TJCTC Updates 1.16.2025

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Online Training and Resources

This edition of Updates is relatively light on content, but we wanted to make sure to share a few online training resources this week.

It has been a delight seeing judges and court staff as we kicked off the new academic year, and we are all looking forward to seeing more of you and the constables and deputies as we hold more conferences over the next few months.

As always, we hope you have a great week and stay warm out there!

Constable Corner

Law Enforcement Policy Trends

As policies change with the times, it is important for agencies to stay up-to-date. Lexipol recently posted their 5 Policy Trends for Law Enforcement Leaders in 2025 tip sheet to their blog, highlighting critical areas where agencies must adapt to remain effective and resilient. 

Read the blog post: https://www.lexipol.com/resources/blog/law-enforcement-policy-trends-to-watch-in-2025/

NCSC Webinar – Tech for All: Applications of AI to Increase Access to Justice – Wednesday, January 29 at noon

Join NCSC staff and guest presenters to explore the potential of artificial intelligence (AI) in enhancing access to justice for underserved communities.

Wednesday, January 29, 2025, from noon – 1 pm

Presenters will discuss how they are safely and effectively leveraging new technologies to make the legal system more accessible. Participants will learn about practical applications of AI and discover the potential for democratizing access to legal information for increased participation in court cases and proceedings. The presenters will also share compelling case studies that demonstrate how AI can directly assist individuals seeking justice.

By the end of this webinar, participants will be able to:

  • Assess the potential benefits of implementing self-help AI solutions
  • Understand the complexity and cost of developing and implementing a self-help AI tool, including the skillsets and resources necessary
  • Describe the building blocks for a self-help chatbot

Register: https://zoom.us/webinar/register/WN_ZUPPIm9pQLiEo5aV-UR30w?utm_campaign=646908_Tech%20for%20All%3A%20Applications%20of%20AI%20to%20Increase%20Access%20to%20Justice&utm_medium=email&utm_source=newsletter&utm_content=v-0&dm_i=7L57,DV5O,4VW08I,23BMQ,1#/registration

NCSC Online Course in Support of National Human Trafficking Prevention Month

New online course connects courts with CDL drivers in the fight against human trafficking.

A new NCSC course gives courts an opportunity to connect with Commercial Driver’s License (CDL) holders to raise awareness about human trafficking.

CDL Drivers and Courts: On the Road to End Human Trafficking is a free, 45-minute, interactive, self-paced online course developed by NCSC Creative Learning Services (CLS).

Courts are encouraged to share messaging about the course in notices or public information geared toward CDL drivers. Course completion may also be court ordered as an appropriate sentence requirement or condition of probation, parole, or community service.

“With about 8.7 million commercial motor vehicle drivers in the U.S., this initiative provides an opportunity to reach a significant number of commercial drivers with information to help them detect and report human trafficking,” said Derek Felton, NCSC CLS director. “State courts and judges can actively participate by promoting the course and reinforcing certain messaging at various CDL holder touchpoints.”

The course covers essential signs of trafficking, discusses how to report suspicious activity, and provides insights into potential victims, perpetrators, and common trafficking locations.

How courts can help

Additional resources available to courts and justice system partners to help raise awareness include a judicial bench card, a reference card for prosecutors, digital signage content, social media graphics, and flyers and rack cards.

Felton encourages courts to begin supporting the CDL Drivers and Courts initiative this month, which has been designated National Human Trafficking Prevention Month.

To learn more about the course and access the implementation guide and resources, visit ncsc.org/cdlhtainfo

Video Series from Austin Young Lawyers Association – Did you miss it last year?

Austin Young Lawyers Association has launched “How to Pick Jurors for Your Trial in Justice Courts and Municipal Courts” video series. AYLA received a Texas Bar Foundation grant to produce these educational series for pro se litigants. The video project made possible with the support and efforts of the Travis County District Clerk.

This is a great resource to share with self-represented litigants who have questions about the trial process, especially jury selection.

You may also notice a special appearance by your colleague, Judge Sylvia Holmes. 

Here is the link to the series: https://lnkd.in/eEpgdFdu


Do you have questions about this update or have something we should share? Please email Amber Myers at a_m1814@txstate.edu with any questions or content to share.

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Educational Opportunities October 2024

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Judges, Constables, and Court Personnel,

We have several exciting education opportunities to share with you.

