El Tribunal de Apelaciones Penales de Texas recientemente emitió una opinión a favor de un cliente de Spolin Law P.C.
Published on September 30, 2021
The Texas Court of Criminal Appeals recently issued an opinion in favor of Spolin Law P.C.’s client who was wrongfully denied a jury trial. (Case number PD-0593-20.)
In this 2016 case, the client waived his right to a trial by jury in anticipation of a negotiated plea agreement. That plea bargain was never completed, so the client attempted to withdraw the jury waiver multiple times. Instead, the trial court gave him a bench trial and he was found guilty and sentenced. The client contacted Spolin Law P.C. for help.
Spolin Law made arguments based on Constitutional and Texas law that the withdrawal requests of the client were valid, and he should have been given a jury trial. The Court of Criminal Appeals of Texas agreed with Spolin Law. As a result, the trial court decision has been reversed.
Arguments Spolin Law Used to Appeal the Case
Upon appeal, Spolin Law argued the following points for the client:
These arguments are based on the facts of the case and required legal arguments established in Constitutional law and prior case decisions in Texas.
A defendant has an “absolute” right to a jury trial; however, it may be waived. According to the Texas Code of Criminal Procedure, a waiver must “be made in person by the defendant in writing in open court with the consent and approval of the court, and the attorney representing the state.” The Texas Appellate Court found that although the client had signed a document waiving his right to a jury trial, that waiver was not made in open court. Thus, the jury-trial waiver was not valid, and the trial court abused its discretion by failing to allow the client to withdraw his jury-trial waiver.
The Appellate Court further found that the defendant “certainly made his ambivalence about waiving a jury trial clear to the trial court at the very outset.” He made multiple requests for a jury trial on multiple occasions.
Outcome of the Case
On September 22, 2021, the Texas Court of Criminal Appeals reversed the lower court’s judgment and remanded the case to the trial court for a new trial consistent with the opinion. Spolin Law’s client will get his day in court before a jury of his peers.
Speak to a Texas Criminal Appeals Lawyer at Spolin Law P.C.
Spolin Law P.C. founder Aaron Spolin is a former prosecutor and a top-ranked criminal law attorney. He is an award-winning Texas criminal appeals attorney who is dedicated to fighting for the rights of his clients.
To speak with the legal team at Spolin Law P.C. about how the outcome of this case might affect your own case or any other criminal law matter, please call us at (866)-617-9620. The firm handles state and federal post-conviction matters.