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Ex Parte Amber Hope Halford
10-15-00244-CR
Tex. App.
Sep 24, 2015
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Background

  • Amber Halford, indicted for capital murder (state not seeking death penalty), sought habeas relief after trial court reduced bail from $1,000,000 to $250,000.
  • At the habeas hearing Halford (20) testified she worked as a waitress, had lived locally her whole life, had no assets, limited employment history, and no present place to live if released.
  • Halford had a related burglary charge for the same victim; evidence alleged she participated in a burglary the night before the murder in which four firearms were stolen and one was used in the murder; two stolen firearms remained missing.
  • Halford’s father said he could raise $10,000–$15,000 but not the bond-company funds required for nine-figure bond amounts; Halford offered to wear an ankle monitor and accept a curfew.
  • The trial court initially reduced bail to $500,000, then matched a co-defendant’s reduced bail of $250,000 after correction by the State.
  • No detailed evidence of the murder’s exact circumstances was introduced at the hearing; the court considered statutory/common-law bail factors and the serious nature and potential punishment for capital murder.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether bail of $250,000 was excessive/abuse of discretion Halford: bail is excessive because no proof of murder details was offered and family could only pay ~$10k–$15k State: nature of the capital offense and missing firearms justify high bail; court may set bail above defendant’s ability to pay Court: No abuse of discretion; $250,000 bail was reasonable given offense severity and other factors

Key Cases Cited

  • Ex parte Rubac, 611 S.W.2d 848 (Tex. Crim. App. 1981) (sets factors for assessing reasonable bail)
  • Montgomery v. State, 810 S.W.2d 372 (Tex. Crim. App. 1990) (standards for appellate review of discretionary trial-court rulings)
  • Ex parte Gonzalez, 383 S.W.3d 160 (Tex. App.—San Antonio 2012) (review of bail decisions for abuse of discretion)
  • Montalvo v. State, 315 S.W.3d 588 (Tex. App.—Houston [1st Dist.] 2010) (consideration of statutory/common-law bail factors)
  • Ex parte Hunt, 138 S.W.3d 503 (Tex. App.—Fort Worth 2004) (appellate deference where trial court considered required factors)
  • Ex parte Durst, 148 S.W.3d 496 (Tex. App.—Houston [14th Dist.] 2004) (nature of offense and potential punishment weigh heavily in bail decisions)
  • Aviles v. State, 26 S.W.3d 696 (Tex. App.—Houston [14th Dist.] 2000) (emphasizing nature of offense and length of sentence as primary bail factors)
  • Ex parte Hulin, 31 S.W.3d 754 (Tex. App.—Houston [1st Dist.] 2000) (same)
  • Milner v. State, 263 S.W.3d 146 (Tex. App.—Houston [1st Dist.] 2006) (defendant’s ability to pay is not controlling on bail amount)
Read the full case

Case Details

Case Name: Ex Parte Amber Hope Halford
Court Name: Court of Appeals of Texas
Date Published: Sep 24, 2015
Docket Number: 10-15-00244-CR
Court Abbreviation: Tex. App.