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Criminal Procedure

Summaries

KP-0041
Ken Paxton

Brady v. Maryland and its progeny do not impose a general duty upon a prosecutor to listen to all recordings of inmate telephone calls held by the county telecommunications provider to search for exculpatory evidence for a defendant if the prosecutor would not do so otherwise.|Brady v. Maryland imposes a duty to discover whether the investigators and employees who listen to recorded inmate telephone calls find evidence favorable to a defendant in the recordings and, if so, to disclose that evidence to the defendant.|Brady v. Maryland imposes a duty upon the prosecutor to discover whether the investigators and employees who listen to recorded inmate telephone calls find evidence favorable to a defendant in the recordings and, if so, to disclose that evidence to the defendant.|A contract that provides a criminal district attorney's office with unfettered access to inmate telephone call recordings would likely be considered by a court as evidence in support of the criminal district attorney's office having possession, custody, or control of the recordings.|A contract that provides a criminal district attorney's office with unfettered access to inmate telephone call recordings would likely be considered by a court as evidence in support of the criminal district attorney's office having possession, custody, or control of inmate telephone call recordings.

KP-0055
Ken Paxton

Under Code of Criminal Procedure article 39.14(h), the Texas Forensic Science Commission has no duty to notify relevant parties of exculpatory, impeachment, or mitigating information.|Forensic Science Commission - Under Code of Criminal Procedure article 39.14(h), the Texas Forensic Science Commission has no duty to notify relevant parties of exculpatory, impeachment, or mitigating information.|Given the conclusion that the Texas Forensic Science Commission likely has no notification duties under Code of Criminal Procedure article 39.14(h), the Commission's prosecutor member would have only the duty to comply with article 39.14 that he or she would have in his or her capacity as a prosecutor for the state.|State

KP-0127
Ken Paxton

Forensic Science Commission, in its reasonable discretion, may refrain from granting an exemption from accreditation under Code of Criminal Procedure article 38.01, subpart (4-d)(c), a court would likely conclude|Admissibility of forensic analysis of physical evidence, Code of Criminal Procedure article 38.35(d)(1) prevails over Texas Rule of Evidence 702 to extent of conflict|Forensic Science Commission - Admissibility of forensic analysis of physical evidence, Code of Criminal Procedure article 38.35(d)(1) prevails over Texas Rule of Evidence 702 to extent of conflict|"Forensic analysis" from a crime laboratory that is neither accredited by the Forensic Science Commission nor exempt from accreditation by statute or administrative rule is inadmissible in a criminal action in a Texas court under Code of Criminal Procedure article 38.35(d)(1), a court would likely conclude that|Forensic Science Commission - "Forensic analysis" from a crime laboratory that is neither accredited by the Forensic Science Commission nor exempt from accreditation by statute or administrative rule is inadmissible in a criminal action in a Texas court under Code of Criminal Procedure article 38.35(d)(1), a court would likely conclude that|Crime laboratory must report professional negligence or professional misconduct pertaining to forensic analysis in all disciplines - not just those that are accredited - to the Forensic Science Commission pursuant to Code of Criminal Procedure article 38.01, subpart 4(a)(2), a court would likely conclude|Forensic Science Commission - Crime laboratory must report professional negligence or professional misconduct pertaining to forensic analysis in all disciplines - not just those that are accredited - to the Forensic Science Commission pursuant to Code of Criminal Procedure article 38.01, subpart 4(a)(2), a court would likely conclude

KP-0137
Ken Paxton

District clerk has no legal obligation to accept grand jury reports documenting investigations and findings that do not constitute criminal violations reportable by indictment|Grand Jury has no statutory authority to issue reports documenting its investigations and findings that do not constitute criminal violations reportable by indictment

KP-0173
Ken Paxton

Crime restitution funds, collection under Code of Criminal Procedure art. 103.0031(a)(1)(A) when delinquent|Collection of delinquent crime restitution funds under Code of Criminal Procedure article 103.0031(a)(1)(A)

KP-0188
Ken Paxton

Forensic Science Commission's accreditation authority over postmortem toxicological analysis|Medical examiners and forensic pathologists

KP-0200
Ken Paxton

Civil asset forfeiture funds - use of to purchase property insurance pending appeal|Civil asset forfeiture funds - use of to purchase property pending appeal|Property insurance - Use of civil asset forfeiture funds to purchase for property forfeited by State

KP-0207
Ken Paxton

Subpoenas-attorneys, and employees of district attorney's office may execute and serve subpoena if not involved in prosecution of case in any capacity|Subpoena-execution and service pursuant to Code of Criminal Procedure article 24.01 by attorneys and employees of district attorney's offices

KP-0213
Ken Paxton

Disclosure obligations of criminal district attorney under Code of Criminal Procedure article 39.14 when information is protected by attorney-client privilege or confidential under other law|Imputing knowledge from assistant criminal district attorneys performing civil duties to the prosecutor as "the State" for purposes of Code of Criminal Procedure article 39.14

GA-0067
Greg Abbott

Examining witnesses, municipal judge's authority if the state is not represented by counsel when the case is called for trial|Municipal judge does not have authority to examine witnesses if the state is not represented by counsel when the case is called for trial|Municipal court, county attorney has the right, but not the duty, to appear in municipal court

