The Campaign For DA

12.07.2011

So You Want To Be A Lawyer?

Today the Texas Court of Criminal Appeals agreed to hear a case I appealed arising out of a DWI arrest in Boyd.  Want to know the exact legal issue they will consider?  Whether . . .
The [Fort Worth ] Court of Appeals erred in holding that the seven enumerated subsections in Texas Transportation Code § 545.058, setting forth when a Texas motorist may legally drive upon an improved shoulder, are akin to “defenses” of Penal Code § 2.03 that the State need not negate in a hearing on the Defendant’s Motion to Suppress.
 Wasn't there an episode of Law and Order based upon this issue? If not, how does this not become a novel?

The Court of Criminal Appeals only hears cases that it wants to hear. I have a bizarre record on having my requests to that court granted.