TEXAS CRIMINAL PROCEDURE OUTLINE FALL 2015 – Susan CRUMP
TEXAS CRIMINAL PROCEDURE, Reamey & Bubany 11th Ed. (Academia Press)
Introductory Material
· Facts about Harris County/City of Houston
o Chief of HPD: McClelland
o Harris County Sheriff: Ron Hickman
§ Generally, will not investigate in Houston City Limits
o Constables: have county wide jurisdiction as well and are divided into precincts
§ Usually serve civil and criminal subpoenas and arrest warrants
§ Jurisdiction is also in contiguous counties
o Harris County DA
§ Prosecuting crimes occurring in the county
§ Have investigators assigned to courts
o Department of Public Safety
§ The elite(?) Texas Rangers
o Judges in Harris County are elected
General Overview
· Duties of Prosecutors (TCCP 2.01-.02)
o Duties of District Attorney
§ Represent the State in all criminal cases in the district courts of his district
· Exception: if he was previously employed adversely
§ Represent the State when any criminal proceeding is before an examining court in his district or before a judge on habeas corpus
§ Primary duty is to seek justice not to convict
o Duties of County Attorney
§ Shall attend the terms of contract in his county below the grade of district court
§ Represent the State in all criminal cases under examination or prosecution in said county
· Represent the State in absence of the DA
§ Aid the DA in the prosecution of any case on behalf of the state in the district court
o Brady Law
§ Must turn over potential exculpating evidence to the defense
§ Can not suppress evidence
· Jurisdiction of Texas Criminal Courts (TCCP 4.01, 4.03-4.08; 4.11; 4.14)
o The following courts have jurisdiction in criminal actions
§ The Court of Criminal Appeals
· Final appellate and review jurisdiction in criminal cases
· Review by Court of Criminal Appeals is not a matter of right but of sound judicial discretion
§ Courts of Appeals
· Has appellate jurisdiction coextensive with the limits of their respective districts in all criminal cases except those in which the death penalty has been assessed
§ The district courts
· Original jurisdiction in criminal cases of felony and all misdemeanors involving official misconduct and of transferred misdemeanor cases
§ The County Courts
· All misdemeanors of which exclusive original jurisdiction is not given to the justice court and when fine is $500+
§ Justice courts
· Original jurisdiction in criminal cases punishable by fine only or punishably by fine and a sanction not consisting of imprisonment
§ Municipal courts
· Classification of Offenses (TPC 12.03-.04)
o Misdemeanors
§ Class A
· 1 year in jail and $4k
§ Class B
· 180 days in jail and $2k
§ Class C
· No jail time, just a fine
· Not entitled to an attorney, but can bring one in
· JP court and Municipal Court
o Felonies
§ Capital Felonies
· Life
§ 1st Degree Felonies
§ 2nd Degree Felonies
§ 3rd Degree Felonies
§ State Jail Felonies
· Punishments (TPC 12.21-.23, 12.31-.35)
Arrest with Warrants
· Introduction
o It is important to note that even an illegal arrest may not invalidate a conviction
§ However, it may determine the admissibility of evidence seized during the arrest and the officer may be subject to civil liability
o The legality of an arrest is usually tested in a suppression hearing held pretrial
o Neither TX or the US constitutions forbid warrantless arrests
o In TX, warrantless arrests are per se unreasonable unless they fall under one of the exceptions
o Officer must also arrest in jurisdiction he belongs to, unless one of the statutory exceptions applies
§ Arrests outside their jurisdiction or outside of the exceptions can result in the arrest being illegal and evidence inadmissible
· When does an Arrest Occur? (TCCP 15.22)
o A defendant may be arrested in two different ways
§ Arrested first then charged with a crime
· When arrest warrant is issued before the charges are filed the arrest warrant is called a warrant
§ Charged with crime first then arrested
· When the arrest warrant is issued after the charges are filed, that arrest warrant is called capias
o Bill of rights (4th amendment) gives
ssion of the offense, as definitely as can be done by the affiant
§ 4) It must be signed by the affiant (officer) by writing his name or affixing his mark
· Arrest Warrant Affidavit Requirement (TCCP 38.23)
o An affidavit that supports arrest warrant is also called the complaint (facts supporting probable cause for the arrest warrant)
o TX has traditionally adhered to the four corners approach to affidavit (complaint) review
§ Meaning that probable cause must be determined by reference to the allegations and facts contained within the 4 corners of the complaint rather than by other facts made known to the reviewing magistrate
o Miller v. State – this case reinforces the 4 corner doctrine
§ Cannot make conclusory statements that police officer has probable cause
§ Public Policy – keeps everybody honest and requires only looking to affidavit
§ Affidavit must have probable cause and burden of justifying arrest is on the state
§ TPC 38.23: Evidence not to be used – no evidence obtained by an officer or other person in violation of any law shall be admitted against the accused at trial (in criminal case)
· Arrest After Changes are filed; the Capias (TCCP 27.01, 23.01-.05)
o When the arrest warrant is issued after the charges are filed, that arrest warrant is called capias
o For filing charges the document has two different names depending on if the crime is a felony or misdemeanor
§ Felony – the indictment becomes the charging document (after previously being an information)
· Must have PC within 24 hours
§ Misdemeanor – the charging document is called the information
o Charging document order: DA uses a complaint –> DA files information à information becomes indictment by grand jury (if a felony)
o Requirements of a Capias
