TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Official Misconduct/Official Oppression
Go
New
Find
Notify
Tools
Reply
  
Official Misconduct/Official Oppression Login/Join 
Member
posted
I am dealing with two Official Oppression cases and would appreciate any answers to my questions.

1. It is clear that the district court has original jurisdiction even though official oppression is a Class A Mis, but is a Grand Jury indictment required?

2. If there is a trial on an official oppression case, would the district court hear it, or could you proceed in the county court since it is a misdemeanor?
 
Posts: 5 | Registered: July 31, 2007Reply With QuoteReport This Post
Member
posted Hide Post
The jurisdictional issue under 4.05 will be determined under Hall, 829 S.W.2d at 187-8 and Emerson, 727 S.W.2d 267. If the District Court has jurisdiction, then it is exclusive, despite the language of 4.07 to the contrary. See Dix & Dawson, Criminal Practice & Proc. sec. 1.25. There is no requirement that the offense be charged by indictment (which right adheres only to felonies).
 
Posts: 2393 | Registered: February 07, 2001Reply With QuoteReport This Post
Member
posted Hide Post
Both county and district courts have concurrent jurisdiction over the offense, so you can choose where you want to go. Campos v. State, 783 S.W.2d 7 (Tex. App. -- Houston [14th Dist.] 1989, pet. refused).

Only felony cases must be presented to a grand jury. But, if you decide to prosecute in district court, I recommend presenting the case to a grand jury, which is a pretty good idea any time you have a public integrity issue.

And congratulations on your first post and welcome to the Forum.

[This message was edited by JB on 07-31-07 at .]
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
Member
posted Hide Post
I agree with JB. Given the public nature of official oppression cases the Grand Jury presentation reinforces the decision to prosecute and tends to take the politics out of the case.
 
Posts: 61 | Location: Kerrville, Tx | Registered: June 21, 2006Reply With QuoteReport This Post
  Powered by Social Strata  
 

TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Official Misconduct/Official Oppression

© TDCAA, 2001. All Rights Reserved.