Justia Texas Court of Criminal Appeals Opinion Summaries

A jury convicted appellant Samantha Britain of manslaughter and injury to a child for recklessly causing the death of her step-daughter. The Court of Appeals held that there was insufficient evidence that appellant was "aware of but consciously disregard[ed] a substantial and unjustifiable risk" as required to prove recklessness. Accordingly, the court reversed the trial court and entered a judgment of acquittal on both counts. The Supreme Court granted the State's petition for review of whether the Court of Appeals should have reformed the verdict to the lesser-included offense of criminally negligent homicide rather than rendering a verdict of acquittal. The Supreme Court concluded there was no evidence concerning the standard of care an ordinary person should be held to or that showed the appellant should have been aware of the risk to the child. Given this lack of evidence and the conflicting testimony of the medical experts concerning the ease with which such a serious risk was identified, the Court could not say that the State proved beyond a reasonable doubt that the appellant acted with negligence. The Court of Appeals did not err in rendering a judgment of acquittal, and the Supreme Court affirmed that decision. View "Britain v. Texas" on Justia Law

In his initial application for habeas relief, applicant Erick Alberto Oranday-Garcia alleged his guilty for possession of cocaine was involuntary because trial counsel rendered deficient performance by advising him that conviction for that offense would not result in deportation. Applicant was deported as a result of his offense. He contended that had he understood the effect that the guilty plea would have on his immigration status, he would not have pled guilty but insisted on going to trial. Applicant's trial counsel filed an affidavit with the convicting court specifically refuting the applicant's allegations and maintaining that he had informed the applicant that his conviction would result in deportation. Based on the affidavit, the convicting court recommended denying relief. In a subsequent writ application, applicant argued that the same circumstances in support of his claim that his plea was given involuntarily due to ineffective assistance of trial counsel was supported under the United States Supreme Court's decision in "Padilla v. Kentucky." Applying the requirement of an allegation of prima facie facts to this petition, the Supreme Court dismissed it as non-compliant with Article 11.07, Section 4. The new law that applicant invoked was Padilla, but the Court concluded he did not establish that Padilla applied to the facts of his case because of Texas precedent "Ex parte De Los Reyes," and the United States Supreme Court's opinion in "Chaidez v. United States." Because the applicant's conviction was final before the Supreme Court announced the rule in Padilla, it could not apply to him in any event. View "Ex parte Oranday-Garcia" on Justia Law