I just want to make sure we do this right for the murder case we are starting this morning. Offense occurred May of 2007. HB 1678 that takes away probation for murder has an effective date of Sept 1, 2007, but it applies only to those being placed on probation after that date, regardless of the date of the offense.

That wording seems strange for this part of the bill. So, our guy is NOT eligible, right?

THanks.

I would apply that change only to offenses on or after the effective date to be safe. I had a June 2007 murder that I tried in 2008 where the jury was given probation as an option.

That's an interesting issue. The ex post facto prohibitions in the Constitution prevent you, among other things, from increasing the penalty for an offense after it is committed. The question then becomes whether removing probation eligibility is really an increase in punishment. Another issue I see is what if the defendant actually gets probation for one of these but isn't entitled--does that make his sentence void for illegality? The answers are probably out there already.

The effective date provision is nonsensical as applied to the change in law regarding probation eligibility for murder. That's because it was likely a last-minute add-on rather than a thought out addition. If anyone had thought about it, it would have said that it only applied to crimes committed on or after the effective date.

Best solution is: only apply the new rule to crimes committed on or after 9/1/07. If jury is going to give probation for murder, you have bigger problems anyway.

What? There are no "he needed killin'" cases in Williamson County?

I just wanted to pust an update. Thanks to the great advice from Shannon and those of you on here, we went ahead and gave the jury the option of probation and they came back with 20 years.

Great job!

Make your appellate lawyer buy you a drink, because you just saved him/her several hours of work, too.

Indeed.