Summaries of Civil Opinions and Published Criminal Opinions Issued – Week of November 14, 2011

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions (PDF version) can be accessed by clicking the cause number.

Greene v. State,   No. 02-11-00011-CR   (Nov. 17, 2011)   (Livingston, C.J., joined by Walker, J.; Dauphinot, J., concurs without opinion).

Held:   The trial court did not err by denying Appellant's motion to suppress; the affidavit incorporated into the search warrant provided all the particularity requirements, and Appellant was not prejudiced by the police's failure to provide him a copy of the affidavit during the search.

Brown v. State,   No. 02-10-00516-CR   (Nov. 17, 2011   (Gabriel, J., joined by Gardner, J.; Dauphinot, J., concurs and dissents with opinion).  [Note: Both opinions are at the same link in one document.]

Held:   Viewed in the light most favorable to the trial court's ruling, the evidence supports a reasonable conclusion that it is more likely than not that Appellant committed a new offense. Therefore, the trial court acted within its discretion by revoking her community supervision.

Concurrence and Dissent:   The State did not prove that Appellant committed a new offense while on community supervision because no evidence sufficiently ties her to the alleged offense. Nor, as the majority holds, did the State prove that Appellant had the ability to pay but intentionally failed to pay her community supervision fee. The trial court therefore abused its discretion by revoking her community supervision.

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