Legal Opinion · Concurrence

Miles v. State

Texas Court of Appeals, 14th District (Houston)

Decided January 13, 2005No. 14-03-00958-CRPublished

1ConcurrenceJ. Harvey Hudson, Justice

The majority holds that the presumption of innocence persists until a verdict is returned by the jury. There is both state and federal authority to support this position, and I fully join the majority in that holding.1 The Texas Court of Criminal Appeals has stated, for example, that a defendant “is presumed to be innocent until his guilt is proven. That presumption should exist in the minds of the jury when the case begins and continue until all the evidence is in. He is still presumed to be innocent, in law, until the jury has returned its verdict of guilt.” Runnels v. State, 152 Tex.Crim.…

2Cases cited7 opinions

  1. Martinez v. Court of Appeal of California, Fourth Appellate DistrictSupreme Court of the United States · 2000
  2. Zimmerman v. StateCourt of Criminal Appeals of Texas · 1993
  3. Madrid v. StateCourt of Criminal Appeals of Texas · 1979
  4. Massey v. StateCourt of Criminal Appeals of Texas · 1950
  5. McGrew v. StateCourt of Criminal Appeals of Texas · 1940

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