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46 S.M.U. L. Rev. 1261 (1992-1993)
Criminal Procedure: Pretrial, Trial and Appeal

handle is hein.journals/smulr46 and id is 1275 raw text is: CRIMINAL PROCEDURE: PRETRIAL, TRIAL AND APPEAL Kerry P. FitzGerald* Catherine Greene Burnett** HIS Article reviews significant decisions of the Texas Court of Crimi- nal Appeals and the Texas courts of appeals in the area of criminal pretrial, trial and appellate procedure during the 1992 Survey period. I. PRETRIAL A. BAIL In Martinez v. State,' the Court of Criminal Appeals of Texas reaffirmed its position that later conviction of a felony offense renders a writ attacking pretrial confinement moot.2 After being indicted for murder, the defendant filed an article 17.1513 writ seeking release from jail. Although the trial judge ordered defendant released on a $10,000 personal bond, before the defendant was released, he was charged with aggravated robbery, and bail was set in that case at $30,000. Both the original murder and the aggravated robbery charge arose from the same transaction. The defendant filed a sec- ond application for writ of habeas corpus relief pursuant to article 17.151, but the trial judge denied relief.4 The court of appeals affirmed that denial.5 The court of criminal appeals granted the defendant's petition for discretion- ary review. During the pendency of the appeal, however, the defendant was convicted of the underlying offense. Hence he was no longer subject to pre- trial confinement, and the appeal was rendered moot.6 B. DISCOVERY In Scott v. State7 the court found that the trial court did not abuse its discretion in denying a defense request to have alleged contraband tested by * B.B.A., Southern Methodist University; L.L.B., University of Texas; Attorney at Law, Dallas, Texas. ** B.A., University of Texas; J.D., University of Texas; Associate Professor of Law, South Texas College of Law. 1. 826 S.W.2d 620 (Tex. Crim. App. 1992). 2. Id. at 620. 3. TEX. CODE CRIM. PROC. ANN. art. 17.151 (Vernon Supp. 1993). 4. Martinez, 826 S.W.2d at 620. 5. Martinez v. State, 810 S.W.2d 428, 430 (Tex. App.-Houston [14th Dist.] 1991), ap- peal dismissed, 826 S.W.2d 620 (Tex. Crim. App. 1992). 6. Martinez, 826 S.W.2d at 620. 7. 825 S.W.2d 521 (Tex. App.-Dallas 1992, pet. ref'd). 1261

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