Ex Parte Joshua Dewayne Ragston
2014 Tex. App. LEXIS 1337
| Tex. App. | 2014Background
- Appellant Ragston was arrested June 22, 2012 for homicide-related offenses in Grimes County, Texas.
- Indictments on August 16, 2012 charged capital murder, murder in the first degree, and aggravated robbery; all arise from same facts.
- Initial bond: no bond on capital murder; $500,000 on the two other charges.
- Trial court denied habeas petition but reduced aggravated robbery bond to $250,000; capital murder and murder in the first degree remained at no bond.
- Appellant previously appealed; court held pretrial habeas claims not cognizable for as-applied challenges to capital sentencing; bond reduction issues were dismissed for lack of jurisdiction.
- Second habeas petition (pendency during this appeal) argued State readiness and juvenile status; hearing held June 10, 2013; State declared ready since indictment; court denied relief and kept bond as is.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the State ready for trial within 90 days? | Ragston argues no readiness due to sentencing uncertainty. | State asserts readiness was proven by record that it was ready since indictment. | State readiness established; trial court properly denied release on own recognizance. |
| Was bail properly denied on capital murder and first-degree murder? | Ragston seeks release on bond per Article 17.15; bail should be set. | State agrees bail should be set; requests $250,000 for all charges. | Bail set at $250,000 for all three offenses; not excessive. |
| Is the bail amount for the three charges excessive given indigence? | Indigent Ragston cannot post bond; $250,000 is too high. | Bond amount should reflect offense severity and community risk; indigence not controlling. | $250,000 for all three offenses not excessive; affirmed as reforming the order. |
Key Cases Cited
- Santibanez v. State, 717 S.W.2d 326 (Tex. Crim. App. 1986) (ready-for-trial standard focuses on prosecution's readiness)
- Barfield v. State, 586 S.W.2d 538 (Tex. Crim. App. 1979) (docket readiness principles for pretrial)
- Ex parte Jones, 803 S.W.2d 712 (Tex. Crim. App. 1991) (State may show readiness by announcing ready or retroactively)
- Ex parte Rubac, 611 S.W.2d 848 (Tex. Crim. App. 1981) (factors for determining reasonableness of bail amounts)
- Ex parte Ivey, 594 S.W.2d 98 (Tex. Crim. App. 1980) (guidance on bail review and amounts)
- Ex parte Gray, 564 S.W.2d 713 (Tex. Crim. App. 1978) (pretrial habeas review of bail denial proper avenue)
- Ludwig v. State, 812 S.W.2d 323 (Tex. Crim. App. 1991) (authority to reform excessive bail amounts)
- Beck v. State, 648 S.W.2d 7 (Tex. Crim. App. 1983) (juvenile capital felonies are per se bailable)
- Miller v. Alabama, 132 S. Ct. 2455 (2012) (mandatory life-without-parole for juveniles; legislative response)