GA-0095
Greg Abbott

Community supervision, court may not require defendant accused of a drug-related crime who is placed on to pay a fee, part of which will go to the prosecutor's office|Fee, a court may not require a defendant accused of a drug-related crime who is placed on community supervision to pay, where part of fee will go to prosecutor's office

GA-0114
Greg Abbott

Pretrial intervention, community supervision and corrections department's authority to assess participant in a pretrial intervention program fees under both article 102.012 of the Code of Criminal Procedure and section 76.015(c) of the Government Code|Pretrial diversion|Pretrial intervention

GA-0207
Greg Abbott

Felony prosecutor supplement fund funded by fees collected by magistrates taking bail bonds, surety's entitlement to a refund|Felony prosecutor supplement fund funded by fees collected by magistrates taking bail bonds, whether refunds paid by county may be deducted from amounts county remits to comptroller|Felony prosecutor supplement fund funded by fees collected by magistrates taking bail bonds, whether surety should apply to county or state for refund and whether surety is entitled to interest|Fee imposed on bail bond sureties for prosecutor longevity pay and indigent defense, surety's entitlement to a refund; whether refunds paid by county may be deducted from amounts county remits to comptroller|Fee imposed on bail bond sureties for prosecutor longevity pay and indigent defense, surety's entitlement to a refund|Fee imposed on bail bond sureties for prosecutor longevity pay and indigent defense, surety's entitlement to a refund as of date prosecutor declines to prosecute or grand jury declines to indict

GA-0220
Greg Abbott

Victim's name, address, or other identifying information appearing both in a felony judgment and a victim impact statement, Act makes such information in the judgment confidential and not subject to disclosure|Victim's name, address, or other identifying information appearing both in felony judgment and a victim impact statement, Public Information Act makes such information in the judgment confidential and not subject to disclosure|Judgment contents, a felony judgment must contain the information specified in article 42.01, section 1 of the Code of Criminal Procedure|Victim's name, address, or other identifying information appearing both in a felony judgment and a victim impact statement, Public Information Act makes such information in the judgment confidential and not subject to disclosure

GA-0241
Greg Abbott

County Attorney pro tem, article 2.08 of the Code of Criminal Procedure does not disqualify county attorney pro tem from representing criminal defendants in an adjoining county|County Attorney pro tem, article 2.08 of the Code of Criminal Procedure does not disqualify county attorney pro tem from representing criminal defendants in an adjoining county

GA-0259
Greg Abbott

Forfeited property, article 59.06 of the Code of Criminal Procedure authorizes an attorney representing the state to transfer forfeited property to "law enforcement agencies" as defined in article 59.01(5)|Forfeited property, the office of an attorney representing the state is a "law enforcement authority" that may receive forfeited property under article 59.06 of the Code of Criminal Procedure

GA-0288
Greg Abbott

Bail bond requisites, authority of a sheriff in a county without a bail bond board to require a surety to personally sign a bond and to prohibit an attorney-in-fact from signing a bond on the surety's behalf|Bail bond enforcement, in the bail bond forfeiture context a court may hold an individual surety liable on bond even though the surety did not personally sign it|Agents or attorneys-in-fact, authority of a sheriff in a county without a bail bond board to require a surety to personally sign a bond and to prohibit an attorney-in-fact from signing a bond on the surety's behalf|Enforcement of a bond, in the bail bond forfeiture context a court may hold an individual surety liable on bond even though the surety did not personally sign it

GA-0298
Greg Abbott

Forfeited property, whether income from the sale of artwork by a person accused or convicted of a crime is subject to forfeiture under article 59.01(7)(B) of the Code of Criminal Procedure depends upon the resolution of fact questions|Forfeited property, article 59.01(7)(B) of the Code of Criminal Procedure provides for forfeiture of certain income from "the sale of tangible property the value of which is increased by the notoriety gained from the conviction of an offense by the person

GA-0330
Greg Abbott

Petition for order of nondisclosure, proper fee for|Petition for order of nondisclosure, trial court jurisdiction

GA-0396
Greg Abbott

Deferred adjudication community supervision, article 42.12, section 5(h) of Code of Criminal Procedure does not authorize the state to pursue a defendant for past due fines and costs with a capias pro fine, where no motion to adjudicate was filed prior to the expiration of|Deferred adjudication community supervision, article 42.12, section 5(h) of the Code of Criminal Procedure does not authorize the state to pursue a defendant for past due fines and costs with a capias pro fine where no motion to adjudicate was filed prior to the expiration of|Dismiss proceedings against defendant and discharge him pursuant to article 42.12, section 5(c) of Code of Criminal Procedure, a court dismisses the charging instrument and terminates the underlying criminal action for which community supervision was granted when court acts to|Deferred adjudication community supervision, article 42.12, section 5(h), Code of Criminal Procedure, does not authorize the state to pursue a defendant for past due fines and costs with a capias pro fine, where no motion to adjudicate was filed prior to the expiration of

