State v. Chen, 14-19-00372-CR, 14-19-00373-CR (Tex. App. – Houston [14th Dist.] Dec. 31, 2020)

Posted on March 29, 2021 by pdo-admin

The Fourteenth District held that the electronic communications harassment statute in Penal Code 42.07(a)(7) is facially unconstitutional under the First Amendment. The statute is overbroad because it prohibits a wide swath of electronic communications. For example, the statute could conceivably cover the sharing of an “annoying” political social media posts even if it is not Read more about State v. Chen, 14-19-00372-CR, 14-19-00373-CR (Tex. App. – Houston [14th Dist.] Dec. 31, 2020)[…]

State v. Brent, No. 01-19-01008-CR (Tex. App. – Houston [1st Dist.] Dec. 10, 2020)

Posted on March 29, 2021 by pdo-admin

The First District affirmed a grant of judicial clemency where the accused requested that her conviction be set aside and dismissed under article 42A.701(f) over two and a half years after completing probation. The court held that such a grant of clemency is within the trial court’s discretion at any time after probation is discharged. Read more about State v. Brent, No. 01-19-01008-CR (Tex. App. – Houston [1st Dist.] Dec. 10, 2020)[…]

Torres v. State, No. 01-18-01074-CR (Tex. App. – Houston [1st Dist.] Dec. 22, 2020)

Posted on March 29, 2021March 29, 2021 by pdo-admin

The First District reversed an adjudication of guilt where the evidence was insufficient to find that the accused violated conditions of community supervision. Notably, the court held that when a program terminates a probationer, the trial court must determine whether the termination was a reasonable exercise of discretion by the program before adjudicating guilt on Read more about Torres v. State, No. 01-18-01074-CR (Tex. App. – Houston [1st Dist.] Dec. 22, 2020)[…]

Haggard v. State, No. PD-0635-19 (Tex. Crim. App., Dec. 9, 2020)

Posted on March 29, 2021March 29, 2021 by pdo-admin

The Court of Criminal Appeals reversed convictions for sexual assault of a child and indecency because the trial court allowed a Sexual Assault Nurse Examiner to testify remotely with two-way video in violation of the Confrontation Clause. The Court held that such testimony is only permitted after a case-specific finding that remote testimony is necessary Read more about Haggard v. State, No. PD-0635-19 (Tex. Crim. App., Dec. 9, 2020)[…]