By Kevin L. Collins | Published July 1, 2021 | Posted in Criminal Law | Tagged Tags: criminal defense, material evidence, relevant evidence | Comments Off on Prosecutors Must Now Disclose All Relevant Evidence to Defense Counsel
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Kevin L. Collins
Prosecutors Must Now Disclose All Relevant Evidence to Defense Counsel
A Texas Court of Criminal Appeals ruling makes it clear that prosecutors must disclose to defense counsel nearly all evidence in their possession — a potential landmark decision that could greatly enhance fairness in the state’s criminal justice system. The ruling, in Hopkins v. State, comes eight years after Texas last overhauled its criminal discovery Read More
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Texas GOP Legislators Pushing for Bail System Based on Severity of Crimes
Harris County implemented major bail reforms after federal courts held unconstitutional the common practice of requiring preset cash bail amounts without accounting for a defendant’s personal circumstances. However, Republican lawmakers are now trying to counter these reforms, pushing for legislation that would link bail determinations to the severity of the alleged crimes. As a result Read More
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Current Legislative Efforts Would Walk Back Texas Bail Reforms
Despite the documented success of misdemeanor bail reforms that have been implemented in Harris County, Texas legislators and the state’s governor are pushing for measures that would make it harder for many defendants to secure release pending trial. Governor Greg Abbott has declared the need for bail practice changes an emergency item for this legislative Read More
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When is a Defendant Entitled to Bail Pending Appeal of a Conviction?
Under Texas law, most people who have been convicted of a crime carrying a prison sentence are entitled to be released on reasonable bail pending the determination of an appeal. However, there are notable exceptions, based on the seriousness of the crime and other factors. In general, post-conviction bail works much the same as pretrial Read More
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Harris County to Report on Crimes by Defendants Released on Bail
The Harris County Commissioners Court has voted to allow the Justice Administration Department (JAD) to share non-confidential information about defendants released on bail. The JAD will report on the number of defendants since January 2018 charged with a subsequent felony or misdemeanor offense while out on any type of pretrial release. This information will be Read More
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Public Research Group Studies Effect of Assistance of Counsel at Bail Hearings
Researchers have made Potter County, Texas one of the first court systems in the United States to actively test the effect of the presence of defense counsel at bail hearings. The Public Policy Research Institute (PPRI) at Texas A&M University is conducting a year-long study at the Potter County Detention Center, testing whether defendants charged Read More
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Lawsuit Challenging Harris County Felony Bail System Can Proceed to Trial
A federal judge has decided that a lawsuit challenging the Harris County felony bail system should continue to trial. The federal class action was brought by the same legal team that successfully challenged the county’s misdemeanor bail practices last year, resulting in a settlement that allows most defendants facing misdemeanor charges to be released without Read More
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Bail Reforms in Harris County Did Not Lead to Increase in Reoffenders
A year after a federal judge approved a plan to reform the Harris County bail system, allowing most misdemeanor defendants to be released on their own recognizance, an independent report concludes there has been no corresponding increase in repeat offenses. The former system required defendants, even those charged with low-level, non-violent offenses, to secure their Read More
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Online Tool Tracks Texas Jail Population That Can’t Make Bail
While defendants who can pay bail can await trial outside of jail, thousands of Texans without the means to afford bail remain behind bars. Amid the COVID-19 pandemic, those incarcerated face a higher risk of becoming infected. Texas taxpayers are also penalized, as incarcerating defendants who have not been convicted costs the state approximately $905 Read More
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Court “Resets” Unduly Prolong Incarceration Before Trial
Because of the COVID-19 pandemic, there has been a dramatic spike in Texas court resets —rescheduling of trials or hearings to later dates. Many criminal courts have been closed since March 24 due to health concerns, and court proceedings previously scheduled in the spring and summer have been pushed off for several months. Court resets Read More
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