GA-0413
Greg Abbott

Jurisdiction over probation defendant, court is divested of once term of community supervision has expired, unless prior to expiration the processes of the court have been set in motion for revocation of probation or determination of guilt|Community supervision ends automatically at expiration of community supervision period|Probation defendant is not subject to conditions of community supervision, including the payment of fines, fees, and court costs, as of the date the period of community supervision expires|Jurisdiction over probation defendant, court is divested of once term of community supervision has expired unless prior to expiration the processes of the court have been set in motion for revocation of probation or determination of guilt

GA-0457
Greg Abbott

Pending litigation, the attorney general's long-standing policy is to refrain from issuing an opinion on a question that is implicated in|Municipal police officer may set bail for an individual arrested on a misdemeanor charge; and may set bail for a defendant arrested on a felony charge unless the case is pending before a court|Bail, a municipal police officer may set for an individual arrested on a misdemeanor charge; may set for a defendant arrested on a felony unless the case is pending before a court|Bail, a municipal police officer may set for an individual arrested on a misdemeanor charge and may set for a defendant in a felony case unless the case is pending before a court

GA-0479
Greg Abbott

Driver's license, Department of Public Safety may deny renewal of driver's license for person who fails to appear in justice or municipal court, but not of a person who fails to appear in county or district court|Driver's license, Department of Public Safety may deny renewal of driver's license for a person who fails to pay fine and cost for any offense in any court with criminal jurisdiction|Deny renewal of driver's license of a person who fails to appear in justice or municipal court, but not of a person who fails to appear in a county or district court, the Department of Public Safety may|Deny renewal of driver's license of a person who fails to pay fine and cost for any offense in any court with criminal jurisdiction, the Department of Public Safety may|Driver's license renewal, the Department of Public Safety may deny to any person who fails to appear in justice or municipal court, but not to a person who fails to appear in county or district court|Driver's license renewal, the Department of Public Safety may deny to any person who fails to pay fine or costs for any offense in any court with criminal jurisdiction

GA-0526
Greg Abbott

Residence restrictions on sex offenders, whether a home-rule municipality constitutionally may adopt|Sex offenders, state law does not preempt a home-rule municipality's authority to adopt residence restrictions on|Residence restriction on sex offenders, a general-law municipality has no authority to adopt|Residence restrictions on sex offenders, state law does not preempt a home-rule municipality's authority to adopt

GA-0542
Greg Abbott

Abandoned motor vehicles seized by a county sheriff, statute governing disposition of \r\n|Abandoned vehicles seized by a county sheriff, statute governing disposition of \r\n|Private imaging business, hospital district's authority to house and manage

GA-0551
Greg Abbott

Conflict of interest, whether administering polygraph examinations for criminal district attorney's office on criminal defendants is prohibited is matter for State Commission on Judicial Conduct to determine|Justice of the peace, whether administering polygraph examinations for criminal district attorney's office on criminal defendants after "arraignment" and setting bond is prohibited|Arraignment

GA-0588
Greg Abbott

Money seized as contraband, authority of law enforcement agency to maintain custody of money seized as contraband or to deposit seized money in an account pending final judgment

GA-0593
Greg Abbott

Probation, authority to modify conditions of probation to require payment in lieu of community service|Monetary payment in lieu of community service to be used for community supervision and correction department purposes

GA-0608
Greg Abbott

Postal inspectors of the United States Postal Service, Office of the Inspector General, state powers of arrest, search, and seizure|Inspectors of the United States Postal Service

GA-0651
Greg Abbott

Appointment to represent an indigent criminal defendant in appellate proceedings, whether a justice may accept|County official, justice of the peace is for purposes of Code of Criminal Procedure article 26.06\r\n|Appointment to represent an indigent criminal defendant in appellate proceedings, article 26.06 of the Code of Criminal Procedure and Government Code section 82.064 appear to recognize the authority of a justice of the peace to accept|Code of Judicial Conduct, whether a justice of the peace violates in particular circumstances is to be determined by the Commission in the first instance\r\n|County official

GA-0663
Greg Abbott

Bail bond board, authority to dissolve

GA-0683
Greg Abbott

Electronic monitoring program separate from that established by a community supervision and corrections department under Code of Criminal Procedure article 42.035(a), a county commissioners court has no authority to establish|Electronic monitoring

GA-0696
Greg Abbott

Foreign language interpreter on district attorney’s staff, decisions about funding are made by the commissioners court in the budget process, subject to judicial review for abuse of discretion|Interpreter appointed by court in criminal proceeding is not required to provide translation services to district attorney in preparing for trials

GA-0733
Greg Abbott

Conviction of a felony or crime involving moral turpitude, under Government Code section 406.004 Secretary of State may not commission as a notary an individual with a \r\n\r\nConviction of a felony or crime involving moral turpitude, Secretary of State may use as a basis, but is not required by, to initiate commission revocation proceedings against a commissioned notary public|Notary public, under Government Code section 406.004 an individual with a conviction of a felony or crime involving moral turpitude may not be commissioned by the Secretary of State as a|Commissioned as a notary public by the \r\nSecretary of State, Government Code section 406.004 precludes an applicant with a conviction of a felony or a crime involving moral turpitude from being \r\n\r\n|Revocation proceedings against a notary public on the basis of a conviction of a felony or a crime involving moral turpitude, the Secretary of State is authorized, but not required, to initiate|Must\r\nMay\r\nGood cause|Conviction of a felony or crime involving moral turpitude, under Government Code section 406.004 Secretary of State may not commission as a notary an individual with a \r\n|Conviction of a felony or crime involving moral turpitude, Secretary of State may use as a basis, but is not required by, to initiate commission revocation proceedings against a commissioned notary public

