Ex Parte Matthews
327 S.W.3d 884
| Tex. App. | 2010Background
- Shane Matthews was indicted for capital murder in connection with Jessie Palamo Jr.'s death during a drug deal intended as a robbery.
- Matthews was jailed without bail for more than ninety days while the State was not ready for trial.
- A January 2010 bond hearing suggested Matthews would not be released on bail due to the strength of the State's case and his criminal history.
- In May 2010, a habeas corpus hearing was held; Matthews presented evidence of his lack of ties to Jasper County and his inability to pay bail, while the State did not indicate it would seek the death penalty at that time.
- The trial court ultimately set Matthews' bail at $475,000, finding community safety concerns supported the amount.
- Matthews challenged the bail order as excessive under Texas law, arguing he could not afford it and that the court should consider his ability to pay.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether bail of $475,000 was excessive | Matthews argued bail must be affordable to secure release. | State contends court properly considered community safety and flight risk. | Bail upheld; no abuse of discretion; community safety considered. |
Key Cases Cited
- Ex parte Richardson, 750 S.W.2d 896 (Tex.App.-Amarillo 1988) (state must show clear and strong evidence of capital murder and likelihood of death sentence)
- Ex parte Wilson, 527 S.W.2d 310 (Tex.Crim.App.1975) (standard for capital murder evidence)
- Ex parte Alexander, 608 S.W.2d 928 (Tex.Crim.App.1980) (proof requirements for death penalty findings)
- Ex parte Ruiz, 129 S.W.3d 751 (Tex.App.-Houston [1st Dist.] 2004) (appeal of bail decisions; factors for setting bail)
- Ex parte Rubac, 611 S.W.2d 848 (Tex.Crim.App.1981) (review of bail orders)
- Ex parte Charlesworth, 600 S.W.2d 316 (Tex.Crim.App.1980) (bail review standard)
- Rowe v. State, 853 S.W.2d 581 (Tex.Crim.App.1993) (Rowe holds state must reduce bail to affordable amount when not indicted within 90 days)
