Ex parte Tata
2011 Tex. App. LEXIS 9641
Tex. App.2011Background
- Jessica Tata is charged with four counts of felony murder, three counts of abandoning a child, and two counts of reckless injury to a child; total nine offenses.
- Trial court set bail at $200,000 per felony murder count, $75,000 per reckless injury, and $50,000 per abandonment count; cumulative bail = $1,100,000.
- Tata filed habeas corpus and bond-reduction motions; trial court denied; appeal questioned bail excessiveness under the U.S. and Texas constitutions and procedural rules.
- Evidence at the bail hearing included: fire at a day-care she operated causing multiple deaths/injuries; she was observed shopping shortly after the fire; conflicting statements about her whereabouts and cooperation with investigators.
- She fled to Nigeria after the incident and was located there; Interpol and Nigerian authorities later involved; she waived extradition to return to the U.S.
- The court conducted an abuse-of-discretion review of bail under Article 17.15 factors, considering offense nature, flight risk, finances, family ties, and future safety.
- Court held that bail amounts were within ranges previously approved for similar offenses and that Tata presented significant flight-risk indicators; thus no abuse of discretion found.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the bail set excessive under law? | Tata | Tata | No abuse; bail not excessive |
| Did the trial court properly weigh nature of offenses and potential punishment? | State | Tata | Weights favored keeping high bail given felony-murder charges |
| Should defendant's ability to pay reduce bail? | Tata | State | Insufficient to lower bail; financial resources limited but not dispositive |
| Did flight risk and likelihood of evading justice justify bail level? | State | Tata | Evidence supported significant flight risk; bail sustained |
| Should future safety of victims/community influence bail? | State | Tata | Weighed in favor of reduction but not enough to lower amount |
Key Cases Cited
- Ex parte Rubac, 611 S.W.2d 848 (Tex.Crim.App. 1981) (abuse-of-discretion standard for bail review)
- Montalvo v. State, 315 S.W.3d 588 (Tex.App.-Houston [1st Dist.] 2010) (define factors for bail determination and zone of reasonable disagreement)
- Golden v. State, 288 S.W.3d 516 (Tex.App.-Houston [1st Dist.] 2009) (bail factors including offense nature and community ties)
- Milner v. State, 263 S.W.3d 146 (Tex.App.-Houston [1st Dist.] 2006) (consideration of ability to post bond and family resources)
- Ex parte Hulin, 31 S.W.3d 754 (Tex.App.-Houston [1st Dist.] 2000) (seriousness of charges and potential sentence affect bail)
- Ex parte Harris, 733 S.W.2d 712 (Tex.App.-Austin 1987) (avoidance of excessive pretrial confinement)
- Richardson v. State, 181 S.W.3d 756 (Tex.App.-Waco 2005) (ties to community weigh in bail decisions)
- Ex parte Ruiz, 129 S.W.3d 751 (Tex.App.-Houston [1st Dist.] 2004) (range of bail for various offenses)
- Sabur-Smith v. State, 73 S.W.3d 436 (Tex.App.-Houston [1st Dist.] 2002) (bond considerations and collateral expectations)
- Esquivel v. State, 922 S.W.2d 601 (Tex.App.-San Antonio 1996) (credibility determinations at bail hearings)
- Ex parte Parker, 26 S.W.3d 711 (Tex.App.-Waco 2000) (factors affecting credibility and bond decisions)