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TX HB4254
Bill
Status
3/10/2025
Primary Sponsor
William Metcalf
Click for details
AI Summary
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Allows courts to grant a mistrial in felony cases after jury swearing only upon finding that no lesser remedy would adequately protect the defendant's constitutional rights under Texas and U.S. Constitutions
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Requires courts to immediately enter specific findings of fact and conclusions of law when granting a mistrial at the state's request; failure to do so creates an irrebuttable presumption the order lacked basis and is subject to reversal
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Grants the state the right to appeal mistrial orders or trial terminations in felony cases after the jury has been sworn, adding this to the existing list of appealable orders
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Mandates that appeals of mistrial orders be expedited, with appellate record preparation taking priority over all other records by district clerks and court reporters
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Applies only to criminal proceedings commencing on or after September 1, 2025
Legislative Description
Relating to appeal of a mistrial order in a felony case.
Criminal Procedure
Last Action
Left pending in committee
4/29/2025