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Full-Text Articles in Law
Having It All: Pleading Guilty Without Forfeiting The Right To Appeal, Gerald S. Reamey
Having It All: Pleading Guilty Without Forfeiting The Right To Appeal, Gerald S. Reamey
Faculty Articles
Pleading guilty and moving for an appeal of a pretrial suppression ruling has not been viewed as an efficient allocation of judicial resources. However, it is terribly inefficient to force the State to trial solely to preserve appeal rights on a pretrial objection. Attempts by courts and the legislature to balance these competing interests have produced a confusing and dangerous mix of contradictory rules.
Texas Rule of Appellate Procedure (TRAP) 25.2 is the latest iteration of such rules. Appeals may be taken following a negotiated guilty plea or nolo contendere plea, if “the substance of the appeal was raised by …
Arrests In Texas’S “Suspicious Places”: A Rule In Search Of Reason, Gerald S. Reamey
Arrests In Texas’S “Suspicious Places”: A Rule In Search Of Reason, Gerald S. Reamey
Faculty Articles
When article 14.03(a)(1) of the Texas Code of Criminal Procedure first appeared in Texas law, landmark decisions like Terry v. Ohio and Miranda v. Arizona were more than a century in the future. Nevertheless, a current exception to Texas's arrest warrant requirement can be traced directly to a virtually identical statute from those pre-Civil War days.
It is a small wonder that today's courts find this statute confusing; and confusion, whether advertent or inadvertent, invites result-oriented, illogical, or unpersuasive judicial decisions. Courts' attempts to make sense of article 14.03(a)(1) arguably have failed in each of these ways over the statute's …