Toliver v. State

OPINION

Opinion by

Justice MOSELEY.

As he sat in his Smith County jail cell, Johnathan Toliver’s outlook for the future was decidedly bleak. He had been arrested for three incidents of delivery of cocaine; two of these charges were first-degree felonies and one was a second-degree felony. The cases appeared quite strong because law enforcement officers had used Jimmy Wallace as a confidential informant and had made video recordings of each of these incidents, during which Toliver had sold Wallace cocaine. Toliver’s predicament in regard to the pending charges was exacerbated by the fact that he…