Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of January 21, 2013

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.

Ex parte Shaw, No. 02-12-00116-CR ) (January 24, 2013) Gabriel, J., joined by Livingston, C.J., and Meier, J.).

Facts: Appellant was held pending trial on three charges, only one of which he was indicted on within ninety days of the commencement of his detention.

Held: After the statutory period has elapsed, an indictment that was obtained on another pending charge within the statutory period does not invoke an exception to code of criminal procedure article 17.151's requirement that an accused be released from detention on personal bond or reduced bond on the cases for which the State is not ready for trial within the statutory period. Because the State was not ready for trial within the statutory period, the trial court abused its discretion by refusing to release Appellant on personal bond or lowered bail amount on the two un-indicted cases after the statutory period had elapsed. The order denying habeas relief is reversed and the cause is remanded.

« Return to Case Summaries Home Page «