RCr. 11.42,

More information

Application Process for Juvenile Court Appointments

Application Process for Juvenile Court Appointments Application Process for Juvenile Court Appointments Applications are accepted once per year December 1 thru December 31 and can only be submitted during this time period. An attorney who is seeking approval

More information

2015 IL App (1st) 140740-U. No. 1-14-0740 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

2015 IL App (1st) 140740-U. No. 1-14-0740 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT 2015 IL App (1st) 140740-U FIRST DIVISION October 5, 2015 No. 1-14-0740 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances

More information

Fourth Court of Appeals San Antonio, Texas

Fourth Court of Appeals San Antonio, Texas Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00792-CV Richard LARES, Appellant v. Martha FLORES, Appellee From the 45th Judicial District Court, Bexar County, Texas Trial Court

More information

Criminal Justice 101 (Part II) Grand Jury, Trial, & Sentencing. The Charging Decision. Grand Jury 5/22/2014. Misdemeanors v.

Criminal Justice 101 (Part II) Grand Jury, Trial, & Sentencing. The Charging Decision. Grand Jury 5/22/2014. Misdemeanors v. Criminal Justice 101 (Part II) Grand Jury, Trial, & Sentencing Presented at: Office of the Attorney General 2014 Texas Crime Victim s Services Conference Transformations: Building Community Networks Grand

More information

FIFTH ADMINISTRATIVE JUDICIAL REGION OF TEXAS

FIFTH ADMINISTRATIVE JUDICIAL REGION OF TEXAS FIFTH ADMINISTRATIVE JUDICIAL REGION OF TEXAS STANDARDS AND RULES FOR QUALIFICATION OF ATTORNEYS FOR APPOINTMENT TO DEATH PENALTY CASES PURSUANT TO ARTICLE 26.052, TEXAS CODE OF CRIMINAL PROCEDURE The

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: MAY 2, 2014; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2012-CA-000371-MR GREGORY JERMAIN LANGLEY APPELLANT APPEAL FROM HENDERSON CIRCUIT COURT v. HONORABLE

More information

Case 1:05-cr-10037-GAO Document 459 Filed 09/24/14 Page 1 of 6 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS CRIMINAL NO.

Case 1:05-cr-10037-GAO Document 459 Filed 09/24/14 Page 1 of 6 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS CRIMINAL NO. Case 1:05-cr-10037-GAO Document 459 Filed 09/24/14 Page 1 of 6 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS CRIMINAL NO. 05-10037-GAO-1 UNITED STATES OF AMERICA v. GRANT BOYD, Defendant. O TOOLE,

More information

THE FIFTH ADMINISTRATIVE JUDICIAL REGION OF TEXAS

THE FIFTH ADMINISTRATIVE JUDICIAL REGION OF TEXAS THE FIFTH ADMINISTRATIVE JUDICIAL REGION OF TEXAS APPLICATION FOR APPROVAL AS QUALIFIED COUNSEL IN DEATH PENALTY CASES To be filled in by Region only: Application No. - Received on: By: I,, State Bar Card

More information

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs November 04, 2014

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs November 04, 2014 IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs November 04, 2014 WILLIAM NEWSON v. STATE OF TENNESSEE Appeal from the Circuit Court for Madison County No. C13358 Roy B. Morgan,

More information

A Victim s Guide to the Capital Case Process

A Victim s Guide to the Capital Case Process A Victim s Guide to the Capital Case Process Office of Victims Services California Attorney General s Office A Victim s Guide to the Capital Case Process Office of Victims Services California Attorney

More information

Fourth Court of Appeals San Antonio, Texas

Fourth Court of Appeals San Antonio, Texas Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00509-CR Glenn JOHNSON, Appellant v. The State of The STATE of Texas, Appellee From the 226th Judicial District Court, Bexar County,

More information

I N T H E COURT OF APPEALS OF INDIANA

I N T H E COURT OF APPEALS OF INDIANA MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res

More information

Maricopa County Attorney s Office Adult Criminal Case Process

Maricopa County Attorney s Office Adult Criminal Case Process The following is a brief description of the process to prosecute an adult accused of committing a felony offense. Most misdemeanor offenses are handled by municipal prosecutors; cases involving minors

More information

NC General Statutes - Chapter 15A Article 17 1

NC General Statutes - Chapter 15A Article 17 1 SUBCHAPTER III. CRIMINAL PROCESS. Article 17. Criminal Process. 15A-301. Criminal process generally. (a) Formal Requirements. (1) A record of each criminal process issued in the trial division of the General

More information

STATE'S RESPONSE BRIEF

STATE'S RESPONSE BRIEF IN THE FIFTH COURT OF APPEALS DALLAS, TEXAS RONALD OSWALDO ESPEJO, APPELLANT NO. 05-10-00684-CR V. THE STATE OF TEXAS, APPELLEE APPEALED FROM CAUSE NUMBER F08-23438-K IN THE JUDICIAL DISTRICT COURT #4

More information

2015 IL App (1st) 133050-U. No. 1-13-3050 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

2015 IL App (1st) 133050-U. No. 1-13-3050 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT 2015 IL App (1st) 133050-U FIFTH DIVISION September 30, 2015 No. 1-13-3050 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited

