TX - Moriah Wilson, Cyclist Fatally Shot Before Race, Austin, #4

Status
Not open for further replies.
What to expect at July 20 pre-trial hearing (see 1-10 below) and any matters filed at least 7 days prior to the hearing including the indictment, motion to increase bond and request hearing, request for discovery & investigation pursuant to fed and state prosecutorial obligations, indigence, and motion for a speedy trial.



CODE OF CRIMINAL PROCEDURE
TITLE 1. CODE OF CRIMINAL PROCEDURE
CHAPTER 28. MOTIONS, PLEADINGS AND EXCEPTIONS

Art. 28.01. PRE-TRIAL.


Sec. 1. The court may set any criminal case for a pre-trial hearing before it is set for trial upon its merits, and direct the defendant and his attorney, if any of record, and the State's attorney, to appear before the court at the time and place stated in the court's order for a conference and hearing.

The defendant must be present at the arraignment, and his presence is required during any pre-trial proceeding.

The pre-trial hearing shall be to determine any of the following matters:

(1) Arraignment of the defendant, if such be necessary; and appointment of counsel to represent the defendant, if such be necessary;
(2) Pleadings of the defendant;
(3) Special pleas, if any;
(4) Exceptions to the form or substance of the indictment or information;
(5) Motions for continuance either by the State or defendant; provided that grounds for continuance not existing or not known at the time may be presented and considered at any time before the defendant announces ready for trial;
(6) Motions to suppress evidence--When a hearing on the motion to suppress evidence is granted, the court may determine the merits of said motion on the motions themselves, or upon opposing affidavits, or upon oral testimony, subject to the discretion of the court;
(7) Motions for change of venue by the State or the defendant; provided, however, that such motions for change of venue, if overruled at the pre-trial hearing, may be renewed by the State or the defendant during the voir dire examination of the jury;
(8) Discovery;
(9) Entrapment; and
(10) Motion for appointment of interpreter.


Sec. 2. When a criminal case is set for such pre-trial hearing, any such preliminary matters not raised or filed seven days before the hearing will not thereafter be allowed to be raised or filed, except by permission of the court for good cause shown; provided that the defendant shall have sufficient notice of such hearing to allow him not less than 10 days in which to raise or file such preliminary matters.

The record made at such pre-trial hearing, the rulings of the court and the exceptions and objections thereto shall become a part of the trial record of the case upon its merits.


CODE OF CRIMINAL PROCEDURE
TITLE 1. CODE OF CRIMINAL PROCEDURE
CHAPTER 1. GENERAL PROVISIONS

Art. 1.051. RIGHT TO REPRESENTATION BY COUNSEL. (a) A defendant in a criminal matter is entitled to be represented by counsel in an adversarial judicial proceeding. The right to be represented by counsel includes the right to consult in private with counsel sufficiently in advance of a proceeding to allow adequate preparation for the proceeding. [..]

Art. 1.053. PRESENT ABILITY TO PAY. Except as otherwise specifically provided, in determining a defendant's ability to pay for any purpose, the court shall consider only the defendant's present ability to pay.

Art. 1.07. RIGHT TO BAIL.
Any person shall be eligible for bail unless denial of bail is expressly permitted by the Texas Constitution or by other law. This provision may not be construed to prevent bail after indictment found upon examination of the evidence, in such manner as may be prescribed by law.


CODE OF CRIMINAL PROCEDURE
TITLE 1. CODE OF CRIMINAL PROCEDURE
CHAPTER 32A. SPEEDY TRIAL

Art. 32A.01. TRIAL PRIORITIES. (a) Insofar as is practicable, the trial of a criminal action shall be given preference over trials of civil cases, and the trial of a criminal action against a defendant who is detained in jail pending trial of the action shall be given preference over trials of other criminal actions not described by Subsection (b) or (c). [..]


CODE OF CRIMINAL PROCEDURE
TITLE 1. CODE OF CRIMINAL PROCEDURE
CHAPTER 39. DEPOSITIONS AND DISCOVERY

Art. 39.14. DISCOVERY. (a) Subject to the restrictions provided by Section 264.408, Family Code, and Article 39.15 of this code, as soon as practicable after receiving a timely request from the defendant the state shall produce and permit the inspection and the electronic duplication, copying, and photographing, by or on behalf of the defendant, of any offense reports, any designated documents, papers, written or recorded statements of the defendant or a witness, including witness statements of law enforcement officers but not including the work product of counsel for the state in the case and their investigators and their notes or report, or any designated books, accounts, letters, photographs, or objects or other tangible things not otherwise privileged that constitute or contain evidence material to any matter involved in the action and that are in the possession, custody, or control of the state or any person under contract with the state.

The state may provide to the defendant electronic duplicates of any documents or other information described by this article.

The rights granted to the defendant under this article do not extend to written communications between the state and an agent, representative, or employee of the state. This article does not authorize the removal of the documents, items, or information from the possession of the state, and any inspection shall be in the presence of a representative of the state.

(b) On a party's request made not later than the 30th day before the date that jury selection in the trial is scheduled to begin or, in a trial without a jury, the presentation of evidence is scheduled to begin, the party receiving the request shall disclose to the requesting party the name and address of each person the disclosing party may use at trial to present evidence under Rules 702, 703, and 705, Texas Rules of Evidence.

Except as otherwise provided by this subsection, the disclosure must be made in writing in hard copy form or by electronic means not later than the 20th day before the date that jury selection in the trial is scheduled to begin or, in a trial without a jury, the presentation of evidence is scheduled to begin.

On motion of a party and on notice to the other parties, the court may order an earlier time at which one or more of the other parties must make the disclosure to the requesting party.