State Bar of Texas Justice Court Section Webinar

Obscure Issues in Justice Court

Friday, October 25, 2024, Noon CDT

Presenters: Rebecca Glisan, TJCTC Director of Curriculum, and Judge Sylvia Holmes

This session will offer 1 hour MCLE credit. After registering, you will receive a confirmation email with a link to join the webinar.

This course will cover various tricky issues that may arise in justice courts. Topics will include peace bonds, discovery, alternative service, and more.

Registration Link: https://us06web.zoom.us/meeting/register/tZUud-2orjwqGNz0DIi-jcIE18oy569CDdKe#/registration

TJCTC Webinars

Coming Soon Inquest Webinar Series November 12-15. Mark your calendars, the full schedule will be coming out next week. Topics will include missing migrants, unidentified bodies, suicide deaths, organ and tissue donation, and more!

National Center for State Courts (NCSC) Webinars and Resources

Cybersecurity

October is Cybersecurity Awareness Month, a great time to take a look at the training and resources that NCSC has available on the topic.

Link: https://www.ncsc.org/consulting-and-research/areas-of-expertise/technology/cybersecurity?utm_campaign=582857_%40the%20Center%20October%202%2C%202024&utm_medium=email&utm_source=newsletter&utm_content=v-0&dm_i=7L57,CHQH,4VW08I,1VTZN,1

Other Upcoming Webinars (including topics like Artificial Intelligence, Civil Diversion Programs, Behavioral Health, and Developing a Leadership Culture)

Link: https://www.ncsc.org/consulting-and-research/webinars

2024-2025 In-Person Education Event Schedules Released

Did you notice that our website has been updated with all of the 2024-2025 Upcoming Conferences and Workshops? Take a look at “Education Events” under your tab (Judges, Court Personnel, Constables) to see where our programs will be held this year. Look for a brochure online and in your mailboxes soon!

Registration Dates:

Justice of the Peace Registration – Open now!!!

Note, several of the in-person conferences have filled, but we still have more than 225 spaces available for judges to get at least 10 hours of their education in person. Log on ASAP to secure your spot or get on a waitlist for one of the full programs.

Court Personnel Early Registration (ONLY for clerks who were not able to attend a conference this year) – October 22

Eligible clerks will be emailed a special link for early registration. 

Regular Court Personnel Registration – October 28

Civil Process Registration – November 5

Judicial Education Requirements

Did you have to rush to complete last minute requirements this year? Check out this page on our website to make sure you know exactly what you need for this academic year that began on September 1, 2024: https://www.tjctc.org/justices-of-the-peace/education-requirements.html

Constable Education Requirements

This is the last year of the 4-Year TCOLE Training Cycle (9/1/21-8/31/25). Make sure if you are an Elected Constable, you are able to log on to register if you haven’t yet completed your 1415 Civil Process requirement. We are working hard to ensure that all elected constables are able to get into our programs, but space in your preferred program might fill early! This year we will have programs in Galveston, Austin, El Paso, and virtually. You can view the dates on our website: https://www.tjctc.org/civil-process/education-events.html

Please feel free to reach out to us if you have questions. Laura Villarreal at lv13@txstate.edu is your point of contact for registration. 

If you have questions about your other TCOLE Requirements, you can likely find the answer on the TCOLE Website: https://www.tcole.texas.gov/content/training-requirements.

Constable Corner – Free Online Training

Constables and deputies, are you looking for some free, online training? Lexipol produces some interesting webinars on hot topics that they provide for free on their website. One of the recent issues discussed was use of force. Take a look for yourself – https://www.lexipol.com/resources/webinars/.

More Training Opportunities

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Hello Everyone!

We have a few more training opportunities over the next few weeks to share with you.

Make sure to scroll all the way to the bottom, so you don’t miss anything!

Online Addiction Response Training for Justice Professionals

All Rise is sharing a free training opportunity from the Addiction Policy Forum. Criminal Justice Responding to Addiction is a three-hour training designed to help justice professionals and organizations support their communities by increasing knowledge about addiction and developing response skills and strategies. The training is on Friday, July 26 from 11:00 am – 2:00 pm Central, and a certificate for continuing education credit will be available. Register here: https://us06web.zoom.us/webinar/register/WN_WXdq6_TzTmG71N5n2oC9HA#/registration

Fairness Challenge Pilot Program

Do you want to make your court more fair for the litigants that you serve? You may want to join the LaGratta Consulting’s Fairness Challenge Pilot Project. They are looking for courts to join in a 9-month project to increase fairness in their court. This is a great opportunity to receive assistance both virtually and in-person from nationally recognized court experts. More information about the project can be found here: https://static1.squarespace.com/static/5d260fabfdbd0000011668cb/t/669539eeb7411f4b39b9962b/1721055726053/Pilot+Site+Announcement%2C+Fairness+Challenge+Pilot+7.15.2024.pdf

National Highway Traffic Safety Administration (NHTSA) Courses

August 7, 2024, online webinar: Harnessing Technology to Monitor Substance Use in Impaired Driving Cases”

November 4 – 7, 2024, in-person course, Reno, NV; The Traffic Case: A Course for Nonlawyer Judges

December 4, 2024, online webinar: Impaired Driving 2024: What’s New?

