Austin, TX
Appeals Lawyer at Austin, TX
Practice Areas: Appeals, Unknown
OUTCOME: Reversed and Remanded
I represented the State of Texas as a prosecutor in this case. In a widely-cited opinion, the Court of Criminal Appeals held that focusing exclusively on the grammar and syntax of language contained in ... a search warrant affidavit constitutes a hypertechnical review. Following the release of the Court of Criminal Appeals opinion, the defendant pleaded guilty to Possession of a Controlled Substance.
OUTCOME: Reversed and Remanded, Conviction Affirmed by Lower Appellate Court
I represented the State of Texas as a prosecutor in this case. The Court of Criminal Appeals held that a verdict form constitutes part of a trial court's charge to the jury. The Court further held th ... at a verdict form must include every "guilty" or "not guilty" option available to the jury. On remand, the Seventh Court of Appeals determined that failure to include a "not guilty" verdict option for a lesser included offense did not constitute egregious error and affirmed the defendant's conviction.
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