Today's Opinions - 9/23/09

On September 23, 2009, the Court of Criminal Appeals handed down a number of different orders including three published opinions in the following cases:

AP-75,812, Henry Watkins Skinner v. State: The CCA upheld the denial of DNA testing where the defense counsel has already declined to request testing as a matter of reasonable trial strategy. Click here for a summary of this case.

PD-0821-08, State v. Ernesto Moreno: The CCA held that the State is not able to appeal the erroneous and premature granting of an instructed verdict, but doesn't decide whether a trial court has the authority to grant an instructed verdict because the error was not preserved. Click here for a summary of this case.

PD-0912-08, State v. Michael Joseph Rhine: The delegation of the power to prohibit or control the outdoor burning of waste by the legislature to the Texas Commission on Environmental Quality did not violate the strict separation of the branches of government set out in the Texas Constitution. Click here for a summary of this case.