Visit the NJC website at http://www.judges.org for registration information and for a full list of the NJC’s courses.

Constable Corner

Are you looking for online training updates? Lexipol offers a great number of free webinars and other resources for law enforcement. These resources are a great compliment to your civil process training from TJCTC, as they cover other topics that we do not teach and that may not always be available in-person for your offices.

Check out The Briefing from Lexipol for updates on new training.

 

Happy training!

-Thea & the TJCTC Team

TJCTC Updates 5.30.2024

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Hello Judges, Clerks, Constables, & Deputies,

We have training opportunities and resources to share with you in this last eblast this month. We hope you are enjoying your summer so far!

Court Personnel Exams Open!

The spring edition of the court personnel exams are now open! Take your open book exam online with TJCTC’s virtual proctoring program. The exams will be open until June 19th. Register by June 14th to take exams during this timeframe. To learn about the exam and register now, visit our court personnel certification page: https://www.tjctc.org/court-personnel/clerk-certification-program.html For questions, email Jessica at jessforeman@txstate.edu.

What is the clerk certification program?

The Justice Court Clerk Certification Program allows experienced justice court clerks to demonstrate their knowledge of statutes, procedures, and ethical guidelines applicable to Texas justice courts. Justice court clerks who pass an examination receive certification as a Certified Clerk or a Master Certified Clerk. The Texas Justice Court Training Center creates and administers all exams.

Texas DSHS Training on Mass Fatalities

Wednesday, July 17, 2024

Location: Southwest Texas Regional Advisory Council (STRAC), 7500 W US Highway 90 1-200, San Antonio, Texas 78227

This in-person seminar will cover the topic of Mass Fatality Management in Public Health Region 8. Presentations will be given by the following agencies: American Red Cross, Bexar County Medical Examiner’s Office, Medicolegal Authority/Justice of the Peace, Texas Department of State Health Services Region 8, Texas Funeral Directors Association and Texas Mass Fatality Operations Response Team (TMORT).  When the presentations are completed, the speakers will form a panel and a question-and-answer session will occur to provide attendees the opportunity to ask questions or seek clarification for issues not addressed during the lectures.

For more information and to register, visit the DSHS website.

 

Impaired Driving Taskforce DWI Summits hosted by The Texas Center for the Judiciary

The DWI Summits bring judicial education to smaller communities around the state. Come learn about:

  • Case Law Updates (including mandatory traffic fines)
  • Back to Basics: DWI Sentencing
  • Ignition Interlock
  • Occupational licenses
  • Pre-trial issues

The program is open to County Judges, County Court at Law Judges, District Judges and Justices of the Peace. Programs begin at 10 a.m. and conclude by 3 p.m. Lunch is provided. Please check with your judicial education organization regarding reimbursement.

June 27 at the Courtyard by Marriott

3955 North Expressway 77/83

Brownsville, TX 78520

July 11 at the Marriott El Paso

1600 Airway Blvd

El Paso, TX 79925

Email hollyd@yourhonor.com if you would like to attend or need more information. 

Free Lexipol Webinar for Law Enforcement

Every Day Is a Training Day: The Value of Daily Training on Policy

Thursday, May 30 | 1 pm Eastern

Presented by: Chief (Ret.) Mike Ranalli and Battalion Chief (Ret.) Bruce Bjorge

When first responders are operating in the field, they are often required to make quick decisions. As a public safety leader, you hope your personnel have been trained on both policy and practice and you trust they are making sound decisions. However, there are times when your personnel encounter unfamiliar scenarios — situations that are low frequency but high risk.

Join Chief (Ret.) Mike Ranalli and Battalion Chief (Ret.) Bruce Bjorge, as they discuss how using Daily Training Bulletins (DTBs) can help ensure your personnel are not only reviewing agency policy but also receiving regular training on your agency policy.

