a defendant was Fugitive for 7 months. He was arstd and now wants a pretrial mts on statments. I am looking for authority for my judge to deny holding a mts and run the jackson v. denno with the trial.

If there is an issue regarding voluntariness, then Court should hold a Jackson v. Denno hearing outside the presence of the jury. If the defendant adduces evidence creating a voluntariness fact-issue in front of the jury, then he also gets a jury charge.

Running doesn't forfeit your right to a hearing outside the presence of the jury on your confession . . . that is more a matter of whether you get to stay on bail, and how much bail there should be, don't you think?

If the MTS issue is something other than voluntariness of the statement there is plenty of authority that the trial court is not required to have a pre-trial hearing.

Calloway v. State, 743 S.W.2d 645, 649-50 (Tex. Crim. App. 1988); Moore v. State, 700 S.W.2d 193, 205 (Tex. Crim. App. 1985) (trial court has no obligation to grant pre-trial hearing on a motion to suppress); Writt v. State, 541 S.W.2d 424, 425-26 (Tex. Crim. App. 1976); Bosley v. State, 414 S.W.2d 468, 470 (Tex. Crim. App. 1967) (nothing in article 28.01 of the Code of Criminal Procedure required the trial court to hold a pre-trial hearing on defendant�s motion to suppress); Hodnett v. State, No. 05-01-01323-CR, 2002 WL 31845821 at *5 (Tex.App. -- Dallas December 20, 2002, pet. ref�d) (not designated for publication)

NB: The State cannot appeal a MTS that is granted after jeopardy attaches. See CCP art. 44.01(a)(5).

You might be able to appeal a MTS granted before trial if you still try the case and win with other evidence and then cross-appeal.