Opinion

Smith v. State

  • 70 S.W.3d 848
  • 2002 Tex. Crim. App. LEXIS 47
  • 2002 WL 384965
Court
Court of Criminal Appeals of Texas
Filed
Mar 13, 2002
Status
Published
Author
Johnson
On the bench
Womack, Meyers, Price, Johnson, Holcomb, Cochran, Keller, Keasler, Hervey
Cited by
48 cases
Authority
More cited than 7.6%

determining level of knowledge trial court must have regarding specifics of immunity agreement when court dismisses case pursuant to immunity agreement

How later courts described this case

  • determining level of knowledge trial court must have regarding specifics of immunity agreement when court dismisses case pursuant to immunity agreement
  • stating that the trial court must “approve[] the dismissal that results from an immunity agreement”
  • State may offer use and *453 derivative-use immunity if it needs to compel witness testimony, and that immunity agreement must be ratified by trial judge, but "[t]he trial court's role is very limited in this context.”
  • State may offer use and derivative-use immunity if it needs to compel witness testimony, and that immunity agreement must be ratified by trial judge, but "[t]he trial court's role is very limited in this context."

Written by the judges who cited it.

The opinion

JOHNSON, J.,

filed a concurring opinion.

The opinion of the Court cites to Graham v. State, 994 S.W.2d 651 (Tex.Crim.App.1999), and again uses the terms “immunity agreement” and “agreement not to prosecute” interchangeably, one of the bases on which I differed with the majority in Graham. See id. at 657-658 (Johnson, J., concurring). I am unable to equate logically “a prosecutorial promise to dismiss a case” (ante at 851), with a prosecu-torial promise not to file at all. However, this case is unlike Graham , in that criminal charges were filed and then dismissed with the approval of a judge and that both sides agreed at that time that there was an immunity agreement. I agree that once criminal charges are filed, whether by information or indictment, the approval of a judge is needed to dismiss them. I continue to believe that, until charges are filed, a dismissal of a complaint or a decision not to file formal charges rests within the sound discretion of the prosecutor and need not be ratified by a judge. With these comments, I join the opinion of the Court.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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