Homan v. State, 962 S.W.2d 599 (Tex. Crim. App. 1998). · Go Syfert
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Homan v. State, 962 S.W.2d 599 (Tex. Crim. App. 1998). Cases Citing This Book View Copy Cite
8 citation events (7 in the last 25 years) across 2 distinct courts.
Strongest positive: Schultze v. Quarterman (txsd, 2008-09-30)
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (rule) Schultze v. Quarterman
S.D. Tex. · 2008 · confidence medium
Ex parte Homan, 963 S.W.2d 543, 545 (Tex.App.-Tyler 1996), pet. dism’d, improvidently granted, 962 S.W.2d 599, 600 (Tex.Crim.App.1998); accord, Benavides v. State, No. 03-05-00464-CR [ 2007 WL 1028861 , *5-*6], 2007 Tex.App.
cited Cited as authority (rule) Ex Parte Simpson
Tex. App. · 2002 · confidence medium
He cites Ex parte Homan, 963 S.W.2d 543, 544 (Tex.App.-Tyler 1996), pet. dism’d, improvidently granted, 962 S.W.2d 599, 600 (Tex.Crim.App.1998).
cited Cited as authority (rule) Ex Parte: Lionel Simpson
Tex. App. · 2002 · confidence medium
He cites Ex parte Homan , 963 S.W.2d 543, 544 (Tex. App.-Tyler 1996), pet. dism'd, improvidently granted , 962 S.W.2d 599, 600 (Tex. Crim.
Retrieving the full opinion text from the archive…
Elbert Michael Homan
v.
the State of Texas.
No. 164-97.
Court of Criminal Appeals of Texas.
Mar 11, 1998.
962 S.W.2d 599
William M. House, Jr., Palestine, for appellant. Page 600 Mark A. Calhoon, Asst. Dist. Atty., Palestine, Matthew Paul, State's Atty., Austin, for State.
Baird.
Cited by 10 opinions  |  Published

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

BAIRD, Judge.

Appellant was charged on July 18, 1996, with capital murder and bond was set at $75,000. Appellant filed a motion seeking to reduce the amount of the bond. On July 25, 1996, at the hearing on the motion, defense counsel attempted to question appellant for the limited purpose of determining his ability to make bond. The State objected, arguing that if appellant testified, he should be subject to unlimited cross-examination, including the facts of the instant case. The trial court agreed. On that basis, appellant did not testify and made a timely bill of exception.

In an accelerated appeal, the Court of Appeals reversed, holding: “[A] defendant may testify in a bail hearing regarding his ability to make bail without subjecting himself to cross-examination on the nature and circumstances of the offense with which he is charged.” Ex parte Homan, 968 S.W.2d 543, 544 (Tex.App.—Tyler 1996). The State petitioned for discretionary review on January 30, 1997. Review was granted on October 1, 1997. Oral argument was heard on January 28,1998.

It has come to our attention that on December 11, 1996, appellant was convicted of capital murder and sentenced to confinement for life. Therefore, our October 1,1997 decision to grant review was improvident. Accordingly, the State’s petition for discretionary review is dismissed.