GA-0755
Greg Abbott

Legal fees of district attorney, state not obligated to pay under chapter 104 Civil Practices and Remedies Code; county has no duty to pay under Local Government Code section 157.901; forfeiture funds cannot be used to pay under Code of Criminal Procedure article 59.06(c)(1)|Legal fees of district attorney, county has no duty to pay under Local Government Code section 157.901|Legal fees of district attorney; county has no duty to pay under Local Government Code section 157.901|Forfeiture funds under Code of Criminal Procedure article 59.06(c)(1), cannot be used to pay legal fees for defense of district attorney\r\n|Legal fees of district attorney, state not obligated to pay under chapter 104 Civil Practices and Remedies Code

GA-0773
Greg Abbott

Cash bail bond, authority of district clerk to accept assignment of to pay fines and costs

GA-0847
Greg Abbott

Presentence investigation report that discloses child abuse or neglect, community supervision officer who releases information contained in, may release to Department of Family and Protective Services and is immune from civil and criminal liability for doing so

GA-0859
Greg Abbott

Final say on where to land a helicopter at a traffic accident scene, a helicopter pilot rather than a sheriff’s office or fire department would always have the

GA-0860
Greg Abbott

Conviction information that the Texas Youth Commission must furnish to a school district when its parolee transfers to a district in which he has not been previously enrolled|Statement of offense

GA-0866
Greg Abbott

Evidence tested or offered into evidence prior to effective date of enabling Act (Sept. 1, 2005), the Forensic Science Commission may conduct investigations of incidents that occurred before Act’s effective date but it is prohibited from considering|Forensic Science Commission’s investigative authority is limited to those laboratories, facilities, or entities that were accredited by the Department of Public Safety at the time forensic analyses took place|\\"Forensic analysis\\" has the precise meaning specified in the statutory language of article 38.35, Code of Criminal Procedure|Forensic analysis that is neither expressly included nor excluded by the Act or DPS rule, but that falls under the generic definition of \\"forensic analysis\\" found in section 38.35(a)(4), is generally subject to FSC investigation, assuming all other statutory requirements are satisfied|Forensic analysis that is neither expressly included nor excluded by the Act or DPS rule, but that falls under the generic definition of \\"forensic analysis\\" found in section 38.35(a)(4), is generally subject to Forensic Science Commission investigation, assuming all other statutory requirements are satisfied|Forensic analysis

GA-0884
Greg Abbott

Appointment of counsel in criminal cases for non-indigent defendants

GA-0888
Greg Abbott

Expenses of nonresident witness in criminal proceeding, authority of prosecutor to advance without preapproval of the presiding judge

GA-0895
Greg Abbott

Employees of bail bondsmen, board rule imposing restrictions on employment beyond those established by statute exceed authority of bail bond board

GA-0923
Greg Abbott

Proper prosecutorial entity to prosecute a violation of a water control and improvement district ordinance under chapter 51 of the Water Code will generally depend on the court in which the citation or complaint is filed

GA-0927
Greg Abbott

Detention of child transferred to criminal court for prosecution who is under the age of seventeen years separately from adult detainees, article 4.19 of the Code of Criminal Procedure does not authorize

GA-0960
Greg Abbott

Cash bail bond, a county is not entitled to deduct a fee for accounting and administrative expense from the return of a

GA-0976
Greg Abbott

Sex offender who resides within limits of city should register with chief of police, while one who resides outside city should register with county sheriff|Failure to comply with sex offender registration requirements is a matter squarely within a prosecutor’s discretion

GA-0977
Greg Abbott

Security, form of collateral required to meet security amount requirements under Occupations Code section 1704.160 for bail bond surety license holders in counties with bail bond boards

GA-0986
Greg Abbott

Guilty plea, inclusion of in pretrial diversion agreement, this office cannot advise on given lack of definitive guidance on the matter

GA-0991
Greg Abbott

District judge does not have authority to order director of community supervisions and corrections department who does not supervise defendants placed on community supervision to personally conduct a presentence investigation report|District judge is not authorized to require a particular supervision officer in a community supervision department to prepare a presentence investigation report|District judge does not have authority to order director of a community supervisions and corrections department who does not supervise defendants to personally appear in court to present the ordered presentence investigation report|Presentence investigation report. A district judge is not authorized to require a particular supervision officer in a community supervision department to prepare a|Presentence investigation report. A district judge does not have authority to order the director of a community supervisions and corrections department who does not supervise defendants placed on community supervision to personally conduct a|Presentence investigation report. A district judge does not have authority to order a director of a community supervisions and corrections department who does not supervise defendants to personally appear in court to present the ordered|A director of a community supervisions and corrections department who does not supervise defendants to personally appear in court to present the ordered presentence investigation report. A district judge does not have authority to order

