Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

TX: Procedural default applies to state's failure to raise standing in trial court

By John Wesley Hall, Jr.

Procedural default applies to the state in failing to raise standing in the trial court such that it cannot raise standing for the first time on appeal. State v. Rhinehart, 2011 Tex. Crim. App. LEXIS 327 (March 9, 2011): To summarize, in this case, we apply ordinary rules of procedural default to decide that the State, as the losing party in the criminal district court, could not raise for the first time on appeal a claim that there was no valid basis for the criminal district court to have quashed the indictment. We decline to apply, in this case, the Fourth Amendment standing rule of Rakas which, in any event, does not clearly support the proposition that the State should be permitted to raise this claim for the first time on appeal, particularly since the State chose to litigate only the due-diligence issue in the criminal district court thus, in effect, conceding that this might be a valid basis for quashing the indictment...continue to full post

Full post as published by Fourth Amendment on March 10, 2011 (boomark / email).