Second Court of Appeals

Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of February 1, 2016.

NOTE:  Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions (PDF version) can be accessed by clicking the cause number.

Logan v. State, No. 02-15-00140-CR (Feb. 4, 2016) (Dauphinot, J., joined by Walker and Sudderth, JJ.).

Held:  In this criminal trespass case, the trial court committed structural error by allowing Appellant to represent herself because her waiver of counsel, based in part on her fear that she would not be able to find an attorney independent of the system of harassment that she believed she had been subject to by a secret society and sex ring, was neither knowing nor voluntary.  The trial court also violated article 46B.006 of the code of criminal procedure by failing to appoint counsel before the competency evaluation.