GA-0992
Greg Abbott

Prosecutors should always take care that their handling of evidence in criminal cases comports with constitutional requirements|No statute or common-law cause of action, or any other legal authority of which we are aware empowers a court to order the destruction of evidence related to misdemeanor cases over which the court otherwise lacks jurisdiction|A court likely lacks authority to order the destruction of blood evidence related to misdemeanor cases that have been finally resolved

GA-0993
Greg Abbott

Admonish arrestee, Code of Criminal Procedure article 15.17, duty of magistrate as required by, is a mandatory duty|Admonishments, right to receive from a magistrate under Code of Criminal Procedure article 15.17, may be waived by arrested person pursuant to Code of Criminal Procedure article 1.14(a) if done plainly, freely and intelligently|Admonishments, right to receive from a magistrate under Code of Criminal Procedure article 15.17, may be waived by arrested person pursuant to Code of Criminal Procedure article 1.14(a) if done plainly, freely, and intelligently

GA-1039
Greg Abbott

Pretrial intervention program funds collected pursuant to Code of Criminal Procedure article 102.0121 - expenditures must be made in accordance with a budget approved by the commissioners court and must relate to a defendant\\'s participation in or to administration of the program|County attorneys are authorized to collect a fee from any defendant participating in Code of Criminal Procedure article 102.0121 pretrial intervention program. Fees must be deposited into a special fund in the county treasury.|Criminal district attorneys are authorized to collect a fee from any defendant participating in Code of Criminal Procedure article 102.0121 pretrial intervention program. Fees must be deposited into a special fund in the county treasury.|District attorneys are authorized to collect a fee from any defendant participating in Code of Criminal Procedure article 102.0121 pretrial intervention program. Fees must be deposited into a special fund in the county treasury.|County attorneys, criminal district attorneys and district attorneys are authorized to collect a fee from any defendant participating in Code of Criminal Procedure article 102.0121 pretrial intervention program. Fees must be deposited into a special fund in the county treasury.

GA-1048
Greg Abbott

Evidentiary provisions of article 38.01, Code of Criminal Procedure, do not limit a report of the Science Advisory Workgroup created by the State Fire Marshal\\'s Office.|A determination about the admissibility of the Science Advisory Workgroup\\'s findings or the weight they are to be given by a judicial tribunal is for the tribunal.|Code of Criminal Procedure article 38.01 governing the Texas Forensic Science Commission does not limit any investigative authority that may be vested in the Science Advisory Workgroup created by the State Fire Marshal\\'s Office.|Neither Government Code chapter 417 nor Opinion GA-0866 limits the State Fire Marshal\\'s office from investigating and making findings on closed arson cases|State Fire Marshal\\'s Office - Article 38.01 of the Code of Criminal Procedure, governing the Texas Forensic Science Commission, does not limit any investigative authority that may be vested in the Science Advisory Workgroup created by the State Fire Marshal\\'s Office|State Fire Marshal\\'s Office - Attorney General Opinion GA-866 construes only Code of Criminal Procedure article 38.01, pertaining to the Texas Forensic Science Commission, and does not limit any authority of the Science Advisory Workgroup created by the State Fire Marshal\\'s Office

GA-1059
Greg Abbott

Forfeiture funds, court would be unlikely to conclude that district attorney may use, to purchase land and building for subsequent sale or lease to other entities as such use of the property would likely not be considered an official purpose of district attorney\\'s office under Code of Criminal Procedure article 59.06

GA-1063
Greg Abbott

Article 102.005, Code of Criminal Procedure - a defendant whose conviction from a municipal court of record was affirmed at the county-court level would not be subject to the fees imposed under article 102.005 because the conviction occurred at the municipal level|Articles 42.03 and 45.041, Code of Criminal Procedure - a court may give a defendant credit only for time served from the time of arrest and confinement until sentencing by the trial court under|Article 102.011(a)(2), Code of Criminal Procedure - a court may assess a separate fee for each arrest warrant issued even when multiple warrants result in only one arrest under|Article 102.011(a)(6), Code of Criminal Procedure - a court could conclude that any commitment or release from jail after the conclusion of the case will not be a service performed in the case and that fees for those services are therefore not authorized under

GA-1077
Greg Abbott

Penal Code section 21.11, indecency with a child by contact|Sex offender registration requirements, Code of Criminal Procedure chapter 62|\\"Reportable conviction or adjudication\\" under Code of Criminal Procedure chapter 62 includes a deferred adjudication regardless of whether it was terminated early, completed, or revoked|Code of Criminal Procedure article 42.12 section 5(c) authorizing early termination of deferred adjudication community supervision|Deferred adjudication community supervision|Code of Criminal Procedure article 42.12 section 5(c) concerning the dismissal of proceedings and discharging of defendant

