Search for: "Elsa Alcala" Results 41 - 60 of 77
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3 Jan 2016, 5:00 am by Gritsforbreakfast
But the state claimed the public walkway outside an apartment was fair game.Five of the nine CCA judges, led by Judge Elsa Alcala, disagreed (read her majority opinion). [read post]
16 Dec 2013, 2:01 pm by Gritsforbreakfast
See Judge Elsa Alcala's opinion (pdf) on behalf of the majority, a concurrence (pdf) from Judge Tom Price, and a dissent (pdf) from Judge Lawrence Meyers.The case - Wehrenberg v. [read post]
9 Apr 2016, 7:58 am by Gritsforbreakfast
As justice systems state by state grapple with the myriad issues raised by flawed forensics, which are only beginning to dawn on front-line practitioners, one strongly suspects Texas and California won't be the last to expand habeas corpus in this fashion.See prior, related Grits posts on Texas' junk science writ:Court of Criminal Appeals judges call out colleagues for judicial activism on TX junk science writ Abbott signs bill codifying broad reading of Texas' junk science writ… [read post]
13 Jan 2018, 7:22 am by Gritsforbreakfast
Court of Criminal Appeals Judge Elsa Alcala has suggested extending the right to counsel in habeas proceedings to non-capital cases in order to pursue ineffective assistance claims. [read post]
10 Dec 2016, 7:22 am by Gritsforbreakfast
A recent dissent from Court of Criminal Appeals Judge Elsa Alcala demonstrated how and why problematic ID practices have been allowed to continue by Texas courts even after reform legislation had passed. [read post]
29 Jul 2018, 6:45 am by Gritsforbreakfast
On the Court of Criminal Appeals, Judge Elsa Alcala has been calling for a legislative fix on ineffective assistance of counsel, which for the most part can only be challenged via habeas-corpus writs where defendants do not have access to an attorney. [read post]
12 Jul 2017, 9:24 am by Gritsforbreakfast
The Texas Court of Criminal Appeals last month issued an opinion in Ex Parte Mark Bowman, with a dissent from Judge Elsa Alcala, that caught Grits' eye - not because of the issues being decided in the case but thanks to the underlying fact pattern evinced in the discussion.At issue was a 2004 DWI in Houston and whether the defense counsel was alleged to be ineffective. [read post]
11 Jan 2019, 2:42 pm by Gritsforbreakfast
And they should take Judge Elsa Alcala's advice to fund counsel for indigent defendants filing habeas corpus writs related to ineffective assistance of counsel. [read post]
25 Feb 2018, 11:30 am by Gritsforbreakfast
There's a three way race for an open seat to replace Judge Elsa Alcala. [read post]
21 Sep 2010, 5:37 am by Jeff Gamso
Justice Elsa Alcala pointedly asked Babcock what they should do if they found the Commission's decision was "erroneous" but not "void. [read post]
29 May 2018, 10:19 am by Gritsforbreakfast
"Notably absent from this portion of the hearing was the criminal-defense bar, who apparently don't mind letting prosecutors' representatives define their problems for state legislators.Testimony the Committee should have receivedAlthough it's possible she couldn't do so because of conflict with judicial duties (even though legislators won't legislate again until after she's off the court), I found myself wishing Judge Elsa Alcala had been invited… [read post]
24 Oct 2013, 8:48 am by Gritsforbreakfast
Judge Elsa Alcala asked if there were any "pattern" to Salvador's misconduct, e.g., if his work had been satisfactory in the beginning and then some event changed his behavior. [read post]
16 Apr 2012, 10:57 pm by WOLFGANG DEMINO
Justice Elsa Alcala, a member of the original panel, was no longer on the Houston Court to revisit the issues on motion for re-hearing due to her elevation to the Texas Court of Criminal Appeals by gubernatorial appointment. [read post]
19 Jan 2019, 6:38 am by Gritsforbreakfast
In other, related, news, I already miss Judge Elsa Alcala's voice on the court.'Dead Suspect Loophole' in Public Information Act decriedIn Austin, several recent cases have brought to light what local media are calling the "Dead Suspect Loophole" in the Texas Public Information Act. [read post]
24 Sep 2016, 5:04 am by Gritsforbreakfast
But four members of the CCA - Keller, Hervey, Keasler, and Yeary - have used every trick in the book to keep the court from interpreting the new law, causing Judge Elsa Alcala to lambaste them for disingenuity. [read post]
8 Dec 2011, 8:49 am by Gritsforbreakfast
Hampton had originally announced he'd run against rookie incumbent Judge Elsa Alcala, but switched races in order to challenge Keller (or Meyers if he upsets her in the primary).Judge Keller, the self-styled, "pro-prosecution" judge, has so much baggage coming in it'd be hard to know where to attack first. [read post]
21 Jun 2011, 5:15 am by Gritsforbreakfast
Yesterday in an analysis of rulings by new Texas Court of Criminal Appeals Judge Elsa Alcala, Grits described "an opinion overturning a conviction of a Harris County Sheriff's deputy involving a telemarketing scam run on behalf of the union, using a much more defense-oriented analysis of sufficiency of the evidence than any average, non-officer defendant should ever expect to receive from her. [read post]
21 Sep 2010, 7:15 am by Steve Hall
A Conroe appellate judge will sit on a special court of review to hear Texas Court of Criminal Appeals Justice Sharon Keller’s motion to overturn a reprimand for her handling of an execution-day appeal.Justice Charles Kreger, of the 9th state Court of Appeals, was selected, along with 2nd state Court of Appeals Justice Terrie Livingston and 1st state Court of Appeals Justice Elsa Alcala, to hear Keller’s motion to dismiss a public warning the State Commission on… [read post]
15 Apr 2020, 9:53 am by Neal Davis
” Similarly, Elsa Alcala, a longtime judge on Texas’ highest criminal court, asked Harris County Judge Lina Hidalgo in a letter dated April 6 to decrease foot traffic in the county courthouse. [read post]