Ex Parte James Ray Brossett, 524 S.W.3d 273

Brossett was indicted on capital murder (death of Laura Patschke during burglary) and attempted capital murder (shooting of Trevor Patschke) and the State sought the death penalty.
After prior harassment/stalking arrests and releases on bond, Brossett allegedly traveled to Laura’s home, forced entry, shot Laura multiple times (killing her) and shot Trevor (wounding him), then fled and eluded capture.
Bail was set at $5,000,000; Brossett filed a habeas application seeking reduction to $500,000.
At the bail hearing the State proffered facts including Brossett’s confession, prior violent felony convictions, firearms and field skills, commission of the alleged crime while on bond, and concern for victims’ and community safety.
Brossett presented limited assets and relatives able to post bail; a family member offered residence but not property for bond.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether $5,000,000 bail is excessive	State: bail must assure appearance and protect victims/community given flight risk, prior violent felonies, offense committed while on bond, and death-penalty exposure	Brossett: $5,000,000 is far higher than similar cases; $500,000 is appropriate considering ability to pay and bonds in comparable cases	Court: trial court abused discretion; $5,000,000 excessive, reduce bail to $1,000,000 and remand to set appropriate conditions

Ex parte Rubac, 611 S.W.2d 848 (Tex. Crim. App. 1981) (standard for reviewing bail and defendant’s burden to prove excessiveness)
Ex parte Davis, 147 S.W.3d 546 (Tex. App.—Waco 2004) (application of article 17.15 factors and review of bail settings)
Ex parte McCullough, 993 S.W.2d 836 (Tex. App.—Waco 1999) (bail must assure appearance at trial)
Ex parte Brown, 959 S.W.2d 369 (Tex. App.—Fort Worth 1998) (discussion of bail-sufficiency principles)
Ex parte Charlesworth, 600 S.W.2d 316 (Tex. Crim. App. 1980) (inability to make bail does not control over other factors)
Ex parte Gonzales, 383 S.W.3d 160 (Tex. App.—San Antonio 2012) (upholding high bail in capital murder case but noting evidentiary burdens)