Today's Opinions - 5/6/09

The Court handed down a few published opinions today in the following cases:

AP-75,749, Demetrius Dewayne Smith v. State: The CCA affirmed Smith's capital murder conviction over numerous complaints, such as an amendment to the indictment prior to trial, the granting of challanges for cause against multiple jurors, and the inclusion of testimonial disciplinary reports in two pen packets in violation of Crawford. Click here for a more detailed summary.

PD-0294-08, Ex parte Frank Eugene Watson: The CCA held that the inclusion of the phrase "failure to yield right of way" as a manner of committing intoxication assault did not make the traffic offense of failure to yield the right of way a lesser-included offense of intoxication assault. The manner and means of committing an offense do not "modify the pleadings" such that they become elements of the greater offense under a Hall v. State analysis. Click here for a more detailed summary.

PD-0758-08, Randy Deshawn Collier v. State: The CCA dismissed the petition for discretionary review as improvidently granted in this tampering with evidence case. For an only slightly more detailed summary, click here.