Hunter is one of my cases. Even though Ms. Hunter will soon have served all of her sentence, I would say its pretty likely her attorney will file a PDR (though he will technically not be her attorney since he was appointed by the court). If that occurs, should the State file also, to get the conflict between San Antonio and Waco resolved, or is it better that we do not know how the high court views that problem? My thought is the CCA will most likely side with Waco and a cross-petition merely increases the likelihood her petition would be granted, something I definitely would not want to have happen. In any event, remind your officers to put a signature line on their affidavits and to use it!

[This message was edited by Martin Peterson on 11-26-02 at .]

Glad to know this happens in other counties as well. I recently tried a manslaughter case where the officer obtained an arrest warrant from the magistrate for the homicide. The officer had a signature line and went before the magistrate, raised his hand, and swore it was true, but never signed the affidavit.
In my case, the defense never filed a motion or otherwise attack the arrest or the confession that flowed from the arrest. But luckily, my defendant also had outstanding traffic warrants as well.
Best as I could determine through my research was that the warrant was in fact invalid - however, there is caselaw to support the "good faith exception" - sounds like the 10th Court got it right.