Summaries of Civil Opinions and Published Criminal Opinions Issued – Week of February 25, 2008
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 can be accessed by clicking the cause number then clicking View HTML Version of Opinion.
- McBride v. State, No. 2-07-00148-CR (Feb. 28, 2008) (Gardner, J., joined by Dauphinot and Holman, JJ.).
- Held: As a matter of federal constitutional law, the period for filing a motion for new trial is a "critical stage" of the proceedings, and a defendant is entitled to counsel during this period. However, Appellant failed to rebut the presumption that trial counsel continued to represent Appellant during this period. Moreover, there was evidence that trial counsel did in fact continue to represent Appellant during this time.