Yesterday's Opinions - 6/3/09

I apologize for the delay. I generally like to get opinions up the day they are issued, but I was otherwise detained. On June 3, 2009, the CCA handed down three published opinions in the following cases:

AP-75-964, Ex parte Spencer Ojeifo Imoudu: Here, the CCA granted habeas corpus relief because the attorney failed to investigate a possible insanity defense prior to advising the defendant to plead guilty of murder. Presiding Judge Keller dissented. Click here for a more detailed summary.

PD-0297-08, Johnny Ray Ocon v. State: Here, the CCA held that the trial court did not abuse its discretion in denying a mistrial based upon one of the jurors calling someone named Brenda to bitch about being on the jury. While the state was required to rebut harm regarding the conversation, Ocon should've requested questioning of the juror about the conversation. Presiding Judge Keller concurred. Judge Johnson did as well. Click here for a more detailed summary.

PD-0956-08, Joe Christian Salazar v. State: Here, the CCA held that a) habitations inherently provide notice that entry is forbidden; b) there is no need to plead the element of notice in a burglary indicment; and c) the lack of a notice requirement in the burglary indictment did not keep criminal trespass from being a lesser-included offense under Hall v. State. Presiding Judge Keller concurred. Click here for a more detailed summary of the case and here for the oral arguments.