DM-0057
Dan Morales

Bail by telephone, justice of the peace may not set for person who has not yet appeared before a magistrate|Bail, amount must be determined on a case-by-case basis after the person has appeared before a magistrate|Case-by-case basis, after a person has appeared before a magistrate amount of bail must be determined on a|Pre-set bail bond amounts, magistrate may not by posting schedule at county jail|Set bail over the telephone, when person has not yet appeared before magistrate justice of the peace may not

DM-0072
Dan Morales

Forfeiture funds, law enforcement agency is generally authorized to determine the law-enforcement purposes for which funds are expended|Forfeiture funds, city council has only limited authority to determine how to expend

DM-0073
Dan Morales

Personal bond, authority of personal bond office to hold personal property required by a magistrate as security on

DM-0082
Dan Morales

Theft cases involving issuance of bad check, municipal court has jurisdiction over when property or services involved is less than $20

DM-0104
Dan Morales

Life sentence continues until the time of convicted person's death; release on parole does not constitute completion of life sentence|Life sentence is not completed merely because convicted person is released on parole

DM-0139
Dan Morales

Criminal docket, justice of the peace may maintain electronically in addition to or in lieu of printed paper media

DM-0245
Dan Morales

Interpreters in criminal cases, judge may not assess fees for costs or require payment of as condition of probation|Interpreter, judge may not assess fee on criminal defendants for cost of|Interpreter in criminal case, judge may not require fee for payment of as condition of probation

DM-0277
Dan Morales

Misdemeanor for unauthorized practice of architecture punishable by fine, complaints may be filed in justice court|Original jurisdiction over fine-only misdemeanors under article V, section 19 of Texas Constitution; statutory limitation in Code of Criminal Procedure unconstitutional|Justice of the peace court original jurisdiction over fine-only misdemeanors under article V, section 19; statutory limitation in Code of Criminal Procedure unconstitutional

DM-0291
Dan Morales

Grand jury in multicounty judicial district, authority to return indictment for an offense committed in another county|Venue statutes, authority of grand jury in multicounty judicial district to return indictment for an offense committed in another county

DM-0294
Dan Morales

Arrested or detained student, authority of law enforcement agency to communicate information about arrest or detention to school officials|School student arrested or detained, authority of law enforcement agency to communicate information about arrest or detention to school officials

DM-0313
Dan Morales

Arrestee taken into custody by city police officer for violation of state statute and committed to jail by magistrate, obligation of sheriff to accept|Commitment order for person accused of class A or B misdemeanor, authority of municipal judge to issue|Arrestee committed to jail by magistrate for violation of state statute, responsibility of county for cost of maintaining

DM-0318
Dan Morales

Peace officers not authorized by articles 2.12 and 2.13 of the Code of Criminal Procedure to enforce city ordinances|City ordinances, peace officers not authorized by articles 2.12 and 2.13 of the Code of Criminal Procedure to enforce

DM-0349
Dan Morales

Pardon, person who has completed deferred adjudication community supervision and who has been discharged after dismissal of charges may not receive|Governor may not pardon person who has completed deferred adjudication community supervision and who has been discharged after dismissal of charges|Deferred adjudication community supervision, person who has completed and whose charges have been dismissed is ineligible for pardon

DM-0354
Dan Morales

Death penalty habeas corpus actions, court's power to appoint counsel in|Appointment of attorneys in death penalty habeas corpus actions, court's authority|Counsel in death penalty habeas corpus action, whether trial court can request agencies and associations to procure|Obligation of independent representation, whether "appointment" by agency or association militates against|Trial court's power to appoint attorneys to represent defendant; whether association may be appointed|Court-ordered attorney fees in death penalty habeas corpus actions, county's duty to pay

DM-0372
Dan Morales

Teen court program, municipal court authority to impose administrative cost fee and other court costs|Court costs for teen court program, imposition does not contravene due process

DM-0381
Dan Morales

Public officers within article XVI, section 1 of Texas Constitution, whether police officers are|Oath of office, whether city police officers must take; validity of arrests by police officer who did not file written statement required by Texas Constitution|Police officers, whether constitutional oath of office must be taken by; validity of arrests by city police officer who did not file written statement required by Texas Constitution|Arrests made by de facto peace officers, validity of

DM-0393
Dan Morales

Nunc pro tunc, inherent power of court to enter order|Pardon, eligibility for when judge sets aside conviction and dismisses charges against person on "regular" or "shock" community supervision

DM-0437
Dan Morales

Probation condition that restricts right to free expression or privacy, constitutionality|Probation condition, authority of district court to order convicted sex offender to post warning sign|Probation condition that restricts right to free expression or privacy, validity|Condition of probation, authority of district court to order convicted sex offender to post warning sign

DM-0464
Dan Morales

Time payment fee assessed once per order|Time payment fee is cost of court for purposes of priority of payment|Time payment fee applies to all constitutional county courts|Deferred adjudication, time payment fee does not apply

DM-0483
Dan Morales

Sheriff's authority to determine sufficiency of security of bond executed by attorney for client|Sheriff's authority to require individual surety to post collateral|Bail bond executed by attorney for client, sheriff's authority to determine sufficiency of security|Bail bonds, sheriff's authority to determine sufficiency of security executed by attorney for client and to require individual surety to post collateral|Bail bonds, authority to determine sufficiency of security executed by attorney for client and to require individual surety to post collateral

