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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.
 
Posts: 7 | Location: san antonio, tx, usa | Registered: August 23, 2004Reply With QuoteReport This Post
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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?
 
Posts: 2138 | Location: McKinney, Texas, USA | Registered: February 15, 2001Reply With QuoteReport This Post
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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)
 
Posts: 527 | Location: Fort Worth, Texas, | Registered: May 23, 2001Reply With QuoteReport This Post
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NB: The State cannot appeal a MTS that is granted after jeopardy attaches. See CCP art. 44.01(a)(5).
 
Posts: 23 | Location: Hidalgo County | Registered: November 13, 2003Reply With QuoteReport This Post
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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.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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