Search for: "Elsa Alcala"
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23 Mar 2011, 7:53 am
Rick Perry named Elsa Alcala to the Texas Court of Criminal Appeals to replace Charles Holcomb, who retired from the court.Alcala is a justice of the First Court of Appeals in Harris County, and a former Houston district judge. [read post]
29 Nov 2014, 8:32 am
The State agrees that Applicant is entitled to relief.The substantive debate played out in the dissenting opinion by Judge Sharon Keller and a concurrence by Judge Elsa Alcala, who ironically applied the same deferential standard to local prosecutors and the trial court that one normally sees from Keller and Co. when the state wants to hang-em-high. [read post]
4 Dec 2017, 11:46 am
Pero, no mas.Now, five members of a sharply split court have decided to "disavow" that decision in Ex Parte Morris Johnson II, leaving no viable enforcement mechanism available when the parole board ignores its statutory duties.Judge Elsa Alcala in a dissent summed up the import of this change: "Can the parole board disregard applicable statutes without any judicial oversight? [read post]
25 Mar 2014, 7:17 am
Essentially, they agreed with Judge Elsa Alcala's dissenting opinion (pdf) in Robbins that "The fact that a witness acknowledges a mere possibility of an alternative hypothesis is not a failsafe escape for due process violations." [read post]
27 Jan 2016, 11:44 am
Court of Criminal Appeals Judge Elsa Alcala sounds hopping mad. [read post]
28 Dec 2018, 7:00 am
Instead, it's a function of which indigent defendants have access to counsel to challenge bad evidence in their cases.Judge Elsa Alcala on the Court of Criminal Appeals has suggested the Legislature should extend the right to counsel to habeas corpus proceedings in ineffective assistance of counsel cases. [read post]
28 Nov 2014, 10:01 am
Villareal which declared Texas' mandatory-blood draw statutes in DWI cases unconstitutional, following the US Supreme Court's McNeely decision.Judge Elsa Alcala wrote the substantial majority opinion disallowing mandatory blood draws while Judges Keller and Meyers authored brief, rather perfunctory dissents holding that Texas' statutory exceptions should be upheld as reasonable under the Fourth Amendment. [read post]
12 Mar 2017, 1:08 am
Judge Elsa Alcala also contributed to that number. [read post]
23 Apr 2020, 9:54 am
Judges may simply ignore the executive order with full confidence that it cannot be enforced.And they should.RELATED: On Twitter, Judge Elsa Alcala opined, "Have they met the GAW faction of the CCA? [read post]
13 Jun 2017, 4:42 pm
See also Judge Elsa Alcala's dissent from the Buck case, which was received more favorably by justices on SCOTUS than by her colleagues on the Court of Criminal Appeals. [read post]
18 Mar 2014, 6:49 am
Those junk science cases are considered more likely to be easily approved, while the Robbins case - which involves an ME who gave erroneous testimony and changed her opinion after she learned more science - is considered the first test case that will provide an indication how the CCA will interpret the new writ.See an amicus brief from the Innocence Project of Texas and prior, related Grits coverage:Texas' new junk science writ called 'elegant' and 'phenomenally important'Backstory:… [read post]
24 Oct 2016, 5:21 am
I'd rather not elect them at all, but if we must, combining Texas' high courts might at least improve this prostrated process.MORE: On Twitter, Judge Elsa Alcala notes that she and Texas Supreme Court Chief Justice Nathan Hecht similarly support merging Texas' two high courts. [read post]
3 Jun 2015, 6:06 pm
Judge Elsa Alcala read aloud from the bench the senate bill analysis specifically declaring the bill's intent was to codify their decision.There was some grumbling, though, particularly from Judge Sharon Keller, that the Legislature couldn't interpret its own statutes post hoc, though the sort of verbal commentary about intent she was describing is quite different than the formal act of passing a second law codifying a court's interpretation of a first one. [read post]
25 Mar 2017, 6:37 am
It's also what's been touted for five decades as the essence of conservative judicial philosophy, which the CCA majority has here abandoned.The Court is supposed to go beyond the text of the statute for interpretation only when the language is ambiguous or would lead to absurd results, Judge Alcala observed. [read post]
7 Nov 2012, 6:22 am
On the Court of Criminal Appeals, Presiding Judge Sharon Keller and Judges Barbara Parker Hervey and Elsa Alcala each prevailed in their respective races. [read post]
9 Sep 2011, 6:02 am
Though Judge Sharon Keller will (likely) be on the same ballot, Hampton for some reason chose rookie CCA incumbent and recent Perry appointee Elsa Alcala as his target. [read post]
6 Jun 2012, 4:58 am
As Judge Elsa Alcala said at that May hearing, the evidence is "not overwhelming; it's circumstantial," and DNA has sometimes proven men innocent when circumstantial evidence seemed overwhelming. [read post]
2 Jun 2019, 8:10 am
Huffman’s interference did not sit well with Elsa Alcala, a former Republican judge on the Texas Court of Criminal Appeals, who said that the removal of the pretrial hearing procedures means the bill “does nothing. [read post]
27 Jun 2017, 7:09 am
And five members of SCOTUS have now enshrined that perverse outcome into law unless the Legislature or state courts seek to change course.The outcome reinforces the outcry from Judge Elsa Alcala in a separate case in which she called for providing counsel for state habeas claims in a notable dissent. [read post]
17 Nov 2016, 7:43 am
Here are a few odds and ends to clear Grits' browser tabs of brief items which merit readers' attention:Report confronts sexual assault in Texas prisonsGrits will have more on this soon, but for now here's the link to a new report from the Texas Association Against Sexual Assault and the Prison Justice League on sexual assaults in Texas prisons - one of the first in-depth looks at the issue since Texas agreed to comply with the federal Prison Rape Elimination Act.TX eyewitness reform… [read post]