DM-0486
Dan Morales

Offense|Restoration of civil rights forfeited by individuals convicted of federal offense

DM-0500
Dan Morales

Adoption, who may advertise to place, provide, or obtain child for adoption|Jurisdiction over conduct occurring on the Internet|Commerce Clause, whether state regulation of Internet violates

JC-0010
John Cornyn

Pardons and Paroles Division, conditions of parole constitute contract between parolee and Pardons and Paroles Division|Sex offender registration, parole contract between parolee and Division of Pardons and Paroles does not obligate local law enforcement authority to register parolee|Conditions of parole constitute contract between parolee and Pardons and Paroles Division\r\n\r\n

JC-0019
John Cornyn

Bond default in another county, sheriff in county with bail bond board may not refuse bond of bondsman licensed in the county on the basis of|Default on bond in another county, sheriff in county with bail bond board may not refuse bond of bondsman licensed in the county on the basis of

JC-0021
John Cornyn

Warrantless administrative searches, constitutionality of Controlled Substances Act provisions conditioning issuance of permits on consent to|Warrantless administrative searches by Department, constitutionality of Controlled Substances Act provisions conditioning issuance of permits on consent to

JC-0042
John Cornyn

Defer prosecution, prosecutor generally may not in exchange for offender's monetary contribution to governmental or nonprofit organization

JC-0044
John Cornyn

Habeas corpus, prosecutor may waive service by certified mail, return receipt requested, of copy of application for writ of

JC-0119
John Cornyn

Office space, commissioners court may permit county attorney to use county office as registered address for nonprofit organization incorporated by county attorney if court makes certain findings of fact|Defer prosecution, prosecutor generally may not in exchange for offender's monetary contribution to nonprofit organization incorporated by prosecutor and assistants|Pretrial diversion, prosecutor generally may not offer in exchange for offender's monetary contribution to nonprofit organization incorporated by prosecutor and assistants

JC-0129
John Cornyn

Sex offender, local law enforcement authority's duty and discretion to register

JC-0181
John Cornyn

Credit union pays costs of complying with grand jury subpoena duces tecum for records concerning members|Grand jury subpoena duces tecum for credit union records, credit union pays cost of complying with|Possession (of evidence)|Subpoena duces tecum

JC-0195
John Cornyn

Abandoned property, sheriff is the "holder" of cash bail bonds for cases that were never filed and unclaimed liquidated certificates of deposit securing execution of bail bonds deposited with sheriff for purposes of chapter 74 of Property Code|Cash bail bonds for cases that were never filed and unclaimed liquidated certificates of deposit securing execution of bail bonds, whether they become abandoned property|Cash bail bonds for cases that were never filed, maintenance and management|Abandoned property, whether cash bail bonds and unclaimed liquidated certificates of deposit securing execution of bail bonds on cases that were never filed become|Interest earnings on cash bail bonds and unclaimed liquidated certificates of deposit securing execution of bail bonds deposited with sheriff on cases that were never filed, disposition of|Sheriff's authority to maintain and manage cash bail bonds deposited on cases that were never filed|Sheriff's authority to maintain and manage cash bail bonds for cases that were never filed

JC-0215
John Cornyn

Split bond, magistrate may not require bailable defendant to provide, i.e., part personal bond and part bail bond|Surety, magistrate may not require bailable defendant to provide bail bond backed by a surety|Bail, magistrate may not require bailable defendant to provide split bond, i.e., part personal bond and part bail bond|Split bond|Includes|Or

JC-0229
John Cornyn

Seventeen year old reported as missing, law enforcement officer must take possession of and return to person entitled to possession even if child has not committed a crime or does not wish to be detained

JC-0246
John Cornyn

Credit for time served in jail as result of failure to pay fine after conviction of class C misdemeanor

JC-0259
John Cornyn

Judgment in criminal case, court clerk may not prepare without supervision of an attorney

JC-0277
John Cornyn

Judgment nisi, municipal judge does not have discretion to waive entry in case where attorney acts as surety for client|Attorney acting as surety for a client in municipal court, judge must require evidence of the sufficiency of the security offered as provided by chapter 17 of the Code of Criminal Procedure|Bail bonds, a municipal court must require from an attorney acting as surety for a client evidence of the sufficiency of the security offered as provided by chapter 17 of the Code of Criminal Procedure|Bail bonds, municipal court must require from an attorney acting as surety for a client evidence of the sufficiency of the security offered as provided by chapter 17 of the Code of Criminal Procedure

JC-0393
John Cornyn

Terms of confinement, misdemeanant convicted of multiple class C misdemeanors who has defaulted on fines or costs and ordered to be confined to enforce payment serves terms concurrently if confined when order is issued|Pre-sentence confinement, defendant convicted of multiple offenses must be credited with time on each sentence as though sentences ran concurrently|Cumulation orders, requirements for|Default on payment of fines or costs for multiple class C misdemeanors, misdemeanant who is ordered to be confined to enforce payment serves terms of confinement concurrently if confined when order is issued

