Justia Texas Court of Criminal Appeals Opinion Summaries

Articles Posted in Civil Procedure
by
Randy Ethan Halprin, a member of the "Texas Seven," escaped from prison in December 2000 and was involved in the murder of Irving Police Officer Aubrey Hawkins during a robbery. Halprin was charged with capital murder and, in 2003, was convicted and sentenced to death by Judge Vickers Cunningham. Halprin's conviction and sentence were affirmed on direct appeal, and his initial habeas application was denied. Subsequent applications were dismissed. In 2019, Halprin filed a new writ application alleging that Judge Cunningham was biased against him because he is Jewish, violating his right to due process and the free exercise of his religion.The Texas Court of Criminal Appeals reviewed Halprin's claim after the trial court held an evidentiary hearing. The trial court found that Judge Cunningham exhibited actual bias against Halprin due to his Jewish faith and recommended granting Halprin a new trial. The State agreed that the evidence showed Cunningham's bias. The Texas Court of Criminal Appeals independently reviewed the record and confirmed that Cunningham's anti-Semitic remarks and behavior demonstrated actual bias.The Texas Court of Criminal Appeals concluded that Halprin had shown by a preponderance of the evidence that Judge Cunningham was biased against him at the time of the trial. This bias constituted a structural due process violation, entitling Halprin to a new trial. The court granted Halprin a new trial and dismissed his second claim challenging the constitutionality of the future dangerousness special issue as an abuse of the writ. View "In re Halprin" on Justia Law

by
The court of appeals reversed Appellant Jeremy Cuevas’ conviction for assault on a peace officer, holding the evidence was insufficient to show that the complainant was discharging an official duty when he was assaulted. The Texas Court of Criminal Appeals granted the State’s petition for discretionary review to decide whether a peace officer working as private security is discharging an official duty when he is acting under Texas Alcoholic Beverage Code Section 101.07. The Court held that in this case, the evidence was legally sufficient to show that the complainant was discharging an official duty when Appellant assaulted him. Judgment was reversed and the trial court’s judgment was affirmed. View "Cuevas v. Texas" on Justia Law