CASE LAW AND ATTORNEY GENERAL UPDATE

AY 2019

Judge Ryan Kellus TurnerGeneral Counsel and Director of EducationTexas Municipal Courts Education Center

March 29, 2019Lubbock

Let’s get our ducks in a row before we start

shooting!

TIME FRAME &

ACKNOWLEDGMENTS

Part I

Just Tuning In

Harris County Bail Suit – Odonnell (5th

Circuitp. 33 )

Expectation of Privacy

Cell Service Location Information (CSLI) Carpenter v. U.S. (SCOTUS P. 12)

SupremeCourt of Texas

Expunction – State v. T.S.N. (p.57-58 )

Reasonable Suspicion

FOGHAT

1st Amendment

“Communicating in a Harassing Manner” –Wagner (CCA p. 10)

ContemptLuttrell v. El Paso Cty. (p. 57)In re Hesse ( p. 57)Ex parte Reposa(CCA p. 57)

DogsWasher v. Borger- (p. 67)Hereford v. Frausto (p. 67)

The Automobile Exception

Part II

Cases Worth Mentioning1. Velasquez (CCA p. 43) – Article 28.01 Pretrial Hearing:

No Additional Notice When Held on Day of Trial2. Ex. Parte Macias (CCA p. 44) – When the State

Appeals per Art. 44.01, a Trial Court can do Nothing until it Receives an “Appellate Mandate”

3. Marshall v. State ( p. 56) – Electing jury sentencing does not preclude a Restitution Ordered from the Bench4. Rodriguez v. State ( p. 29) Double Jeopardy in

Municipal Ordinance Prosecution 5. Timmins v. State (p. 34) Failure to Appear in Jail???

Don’t Do It!1. Proenza (CCA p. 45) Do Not Comment on the

Weight of Evidence at Trial in Violation of Article 38.05, CCP.

2. Pixler (p. 37) When it Comes to Junk Cars, Don’t Confuse “Fines,” “Civil Penalties,” and “Administrative Penalties” under Sec. 683.0765 of the Transportation Code

3. Morris (p. 47) Judge’s Should not Abuse Their Discretion (or Defendants) by Using Electric Shocks from a Stun Belt to Maintain Court Decorum

Part IV

Drive More! Pay Less! Now with Free Constitutional Rights!!*

(*Terms and Conditions Apply)

Fines, Costs, & IndigenceEtte ( CCA p .54)

Imposition of a fine by a jury not orally announcedWilliam Johnson (p. 62)

Assessment of Costs After JudgmentCarl Johnson (p. 63)

Witness Mileage Fee (see also Macias p. 64 & Allen p.65)

Gonzalez (p. 64) Indigent Status Does Not Bar Assessment of Costs

CONTRAST with

Carreon (p. 63) Motion to Revoke Probation in Violation of Bearden

Ford v. State (CCA p. 21)Probable Cause for Theft

Daniel (p. 17)

Community Caretaking Exception

Suspicious Places???

Art. 14.03, C.C.P.

Dansby (p. 23)

Blood Draws:

The End is Just the Beginning of Something Else.

Thank You for Your Attention

E—MAIL: RTURNER@TMCEC.COM TWITTER: @RKELLUSTURNER