The following are summaries of selected criminal opinions issued by the Third Court of Appeals in November 2023. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. Subsequent histories are current as of May 1, 2024.
EVIDENCE ADMISSIBILITY – PENDING LAWSUITS FILED BY DEFENDANT: Trial court did not abuse its discretion in admitting evidence of defendant’s pending federal lawsuit filed against county.
Martinez v. State, No. 03-22-00207-CR (Tex. App.—Austin Nov. 30, 2023, pet. ref’d) (mem. op., not designated for publication).
Martinez was convicted of the offense of possession of a controlled substance with intent to deliver.
During the punishment phase of trial, the trial court admitted evidence of a pending federal lawsuit that Martinez had filed against Comal County. The lawsuit complained of conditions at the county jail such as “hard” drinking water and lack of adequate heating, and asked for $1 million in damages.