Second Court of Appeals

Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of August 30, 2021.

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.

Megwa v. State, No. 02-19-00386-CR (Sept. 2, 2021) (Sudderth, C.J., joined by Womack and Wallach, JJ.).

Held:  The Legislature’s goal under Code of Criminal Procedure Article 18.01(d) was to prevent repeated and harassing general exploratory searches, not to prevent specific searches for specific items related to a new offense and supported by new probable cause determinations unrelated to the first search.  Further, when a second search warrant to search the same place is issued under not only subsection (a)(10) of Code of Criminal Procedure Article 18.02 but also subsections (a)(8), (a)(9), and (a)(12), Article 18.01(d)’s “subsequent search warrant restrictions” will not necessarily foreclose the admission of evidence seized thereunder.