Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of February 18, 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.

White v. State, No. 02-11-00511-CR  (Feb. 21, 2013) (Walker, J., joined by Livingston, C.J., and Gabriel, J.).

Held: Convicting White of two counts of burglary arising from the same act violated double jeopardy, so his conviction for burglary of a habitation with intent to commit assault is vacated and dismissed as the least serious of the two offenses; the trial court did not err by finding that White's confession was not obtained in violation of Miranda and was made voluntarily, and the trial court did not abuse its discretion by denying White's motion for mistrial at his second punishment trial.

Dees v. State, Nos. 02-12-00488-CR, 02-12-00489-CR  (Feb. 21, 2013, Not Opinion on the merits) (Gardner, J., joined by McCoy and Meier, JJ.).

Ordered: In a presubmission motion, Appellant asked this court to unseal portions of the reporter's record that were sealed pursuant to rule of evidence 412 and to make them available to his appellate counsel for purposes of his appeals. The motion is granted in part; that is, the sealed portions of the reporter's record are ordered unsealed but only as to the attorneys of record for the purpose of preparing the parties' briefs and motions to the court, subject to additional conditions set out in the court's Order and Opinion. The parties are ordered to file their briefs under seal and in paper form only.

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