Texas Courts of Appeals
T.L.B. v. Texas Dept. of Pub. Safety
01/20/11 : Cite No. 03-10-00196-CV
Did the trial court properly deny a petition for expunction after the State dismissed the case due to the victim's death?
Yes. The petitioner failed to show that the indictment was dismissed because "the presentment had been made because of mistake, false information, or other similar reason indicating absence of probable cause at the time of the dismissal to believe the person committed the offense." Simply, the State's inability to prove the case did not mean the grand jury lacked probable cause. Read Opinion.
A well-written opinion explaining that the death of a key witness in a case and subsequent dismissal does not prove there was no basis for the original charge. Over and over, we continue to see appeals of the denial of expunction petitions, and the only argument really comes down to, "But I wasn't prosecuted." That is not a sufficient reason for expunction.
Texas Attorney General
Request for Opinion from Bowie County Criminal District Attorney
01/13/11 : Request No. RQ-0940-GA
Does the County Judge for Bowie County, Texas have the authority to contract with a "personal consultant" absent the Commissioner's Court approval and what authority would a "personal consultant" have to review other elected offices? Read Request.
TDCAA is pleased to offer our members unique case summaries from the U.S. Supreme Court, the 5th Circuit Court of Appeals, the Texas Court of Criminal Appeals, Texas Courts of Appeals and the Texas Attorney General. In addition to the basic summaries, each case will have a link to the full text opinion and will offer exclusive prosecutor commentary explaining how the case may impact you as a prosecutor. The case summaries are for the benefit of prosecutors, their staff members, and members of the law enforcement community. These summaries are NOT a source of legal advice for citizens. The information contained in this email message may be privileged, confidential, and protected from disclosure. Any unauthorized use, printing, copying, disclosure, dissemination of or reliance upon this communication by persons other than the intended recipient may be subject to legal restriction or sanction. Please email comments, problems, or questions to [email protected] In addition, if you would like to discuss the summaries with fellow prosecutors, look for the thread in our criminal forum.