The following are summaries of selected criminal opinions issued by the Third Court of Appeals from July 2023. The summaries are overviews; please review the entire opinions. Subsequent histories are current as of Jan. 3, 2024.
JURISDICTION—APPEALABLE ORDERS BY THE STATE: Appellate court lacked jurisdiction to review trial court order granting in part defendant’s motion in limine.
State v. Nassour, No. 03-23-00079-CR (Tex. App.—Austin July 13, 2023, pet. ref’d) (mem. op., not designated for publication).
Nassour and his co-defendant were indicted for tampering offenses. Nassour’s co-defendant filed a pretrial application for writ of habeas corpus and motions to dismiss, challenging the indictment and arguing that his prosecution was preempted by the federal Privacy Protection Act. He also filed a motion in limine requesting that the trial court issue an order prohibiting and precluding the State from arguing or introducing evidence regarding certain matters, including several matters pertaining to the defendants’ legal rights and duties regarding video footage that was the subject of the charged offenses. Nassour joined the motion.