Wednesday, May 26, 2010

Fist Full of Meyers - Today's Opinions - 5/26/10

The CCA handed down orders and opinions in a number of cases. They handed down published opinions, featuring Judge Meyers prominently, in the following cases:

PD-0493-09, Douglas Michael Hubert v. State: Hubert lived with his grandfather. In this possession of a firearm by a felon case, the CCA held that Hubert's grandfather had actual authority to give consent to police officers to search Hubert's room. They sidestepped the issue of whether Hubert's grandfather had apparent authority to consent to the search of the room. Here's a link to the majority opinion. Here's a link to Judge Meyer's dissent. And here's a link to the court of appeals opinion and case info.

PD-0512-09, Julian Kuciemba v. State: The CCA held that there was sufficient circumstantial evidence that Kuciemba, found intoxicated and injured after a single-car rollover accident where he totally failed to hit the breaks, was intoxicated at the time of driving. Here's a link to the majority opinion. Here's a link to Judge Meyer's dissent. Here's a link to the court of appeals opinion and case info.

PD-0560-09, Oscar Perez v. State: The CCA held that while trial counsel failed to interview witnesses for a possible alibi for Perez. However, the failure to investigate did not prejudice Perez because the alibi witness gave a vague affidavit that did not foreclose Perez's ability to commit the offense. Here's a link to Judge Meyer's majority opinion (joined by all). Here's a link to the court of appeals majority opinion, dissenting opinion, and case info.

Note, there was also a published habeas case, but I haven't been able to pull it up yet. Will add it as soon as I'm able.