You’ll learn:

  • The legal and cultural reasons training requirements exist.
  • How DTBs can be one of the most versatile tools in your training toolbox.
  • How to identify which training needs can be met by DTBs and which can’t.
  • How Lexipol’s Policy Management solution can help to fulfill your policy training needs.

Register today!

Registration is free. Can’t make it? Register anyway and Lexipol will send you a link to the recording after the event.

 

NCSC Webinar – Courageous Conversations

Wednesday, June 12

Courageous conversations are fundamental to effective leadership. As a leader, conversations with your team, colleagues, and even supervisor can, at times, be challenging to navigate. It is through the careful navigation of these conversations that one can foster positive relationships and ensure effective communication.

In this episode of Navigating Leadership, Sara Grondahl, Human Resources Director for the Alaska Court System, will discuss familiar challenges and barriers to effective communication and leave you feeling empowered with a toolbox of skills and strategies that will allow you to confidently put courageous conversations into practice.

Register Today!

Future sessions of this series include:

  • July 10 – Effective Leadership Teams
  • August 14 – How to Get and Give Good Feedback
  • September 11 – What Does Leadership Mean to You?
  • October 9 – Transitioning to a New Leadership Role
  • November 13 – Developing a Leadership Culture

Visit ncsc.org/leadershipseries for more information and to access sessions on demand.

Mental Health Resources

To round out Mental Health Awareness Month, the JCMH Collaborative Council recently shared the following resources for county officials involved in Mental Health Committees/Councils/Workgroups. Several may be helpful in rural areas, especially to get grant funding or loan forgiveness programs started for mental healthcare workers.

State Office of Rural Health Resources

This is a great resource for rural judges to share with their local partners who work in the mental healthcare. SORH works to support rural health providers by providing technical assistance with finance, operations, and quality through a variety of grant programs, workshops, and one-on-one assistance.  Additional resources include educational awards that are available to individual clinicians and health care institutions, information and referral, funding resources, and assistance with medical license applications.

Visit their website

 

 Mental Health Professionals Loan Repayment Program 

Mental health professionals practicing in a Mental Health Professional Shortage Area (MHPSA) and providing services to recipients under a medical assistance program, may be eligible for a loan repayment award between $10,000 and $160,000, depending on your practice specialty.

If this sounds like it applies to professionals in your county, check out their website.

Department of Health and Human Services Loan Repayment Program 

This is another grant opportunity for mental health and substance abuse professionals who work in underserved areas.

If this sounds like it applies to professionals in your county, check out their website.

Save-the-Date for the Annual JCMH Summit

Please join the Texas Judicial Commission on Mental Health (JCMH) for the 2024 Judicial Summit on Mental Health taking place November 21 – 22, 2024, at the Marriott Dallas Allen Hotel & Convention Center in Allen, Texas.

JCMH is also accepting session proposals if your court or another county program is doing something that you would like to share with stakeholders around the state.

Visit the JCMH website for details and more information.

 

We hope you found something helpful in this update. See you at a program soon!

– Thea & the TJCTC Team

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TJCTC Updates 5.9.2024

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Hello Judges, Constables, Deputies, & Court Staff,

How is it already May?! As you gear up for summer, we wanted to share upcoming training opportunities, grants, a new “Legal Question of the Month” feature, and of course more resources for your courts and offices.

Legal Question of the Month

Do I have to appoint a receiver?

No. You don’t have to appoint a receiver or issue a turnover order under Civil Practice and Remedies Code 31.002. However, you must consider applications for this relief and make your decision based on the application and case at hand. You should not have a blanket policy that you never issue receivers. Here is a snippet from some caselaw on the topic:

“Although subsection (a) of the statute uses the word ‘entitled,’ the use of ‘may’ in subsection (b) makes the remedy discretionary.” See Barlow v. Lane, 745 S.W.2d 451 (Tex. App. 1988), Beaumont Bank N.A. v. Buller, 806 S.W.2d 223 (Tex. 1991).

“We review the trial court’s decision for an abuse of discretion…whether there is evidence to support the decision is a relevant consideration. The ultimate question, however, is whether the court acted in an unreasonable or arbitrary manner or without reference to any guiding rules.” See Beeler v. Fuqua, 351 S.W.3d 428 (Tex. App. —El Paso 2011).

What this means is that if you just have a general rule that you don’t like receiverships and you don’t want to do them, you are probably abusing your discretion. However, if you review the applications closely or have some other reason not to grant the application and are not denying the judgment debtor other ways to collect their judgment (writ of execution, turnover order, etc.), then you can deny an application for a receiver. It would also make sense that if a particular receiver has acted improperly before, that you might have reason not to appoint them (just like if you no longer trust a process server, because they provided false information in a return).

