Ex Parte Howard Joseph Burton
14-22-00053-CR
| Tex. App. | Jun 7, 2022Background:
- Howard Joseph Burton, with a prior 2012 felony conviction for aggravated robbery, faced four separate criminal charges (unauthorized use of a vehicle; capital murder; burglary of a habitation; aggravated assault) arising in 2019–2019.
- Arrests and bonds: arrested March 3, 2019 (unauthorized use); released on $5,000 bond; charged May 30, 2019 with capital murder (alleged May 11 homicide); released on $200,000 bond; arrested October 15, 2019 on burglary and aggravated assault charges.
- On February 6, 2020 the trial court set/increased bonds to $200,000 (unauthorized use), $500,000 (capital murder), and $500,000 each for burglary and aggravated assault, totaling $1,700,000.
- Burton represented he could only afford $100,000 total; he sought habeas relief on December 15, 2021; after a January 14, 2022 hearing the trial court denied relief and Burton appealed.
- The Court of Appeals reviewed the bail-excessiveness claim for abuse of discretion under Ex parte Rubac and related precedent and affirmed the trial court’s habeas-corpus judgments.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether total $1,700,000 bail is excessive | Burton: can only afford $100,000; bail thus excessive | State/trial court: amount justified by offense severity, prior conviction, alleged offenses while on bond, community safety | Affirmed — no abuse of discretion; bail within zone of reasonable disagreement |
| Whether Burton’s financial inability requires reduction | Burton: poverty/ability to pay favors lower bail | State: inability to pay alone does not control; other factors relevant | Held: financial circumstances considered but insufficient to mandate reduction |
| Whether alleged weakness/unreadiness of State’s capital murder case (relying on accomplice confession) requires lower bail | Burton: Article 38.14 and co-defendant-based evidence make the State’s case weak | State: article 38.14 governs convictions, not bail proceedings; no authority to apply it to bond hearing | Held: rejected — argument legally unsupported and waived re: unreadiness; evidence sufficiency not a basis to reduce bail here |
| Whether offenses allegedly committed while on bond justify higher bail | Burton: (implicit) prior release shows prior bonds were effective; requests reduction | State: charged with new serious felonies committed while on bond, implicating victim/community safety and bond compliance | Held: trial court permissibly considered danger and alleged bond violations; supports higher bail |
Key Cases Cited
- Ex parte Rubac, 611 S.W.2d 848 (Tex. Crim. App. 1981) (sets factors and burden for bail-excessiveness review)
- Ex parte Dupuy, 498 S.W.3d 220 (Tex. App.—Houston [14th Dist.] 2016) (abuse-of-discretion standard; "zone of reasonable disagreement")
- Ex parte Bogia, 56 S.W.3d 835 (Tex. App.—Houston [1st Dist.] 2001) (discussion on bail exceeding ability to pay)
- Milner v. State, 263 S.W.3d 146 (Tex. App.—Houston [1st Dist.] 2006) (inability to pay does not alone control bail amount)
- Cooley v. State, 232 S.W.3d 228 (Tex. App.—Houston [1st Dist.] 2007) (article 38.14 does not set evidentiary standards for bond reduction hearings)
- Am Risk Ins. Co., Inc. v. Serpikova, 522 S.W.3d 497 (Tex. App.—Houston [14th Dist.] 2016) (issues waived when appellant provides no analysis)
- Ferreira v. State, 514 S.W.3d 297 (Tex. App.—Houston [14th Dist.] 2016) (appellate waiver for inadequately briefed claims)