Today's Opinions - 9/16/09

They're Baaaaack! Well, it's not like they moved out of Cresta Verde in the middle of the night.

Today, the Court of Criminal Appeals handed down a few published opinions (all while having heard oral arguments, which will be posted at some undetermined date in the future). Here they are:

AP-76,055, In re Victor Hugo Escareno: The Court of Criminal Appeals dismissed a mandamus order as moot when the District Clerk of Hidalgo County finally forwarded on Escareno's writ of habeas corpus to the CCA, but not until holding the District Clerk in contempt. I guess the District Clerk was Le Miserable. Click here for an only slightly more detailed summary.

AP-76,092 & AP-76,093, Ex parte Phillip Alan Harbin: The CCA held that the defendant's California convictions for lewd and lascivious acts with a child under 14 and annoying and molesting a child did not give Harbin a duty to register as a sex offender. Click here for a more detailed summary.

PD-1047-08, Jason Wayne Hunter v. State: The CCA dismissed as moot, the State's petition for discretionary review because the defendant died. I know, you're all on the edge of your seat wondering why not a permanent abatement? Click here for a slightly more detailed summary to find out the answer.

PD-1304-08, Phillip Jason Hall v. State: The CCA held that even though a 702 showing of scientific reliability is not required in a pre-trial motion to suppress hearing, relying solely upon the use of LIDAR as a basis for a traffic stop without some indication of the officer's observations does not establish probable cause. Judge Price concurred. Click here for a more detailed summary.