AP-75,654, Thomas Bartlett Whitaker v. State, a capital murder out of Fort Bend County.
Appellant's opening argument. (Jimmy Phillips, Jr.)
The State's response. (Kristen Moore)
This was a death penalty case, so there was no underlying opinion.
PD-091-08, State v. Michael Joseph Rhine, a violation of the clean air act case out of Denton County.
Appellant's opening argument. (Richard Gladden)
The State's response. (Andrea R. Simmons)
Amicus Attorney argument. (Phillip A. Lionberger, TECQ)
The CCA granted review on the following issue:
Whether the Penal offense with which petitioner is charged rests upon an unconstitutional delegation of legislative authority in violation of the separation of powers principle guaranteed by Article II, Section 1 of the Texas Constitution.
You can read the underying opinion here. This is kind of interesting in that we have an amicus attorney from the Texas Commission on Environmental Quality that requested the opportunity to be heard. Gosh, I kind of wish TABC would take the same type of hands-on approach to their cases.
PD-0821-08, State v. Ernesto Moreno, an unlawful possession of cocaine case out of Nueces County.
The State's opening argument. (Douglas K. Norman)
Appellant's response. (Luis Garcia)
The State's rebuttal.
The CCA granted review and oral argument on the following issues:
1. Whether the trial court's action in purporting to grant a directed verdict, before the State rested its case while its key witness was waiting to testify just outside the courtroom, amounted instead to an improper dismissal of the indictment, which is properly appealable by the State?
2. Whether the trial court even has the underlying authority to grant a directed verdict?
You can read the underlying opinion here. Seems like this will come down to whether this was a mistrial or a dismissal.