Armstrong, Ex Parte Rodarrion D.
PD-0479-15
| Tex. App. | May 1, 2015Background
- Armstrong, age 18, was indicted for first‑degree murder after allegedly shooting the victim once with a shotgun; the victim died.
- Trial court initially set bail at $1,000,000 and later reduced it to $800,000 after a motion to set reasonable bail.
- Armstrong filed a pretrial habeas application seeking a reduction, testifying he is indigent, has lived in Jasper most of his life, and has family ties in the county but no ability to post bond.
- At the habeas hearing Armstrong presented no documentary evidence about his finances, work history, prior criminal record, or efforts to obtain bail or a bondsman.
- The trial court denied reduction; the Ninth Court of Appeals affirmed, applying an abuse‑of‑discretion standard and finding Armstrong failed to meet his burden to show the $800,000 bail was excessive.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether $800,000 bail is excessive under federal and Texas Constitutions and art. 17.15 | Bail is oppressive and exceeds what is necessary: Armstrong is indigent, has strong community ties, no prior record, and poses no shown flight risk | Bail is justified by the grave nature of a first‑degree murder charge and possible lengthy sentence; trial court may consider offense severity and other Rubac factors | Affirmed: Armstrong failed to carry burden to show bail was excessive; trial court did not abuse discretion |
Key Cases Cited
- United States v. Salerno, 481 U.S. 739 (1987) (bail excessive if greater than reasonably necessary to serve government’s legitimate interests)
- Ex parte Rubac, 611 S.W.2d 848 (Tex. Crim. App.) (defendant bears burden to show bail excessive; factors to consider)
- Ex parte Rodriguez, 595 S.W.2d 549 (Tex. Crim. App.) (appearance bond secures presence at trial; bail should not be used as oppression)
- Ex parte Davis, 574 S.W.2d 166 (Tex. Crim. App.) (presumption in favor of bail; bail not to be instrument of oppression)
- Ex parte Ivey, 594 S.W.2d 98 (Tex. Crim. App.) (bail must give reasonable assurance of appearance but not be oppressive)