(c) If only a portion of the applicable document, item, or information is subject to discovery under this article, the state is not required to produce or permit the inspection of the remaining portion that is not subject to discovery and may withhold or redact that portion.

The state shall inform the defendant that a portion of the document, item, or information has been withheld or redacted. On request of the defendant, the court shall conduct a hearing to determine whether withholding or redaction is justified under this article or other law. [..]
 

The Right to a Speedy Trial in Texas​

The government — not the defendant — bears the burden of bringing cases to trial, but how long must a defendant wait for his or her day in court? The answer is not clear cut.

In this article, we explain your right to a speedy trial in Texas and what to do if the wheels of justice are turning too slowly.

What is the Right to a Speedy Trial?

Under the federal constitution and the Texas constitution, the accused in a criminal prosecution is guaranteed the right to a speedy trial. But neither source, nor Texas law, defines “speedy.” That means once a person is accused — either by being arrested or charged — he or she could wait months or even years before being brought to trial. During this waiting game, evidence may get lost and witnesses may disappear, resulting in a weakened defense for the defendant.

The Remedy: Dismissal

The “silver lining” of this game is that the defendant’s charges may be fully dismissed if the court finds the accused was deprived of his or her right to a speedy trial. However, since the sole remedy is a dismissal, courts are hesitant in finding a deprivation of the right to a speedy trial. This means defendants may bear a heavy burden when claiming they have been denied their constitutional right to a speedy trial in Texas.

 

From the link:

KXAN has reached out to Armstrong’s attorney, Rick Cofer, regarding the hearing and has not yet received a response. According to court documents, he is also representing Armstrong for her theft of service charge, a class B misdemeanor, after she allegedly did not pay for a Botox session in March 2018. Court records show Armstrong has a jail docket call on that case Wednesday morning, prior to her hearing.
 
The Wilson family is admirable.

This broke my heart:

“Matt Wilson graduated from Middlebury College in Vermont just two weeks before his sister Moriah “Mo” Wilson was killed in Austin, Texas on May 11. Whatever plans he had as a new college graduate immediately fell to the wayside in the wake of his sister’s tragic death.”
 
KA is going to become one of those wrinkled and gnarled mug shots searchable in Texas Inmate Locator software in the year 2070. First-time facelifts before 40 do not age well without precision upkeep. I have worked on Park Avenue, NYC since 2008. This is my jam.
There will be no more peeling out of the parking lot post-unpaid-Botox.
 
KA’s hearing is in 403rd DistrIct Court tomorrow at 11:15 am Texas time.

This site lists streaming channels for court, and 403 appears under Judge Kennedy.

Does this mean we can watch the hearing?

^^BBM

It's probably no coincidence that the docket does not contain any requests for expanded media coverage (EMC) for this long-awaited first hearing, and doubtful there will ever be any streaming from Court 403 for this case to the YTube channel.

Having followed Heidi Broussard's 2019 murder case, also in Travis County District Court, I've found TX is similar to Colorado having adopted Canon 35 in 1963.

At this time, it seems only CIVIL CASES have the supreme court backing for cameras & audio or expanded media coverage (EMC), and only the appellate courts (both civil and criminal), are most likely to be streamed or accessible. As with so many other States, CRIMINAL CASES, not so much.

Personally, I've only seen select County Court & Night Jail Court zoom cases on any judicial YTube channel.


 
KA’s hearing is in 403rd DistrIct Court tomorrow at 11:15 am Texas time.

This site lists streaming channels for court, and 403 appears under Judge Kennedy.

Does this mean we can watch the hearing?

Live streaming of the courts was more during the shutdown when all parties appeared virtually. I don't think they are all streaming anymore but I could be wrong?
The streams dont stay on youtube forever. But i dont recommend recording any of tomorrow's (or any streamed) hearing if they do stream because it's strictly forbidden!
 
Last edited:
This broke my heart:

“Matt Wilson graduated from Middlebury College in Vermont just two weeks before his sister Moriah “Mo” Wilson was killed in Austin, Texas on May 11. Whatever plans he had as a new college graduate immediately fell to the wayside in the wake of his sister’s tragic death.”
To go from such family happiness to such tragedy in just 2 weeks - so sad. :(
 
KA is going to become one of those wrinkled and gnarled mug shots searchable in Texas Inmate Locator software in the year 2070. First-time facelifts before 40 do not age well without precision upkeep. I have worked on Park Avenue, NYC since 2008. This is my jam.
There will be no more peeling out of the parking lot post-unpaid-Botox.
What about nose jobs?
I was thinking KA might also have tattooed eyeliner? Eye lift? Silicone? What are your thoughts on this?
What kind of upkeep are you describing.
 
I apologize for what might be a dumb question, but are there ever typically any new facts learned at these pre-trial hearings? I admittedly follow these types of incidents until they get to the legal type proceedings as i lose a bit of interest due to the slow wheels of beauracracy and all the formalities... so i'm not up to speed on these things.
 
I apologize for what might be a dumb question, but are there ever typically any new facts learned at these pre-trial hearings? I admittedly follow these types of incidents until they get to the legal type proceedings as i lose a bit of interest due to the slow wheels of beauracracy and all the formalities... so i'm not up to speed on these things.
NOT a dumb question.
I think the plea and the bail will be the main information gleaned.
 
Status
Not open for further replies.

Staff online

Members online

Online statistics

Members online
171
Guests online
554
Total visitors
725

Forum statistics

Threads
625,584
Messages
18,506,604
Members
240,818
Latest member
wilson.emily3646
Back
Top