The Ft. Worth Court of Appeals just ruled about a court using their discretion to deny the appointment of a receiver using the following logic:

“Employer’s attorney’s affidavit, in which she conveyed her ‘understanding’ that former employee owned nonexempt assets, ‘including bank accounts, income, personal property, and interest in real property,’ was not competent evidence of employee’s ownership of nonexempt property as would support issuance of turnover order to satisfy employer’s judgment against employee, because the affidavit showed no personal knowledge, and attorney’s recitation of her ‘understanding’ was conclusory.” Vaccaro v. Raymond James & Associates, Inc., 655 S.W.3d 485 (Tex. App.-Fort Worth 2022).

The Houston Court of Appeals ruled similarly:

Presenting some evidence of right to turnover relief and showing nonexempt status of judgment debtor’s remaining funds does not automatically mandate trial court to order turnover of funds to judgment creditor; rather, trial court has discretion to consider other relevant factors such as ability of judgment debtor to meet living expenses if turnover relief is granted. Brink v. Ayre, 855 S.W.2d 44 (Tex. App.—Houston [14th Dist.] 1993)

Grant Opportunities

We know that coming up with the necessary funding isn’t always easy. The Texas Association of Counties (TAC) shared a few grant opportunities for courts and rural county officials last month that we wanted to pass along.

Rural Mental Health Grant

Selected Grant Opportunities

Upcoming Training

Ask about Suicide to Save a Life (AS+K) Virtual Training

The Health and Human Services Commission is hosting a training on May 15 from 9:00 a.m. – 12:00 p.m. CDT on warning signs, clues and suicidal communications of people in psychological distress, and the actions to take to prevent a possible tragedy. Capacity is limited and pre-registration is required. RSVP at suicide.prevention@hhs.texas.gov

 

Justice Court Section Webinar – Civil Trial and Pretrial Rules and Practice in Justice Courts

Presenter, Rebecca Glisan, TJCTC Director of Curriculum & Staff Attorney

This course will cover some of the specific rules and common issues that arise in justice courts related to jury and bench trials as well as pre-trial motions and hearings. Topics will include continuances, mediation and agreed orders, summary disposition, discovery, evidence, development of the facts of the case, preparing the jury, and more.

Friday, May 17, 2024 from noon – 1:00 pm

Registration Link:  https://us06web.zoom.us/meeting/register/tZ0uf-qprTwiEt0SfYLrJi12yZMulvcVHzA9%20#/registration

 

 Free Lexipol Training for Law Enforcement

One of the top-national law enforcement training organizations, Lexipol, has partnered with Dak Prescott’s Faith, Fight, Finish Foundation to offer some free training for law enforcement. This could be helpful to constables and deputies looking for additional training to complete all of their TCOLE requirements.

https://cycle.lexipol.com

Recording For Credit Posted

Mental Health Resources for Judges

TLAP helps judges with issues related to substance use or mental health disorders and maintains a list of volunteer judges who are interested in providing support to peers in crisis. This class will feature a discussion with TLAP and the resources available for judges dealing with issues such as vicarious trauma. The handouts for the course are also attached to his email.

Click here to view the recording

Sequential Intercept Model Mapping Opportunity

Texas Health and Human Services (HHSC) has published the Fall 2024 Sequential Intercept Model (SIM) mapping workshop application for communities interested in working with the HHSC Office of Forensic Coordination to map local behavioral health, criminal justice, or juvenile justice systems and develop action plans. The application deadline is May 17, and the application and more information about the SIM process is available at on the HHSC website.

Mental Health Awareness Month

This month is Mental Health Awareness Month, so we compiled the resources in the following newsletter for you to use throughout the month to bring awareness to the topic that so-often comes up in your courts.

You can also find additional news about the intersection of mental health and courts at JCMH News.

Mental Health Awareness Month 

We hope that you find these resources helpful and enjoy the warmer weather!

– Thea and the TJCTC Team

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TJCTC Updates 4.22.2024

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Judges, Constables, Deputies, and Court Staff,

We have a lot to share this week – webinars, modules, caselaw, and more. Make sure to scroll all the way down!

 

TJCTC Webinar – Mental Health Resources for Judges

TLAP helps judges with issues related to substance use or mental health disorders and maintains a list of volunteer judges who are interested in providing support to peers in crisis. This class will feature a discussion with TLAP and the resources available for judges dealing with issues such as vicarious trauma.

