Author Archives: Sara Spector

EX PARTE DUSTIN DOAN

Criminal courts

I came across a new Texas Court of Criminal Appeals decision that should be read by anyone who practices criminal defense law in Texas. The cite is 369 SW3d 205. Before this decision many judges in Texas were ruling that the Rules of Evidence do not apply to probation revocation hearings because they were adminstrative in nature. This case clarifies that the Texas Rules of Evidene do apply to revocation hearing. As of this decision, hearsay is not allowed to be used as evidence in revocation hearings. I hope this helps! This case is a must read.