Ragston, Joshua Dewayne
2014 Tex. Crim. App. LEXIS 150
| Tex. Crim. App. | 2014Background
- Appellant was indicted for capital murder, murder, and aggravated robbery for July 17, 2009 incident; held without bond on capital murder, bond set for murder and aggravated robbery; motion for bond reduction sought personal recognizance bond for capital murder under Art. 17.151; trial court denied bond relief on capital murder and reduced aggravated robbery bond to $250,000; appellant appealed interlocutorily seeking bond-reduction relief; Court of Appeals dismissed for lack of jurisdiction; Texas Court of Criminal Appeals granted discretionary review to address appellate jurisdiction over interlocutory bond appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether courts of appeals have jurisdiction to review interlocutory bond-reduction orders | Ragston relied on Rule 31 and Primrose to assert jurisdiction | State argued no jurisdiction absent statutory/constitutional grant | No jurisdiction; rules cannot enlarge rights beyond law |
| Proper basis for appellate jurisdiction over bail-related interlocutory orders | Primrose footnote cited as authority for jurisdiction | Rule 31 does not constitutionally authorize such appeals | Jurisdiction not expressly granted by statute or constitution; Rulemaking cannot create jurisdiction |
| Effect of Primrose footnote and rulemaking on jurisdiction over bail appeals | Primrose suggests jurisdiction via Rule 31 | Primrose footnote is dicta and cannot expand rights | Primrose dicta; no jurisdiction granted by rulemaking power |
Key Cases Cited
- Primrose v. State, 725 S.W.2d 254 (Tex. Cr. App. 1987) (footnote on Rule 44; authority cited for jurisdictional argument)
- Sanchez v. State, 240 S.W.3d 848 (Tex. App.–San Antonio 2011) (interlocutory bond-appeal discussion (no pet.))
- Keaton v. State, 294 S.W.3d 870 (Tex. App.–Beaumont 2009) (discussed jurisdictional views on bond appeals)
- McCarver v. State, 257 S.W.3d 512 (Tex. App.–Houston 2009) (interlocutory bond-appeal considerations)
- Olivo v. State, 918 S.W.2d 519 (Tex. Cr. App. 1996) (rulemaking limits on expanding right to appeal)