Thursday, May 2, 2024 from 2:00 – 3:00 p.m.

Registration link: https://txstate.zoom.us/webinar/register/WN_PcBlRuUQQlatRObdzcHpiw#/registration

 

Justice Court Section Webinar – Civil Trial and Pretrial Rules and Practice in Justice Courts

Presenter, Rebecca Glisan, TJCTC Director of Curriculum & Staff Attorney

This course will cover some of the specific rules and common issues that arise in justice courts related to jury and bench trials as well as pre-trial motions and hearings. Topics will include continuances, mediation and agreed orders, summary disposition, discovery, evidence, development of the facts of the case, preparing the jury, and more.

Friday, May 17, 2024 from noon – 1:00 pm

Registration link: https://us06web.zoom.us/meeting/register/tZ0uf-qprTwiEt0SfYLrJi12yZMulvcVHzA9%20#/registration

 

Financial Literacy Month

In addition to stress awareness month, April is also Financial Literacy Month. We put together a list of resources for you to share with your communities on financial literacy. Click on the link below the flier to open in a browser.

Financial Literacy Month

 

Fair Housing Month and Fair Housing Act Module

April is also Fair Housing Month. In recognition of this month, the National Center for State Courts has released a self-paced module all about the Fair Housing Act.

 

Hybrid Hearings Initiative Resource

The National Center for State Courts recently released this resource after the last few years of researching the best practices for hybrid hearings.

 

CDL Case Resources

Whether you handle a large caseload of CDL cases or just one every-so-often, the National Judicial College has created a website full of resources just for you. Bookmark https://cdlresources.org/ to prepare for your next CDL case.

 

Upcoming Court Security Training in Williamson County

Williamson County Justice of the Peace Precinct 3 and the Office of Court Administration are partnering to host an in-person court security training at the end of May. Details are below, and a flier is attached to this email if you are interested.

May 22, 2024 from 9:00 am – 4:30 pm

100 Wilco Way, Georgetown, TX 78626

Fill out this form to RSVP, space is limited.

For questions or more information, please email cherie.vasquez@wilco.org.

 

Lexipol Webinars

Constables and deputies, are you looking for some free, online training? Lexipol produces some interesting webinars on hot topics that they provide for free on their website. One of the recent issues discussed was use of force. Take a look for yourself – https://www.lexipol.com/resources/webinars/.

 

Caselaw Updates

Martinez v. State

Issue: Can officers open an abandoned cell phone at a crime scene to view non-electronic identifying information [example: international mobile equipment identification (IMEI) number] to use to obtain a search warrant for the phone’s digital data?

Holding: Yes. “The police did not have to obtain a warrant to obtain the phone’s IMEI number from its interior SIM tray before securing a warrant to view the phone’s digital contents. The IMEI number allowed the police to describe the phone with the particularity required to obtain the warrant, and to hold otherwise would impede the ability of police officers (and good Samaritans) to attempt to determine a cell phone’s ownership by checking its nondigital identifiers … Further, by fleeing, Martinez abandoned any reasonable expectation of privacy in the IMEI number when he dropped the phone at the crime scene—a place he had no right to be.”

Why did we share this with you? This decision is helpful to both law enforcement officers and magistrates who issue search warrants. It is comprehensive, and if you handle either requesting search warrants or signing search warrants, it is worth a read.

Ex Parte Segovia

Issue: Did the trial court abuse its discretion by denying the defendant’s request for bail reduction and failing to consider the public safety report?

Holding: No. “After considering all the statutory and judicial factors relevant to setting bail, we conclude that the trial court did not abuse its discretion in denying [the defendant’s] application seeking a reduced amount of bail.” Regarding the public safety report, the Court noted that the defendant did not raise the issue until his appeal, and the Court may not consider issues that were not raised in his application and addressed by the trial court. The Court went on to say that “even if [the defendant] had presented the public safety report issue and preserved it for our review, [the defendant] does not identify how the trial court’s alleged failure to consider the report caused him harm. As such, he has not met his burden to establish his entitlement to the extraordinary relief of habeas corpus.”

Why did we share this with you? This is another case shortly after the Court of Criminal Appeals issued its opinion in Ex Parte Gayosso. The issue of public safety reports in bail cases are a hot topic that we will continue to see cases on.

 

As always, we look forward to when we see you next!

Thea & the TJCTC Team

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