Issues Granted - 5/20/09

On May 20, 2009, the CCA granted review in the the following three cases:

PD-1805-08, Joseph Denver Smith v. State: The CCA granted the defendant's petition for discretionary review with oral argument in this indecent exposure case out of Harris County on the following issue:

The First Court of Appeals erred by finding that the Information alleged with reasonable certainty, the acts relied upon to constitute recklessness.

On the Court's website they swapped Smith's points of error wih those of Hobbs. I've corrected it on this site, I'm sure the CCA will too. Here's a link to the underlying opinion and a link to the underlying case info. Here's a link to my summary of the underlying case.

PD-0319-09, Eric Charles Hobbs v. State: The CCA granted the defendant's petition for discretionary review without oral argument in this aggravated assault case out of Dallas County on the following issue:

1. Did the trial court violate Appellant’s constitutional and statutory right to a jury trial by denying Appellant’s request to withdraw his jury waiver.

2. Did the trial court abuse its discretion when it failed to hold a hearing on the motion for new trial which alleged matters that were not determinable from the record?

As noted above, the CCA got the points of error transposed on their website. I've corrected it here, I'm sure they'll fix it, too. Here's a link to the underlying opinion. Here's a link to the underlying case info. Here's a link to my summary of the underlying case.

PD-0381-09, Ex parte David Garza: The CCA granted the State's petition for discretionary review with oral argument in this DWI case out of Harris County on the following issues:

1. The First Court of Appeals erred in holding a jury of five was a mandatory alternative to mistrial when the United States Supreme Court has found a jury of five members unconstitutional.

2. The Court of Appeals erred in finding the record suggests the State and Appellant were willing to proceed with five jurors.

Here's a link to the underlying opinion. Here's a link to the underlying case info. Here's a link to my summary of the underlying case.