Ex Parte Keith Wilson Goodson
01-15-00288-CR
| Tex. App. | May 6, 2015Background
- Appellant Keith W. Goodson challenges an appellate opinion (April 21, 2015) that upheld a high bail amount in a Harris County criminal matter.
- At the bail hearing, Goodson presented testimony from a licensed bail bondsman (Woodley Fisher) and his wife (Misti Goodson) that attempts to post bond failed and several relatives were willing to cosign; Fisher opined Goodson could not post bond above $75,000.
- Goodson offered additional mitigants: long residence and property ownership in Houston, marriage and three children in local schools, relatives willing to cosign, willingness to accept ankle monitoring and surrender passport.
- The appellate opinion affirmed the high bail, citing the defendant’s prior felony conviction (and alleged flight/safety concerns) and relied in part on unpublished authority.
- Goodson files a motion for rehearing arguing the opinion improperly requires him to testify about his finances (raising Fifth Amendment concerns), wrongly relies on unpublished cases, and misapplies the significance of his prior deferred-adjudication conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether appellant bore a burden to testify about financial specifics to show inability to post bond | State/court treated lack of detailed financial testimony as insufficient to show inability to post set bail | Goodson: testimony from bondsman and wife sufficiently showed unsuccessful attempts to post bond; requiring defendant to testify forces choice between bail and Fifth Amendment | Appellate opinion required more detailed proof of inability to post bond and affirmed the high bail (challenged by motion for rehearing) |
| Whether unpublished cases relied on by the court are controlling | Court relied on unpublished decisions and one published decision to affirm high bail | Goodson: reliance on unpublished authority is inappropriate and cited published authorities (e.g., Bogia) supporting reduction | Court relied on a string of unpublished authorities and a published case; Goodson argues those are distinguishable and not controlling |
| Proper weight of prior conviction / deferred adjudication when setting bail | Court considered prior felony conviction as supporting retention of high bail based on community safety/flight risk concerns | Goodson: successful completion of deferred adjudication favors reduction and was presented through bondsman testimony | Appellate opinion treated prior conviction as a factor supporting high bail despite Goodson’s evidence of compliance |
| Consideration of community ties and conditions (ankle monitor, passport surrender) | Court emphasized risk factors and lack of assurance against flight | Goodson: strong local ties and willingness to submit conditions reduce flight risk | Court found the totality of circumstances supported maintaining the higher bail amount (basis of rehearing motion) |
Key Cases Cited
- Ex parte Scott, 122 S.W.3d 866 (Tex. App.—Fort Worth 2003) (defendant’s vague testimony about inability to make bond insufficient to require reduction)
- Balawajder v. State, 759 S.W.2d 504 (Tex. App.—Fort Worth 1988) (violent offenses and limited proof of ties justified higher bail)
- Ex parte Bogia, 56 S.W.3d 835 (Tex. App.—Houston [1st Dist.] 2001) (evidence of unsuccessful attempts to post bond can satisfy defendant’s burden)
- Maldonado v. State, 999 S.W.2d 91 (Tex. App.—Houston [14th Dist.] 1999) (court affirmed high bail where defendant lacked local ties and witnesses could not assure appearance)
- Ludwig v. State, 812 S.W.2d 323 (Tex. Crim. App. 1991) (factors such as long-term residency and community ties reduce flight risk and can weigh against high bail)