CASE LAW AND ATTORNEY GENERAL UPDATE AY 2019 Judge Ryan Kellus - PowerPoint PPT Presentation

CASE LAW AND ATTORNEY GENERAL UPDATE AY 2019 Judge Ryan Kellus Turner General Counsel and Director of Education Texas Municipal Courts Education Center March 29, 2019 Lubbock

Let’s g get ou our r du ducks in a a row row be before we we start art sh shootin ting! g! TIME FRAME & ACKNOWLEDGMENTS

Part I

Just Tuning In Harris County Bail Suit – Odonnell (5 th Circuit p. 33 )

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

Supreme Court of Texas Expunction – State v. T.S.N. (p.57- 58 )

FOGHAT Reasonable Suspicion

1st Amendment “ Communicating in a Harassing Manner” – Wagner (CCA p. 10)

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

Dogs  Washer v. Borger- (p. 67)  Hereford v. Frausto (p. 67)

The Automobile Exception

Part II

Cases Worth Mentioning 1. Velasquez (CCA p. 43) – Article 28.01 Pretrial Hearing: No Additional Notice When Held on Day of Trial 2. 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 Bench 4. 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, & Indigence  Gonzalez (p. 64)  Ette ( CCA p .54) Indigent Status Does Imposition of a fine by a Not Bar Assessment of jury not orally announced Costs  William Johnson (p. 62) Assessment of Costs After Judgment CONTRAST with  Carl Johnson (p. 63) Witness Mileage Fee  Carreon (p. 63) Motion (see also Macias p. 64 & to Revoke Probation in Allen p.65) Violation of Bearden

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

Community Caretaking Exception Daniel (p. 17)

Suspicious Places??? Art. 14.03, C.C.P. Dansby (p. 23)

Blood Draws:

The E End d is s Just st t the Begin innin ing o of Somethin ing E Else se. Thank You for Your Attention E—MAIL: RTURNER@TMCEC.COM TWITTER: @RKELLUSTURNER