More information

RULES OF SUPREME COURT OF VIRGINIA PART THREE A CRIMINAL PRACTICE AND PROCEDURE APPENDIX

RULES OF SUPREME COURT OF VIRGINIA PART THREE A CRIMINAL PRACTICE AND PROCEDURE APPENDIX RULES OF SUPREME COURT OF VIRGINIA PART THREE A CRIMINAL PRACTICE AND PROCEDURE APPENDIX Form 6. Suggested Questions to Be Put by the Court to an Accused Who Has Pleaded Guilty (Rule 3A:8). Before accepting

More information

Decades of Successful Sex Crimes Defense Contact the Innocence Legal Team Now

Decades of Successful Sex Crimes Defense Contact the Innocence Legal Team Now Criminal Court Felonies The U.S. has the highest rate of felony conviction and imprisonment of any industrialized nation. A felony crime is more serious than a misdemeanor, but the same offense can be

More information

HOW A TYPICAL CRIMINAL CASE IS PROSECUTED IN ALASKA

HOW A TYPICAL CRIMINAL CASE IS PROSECUTED IN ALASKA HOW A TYPICAL CRIMINAL CASE IS PROSECUTED IN ALASKA The Office of Victims Rights receives many inquiries from victims about how a criminal case in Alaska is investigated by police and then prosecuted by

More information

CIVIL APPEALS PAMPHLET PRO BONO PROJECT FOR THE SPONSORED AND ADMINISTERED BY THE PRO BONO COMMITTEES FOR THE STATE BAR OF TEXAS APPELLATE SECTION

CIVIL APPEALS PAMPHLET PRO BONO PROJECT FOR THE SPONSORED AND ADMINISTERED BY THE PRO BONO COMMITTEES FOR THE STATE BAR OF TEXAS APPELLATE SECTION CIVIL APPEALS PAMPHLET FOR THE PRO BONO PROJECT SPONSORED AND ADMINISTERED BY THE PRO BONO COMMITTEES FOR THE STATE BAR OF TEXAS APPELLATE SECTION AND THE HOUSTON BAR ASSOCIATION APPELLATE SECTION IN THE

More information

NO. 05-10-01162-CV IN THE COURT OF APPEALS FOR THE FIFTH JUDICIAL DISTRICT OF TEXAS AT DALLAS, TEXAS. MELVIN J. KLEIN and OSNAT KLEIN, Appellants,

NO. 05-10-01162-CV IN THE COURT OF APPEALS FOR THE FIFTH JUDICIAL DISTRICT OF TEXAS AT DALLAS, TEXAS. MELVIN J. KLEIN and OSNAT KLEIN, Appellants, NO. 05-10-01162-CV ORAL ARGUMENT REQUESTED IN THE COURT OF APPEALS FOR THE FIFTH JUDICIAL DISTRICT OF TEXAS AT DALLAS, TEXAS MELVIN J. KLEIN and OSNAT KLEIN, Appellants, v. DALLAS CENTRAL APPRAISAL DISTRICT

More information

SUPERIOR COURT KENT COUNTY CRIMINAL CASE MANAGEMENT PLAN

SUPERIOR COURT KENT COUNTY CRIMINAL CASE MANAGEMENT PLAN SUPERIOR COURT KENT COUNTY CRIMINAL CASE MANAGEMENT PLAN The following Plan is adopted by the Superior Court of the State of Delaware in order to ensure the orderly and prompt disposition of criminal cases

More information

Case 4:12-cr-00141-WTM-GRS Document 153 Filed 06/17/13 Page 1 of 10 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION

Case 4:12-cr-00141-WTM-GRS Document 153 Filed 06/17/13 Page 1 of 10 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION a / Case 4:12-cr-00141-WTM-GRS Document 153 Filed 06/17/13 Page 1 of 10 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION minimum mandatory No 5K1.1 No 35(b)No Appeal Waiver No

More information

RENDERED: May 7, 1999; 10:00 a.m. NOT TO BE PUBLISHED NO. 1997-CA-002339-MR COMMONWEALTH OF KENTUCKY OPINION AFFIRMING ** ** ** ** **

RENDERED: May 7, 1999; 10:00 a.m. NOT TO BE PUBLISHED NO. 1997-CA-002339-MR COMMONWEALTH OF KENTUCKY OPINION AFFIRMING ** ** ** ** ** RENDERED: May 7, 1999; 10:00 a.m. NOT TO BE PUBLISHED C ommonwealth Of K entucky Court Of A ppeals NO. 1997-CA-002339-MR JOHN BRENTON PRESTON APPELLANT APPEAL FROM JOHNSON CIRCUIT COURT v. HONORABLE STEPHEN

More information

Title 15 CRIMINAL PROCEDURE -Chapter 23 ALABAMA CRIME VICTIMS Article 3 Crime Victims' Rights

Title 15 CRIMINAL PROCEDURE -Chapter 23 ALABAMA CRIME VICTIMS Article 3 Crime Victims' Rights Section 15-23-60 Definitions. As used in this article, the following words shall have the following meanings: (1) ACCUSED. A person who has been arrested for committing a criminal offense and who is held

More information

IN THE SUPREME COURT OF MISSISSIPPI NO. 2010-IA-02028-SCT

IN THE SUPREME COURT OF MISSISSIPPI NO. 2010-IA-02028-SCT IN THE SUPREME COURT OF MISSISSIPPI NO. 2010-IA-02028-SCT RENE C. LEVARIO v. STATE OF MISSISSIPPI DATE OF JUDGMENT: 11/23/2010 TRIAL JUDGE: HON. ROBERT P. KREBS COURT FROM WHICH APPEALED: JACKSON COUNTY

More information