Legal Opinion

Ex parte Espinoza

Court of Appeals of Texas

Decided October 9, 2002No. 04-02-00423-CRPublishedCited by 3 opinions

1Opinion of the Court

Opinion by:

CATHERINE STONE, Justice.

Robert Espinoza appeals the trial court’s order denying his application for bond and remanding him to custody without bond.1 A trial court may deny bail in a *908capital murder case “when the proof is evident.” Tex. Const, art. I, § 11. The term “proof is evident” means clear and strong evidence, leading a well-guarded judgment to the conclusion that: (1) the offense of capital murder has been committed; (2) the accused is the guilty party; and (3) the jury will both convict the accused and will return findings requiring a death sentence. Beck v. State, 648…

2Cases cited8 opinions

  1. Burdine v. StateCourt of Criminal Appeals of Texas · 1986
  2. Ex Parte Chavfull, Texas Court of Appeals, 4th District (San Antonio)1997
  3. Beck v. StateCourt of Criminal Appeals of Texas · 1983
  4. Smith v. StateCourt of Criminal Appeals of Texas · 2002
  5. Ex Parte Wood, Texas Court of Appeals, 4th District (San Antonio)1997

3 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Loren Hamilton Fry v. State of IndianaIndiana Supreme Court · 2013
  2. Ex Parte Otis T. McKane, Texas Court of Appeals, 4th District (San Antonio)2019
  3. Loren Hamilton Fry v. State of IndianaIndiana Supreme Court · 2013

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