JC-0396
John Cornyn

Pardon that is not given for proof of subsequent innocence does not obliterate offense but generally absolves doer of legal consequences|Firearms, felon who has been fully pardoned may possess; defendant accused of felony whose verdict has been set aside or who has been permitted to withdraw a guilty plea may possess handgun without violating criminal law|Verdict has been set aside or guilty plea has been withdrawn, defendant in such case may possess firearm without regard to section 46.04 of the Penal Code|Felon who has been fully pardoned may possess firearm, as may defendant who has been convicted of felony but whose verdict has been set aside or who has been permitted to withdraw guilty plea|Term, when Legislature defines a term in one statute and uses same term in relation to same subject matter in a later statute, we may presume that Legislature used the term in the same way|Convicted

JC-0404
John Cornyn

County reporter's notes, preservation of under Rules of Appellate Procedure|Closed circuit video conference for court to receive defendant's plea or waiver of a right, preservation of video recording and court reporter's notes of hearing by

JC-0466
John Cornyn

Arrests on casino boats, peace officers have authority to make arrests under state law within state's territorial waters; on high seas, beyond jurisdiction of both State of Texas and United States, law of ship's flag state and international law determine|Criminal jurisdiction of State of Texas and its coastal counties extends three marine leagues from coastline into Gulf of Mexico|Arrests on casino boats, peace officers have authority to make arrests under state law within state's territorial waters; on high seas, beyond jurisdiction of both the State of Texas and the United States, law of ship's flag state and international law|Casino boats, Texas peace officers acting as security guards have authority to make arrests under state law within state's territorial waters; on the high seas, beyond jurisdiction of both the State of Texas and the United States, the law of ship's flag s

JC-0522
John Cornyn

Peace officer license, constable who has not obtained a permanent peace officer license is a "peace officer" for purposes of article 2.12(2) of the Code of Criminal Procedure

JC-0530
John Cornyn

Peace officers, city police officer acting as a drainage-district peace officer pursuant to an interlocal cooperation contract between city and drainage district is authorized by section 49.216 of the Water Code to make warrantless arrests for traffic vio|City police officer acting as a drainage-district peace officer pursuant to an interlocal cooperation contract between city and drainage district is authorized by section 49.216 of the Water Code to make warrantless arrests for traffic violations in the d

JC-0541
John Cornyn

Bail, sheriff in a county that does not have bail bond board is not authorized to post list of preapproved bondsmen in the county jail|List of preapproved bondsmen, sheriff in a county that does not have bail bond board is not authorized to post in the county jail

JC-0549
John Cornyn

Appointment of counsel for criminal defendant, constitutionality of article 1.051(c) of Code of Criminal Procedure requiring that counsel for indigent criminal defendant be appointed within one day of defendant's request in populous counties and within th|Appointment of counsel for criminal defendant, constitutionality of statutory indigency standard for|Appointment of counsel for indigent defendant, constitutionality of statutory indigency standard for|Appointment of counsel for indigents, constitutionality of article 1.051(c) of Code of Criminal Procedure requiring that counsel for indigent criminal defendant be appointed within one day of defendant's request in populous counties and within three days |Equal protection, whether article 1.051(c) of Code of Criminal Procedure requiring that counsel for indigent criminal defendant be appointed within one day of defendant's request in populous counties and within three days of request in less populous count|Equal protection, whether statutory indigency standard for appointing counsel for indigent criminal defendant violates

JC-0584
John Cornyn

Interpreters, a court clerk who merely converses with a defendant in a language other than English does not act as a court interpreter and does not commit an offense under chapter 57 of the Government Code|Interpreters, if there is no interpreter licensed to interpret in a particular language under chapter 57 of the Government Code, the appointment of an unlicensed person may be within a court's inherent power|Interpreters for defendants who do not speak English, chapter 57 of the Government Code establishes qualifications for spoken-language interpreters appointed in criminal cases under the authority of article 38.30 of the Code of Criminal Procedure|Interpreters, a county may not require a court to select an interpreter from an interpreter service under contract with the county, although a court may choose to do so|Court interpreters, a county may not require a court to select an interpreter from an interpreter service under contract with the county, although a court may choose to do so|Court interpreters, the licensing provisions of Government Code chapter 57 do not affect a court's authority under the Rules of Civil Procedure and the Civil Practice and Remedies Code to fix an interpreter's compensation and to direct how an interpreter

KP-0267
Ken Paxton

Courts following U.S. Supreme Court precedent would conclude that the Due Process Clause of the Fourteenth Amendment incorporates the Eighth Amendment protection against excessive fines.

Courts recognize article I, section 13 of the Texas Constitution as a constitutional protection against excessive fines. A court would not enforce an unconstitutionally excessive fine. Depending on the statute, a Texas court would be obligated to follow Texas law that requires it to separate the unconstitutional fine and uphold the portion of the statute that is constitutional, if possible.

A Texas court would likely conclude that the Excessive Fines Clause of the Eighth Amendment of the U.S. Constitution is binding on the State, and federal jurisprudence is instructive about, if not determinative of, excessive fines issues under article I, section 13 of the Texas Constitution.