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Appeal reinstated in Paniagua case
By BARRY HALVORSON
news@leader-news.com
The Texas 13th Court of Criminal Appeals has reinstated the appeal proceedings of the man convicted of killing Needville ISD’s police chief in a 2007 fatal wreck.
Guillermo Paniagua Paniagua’s appeal, Assistant Wharton County District Attorney Gordon Dudley said, is based on three points including the “voluntariness of the defendant’s statements” which briefly stalled the appeals process between Oct. 8 and Oct. 16 while justices sought additional information.
“Normally in a trial, the court produces a finding of fact at the request of one of the sides involved, usually the defense,” Wharton County District Attorney Josh McCown said. “In this case, one was never requested. We never felt that it was an issue and if it was an error, it was a harmless error and not sufficient for a new trial.”
The question raised concerned whether or not the confession Paniagua made to law enforcement officers was voluntary.
In his response to the appeal court’s request for information, District Court Judge Daniel Sklar found the “defendant speaks sufficient English to understand the warnings required in the Texas Code of Criminal Procedure,” that he received such warnings and that the court found the state’s witnesses credible regarding the circumstances of the confession. Sklar added the court finds the statements were freely, knowingly and voluntarily made and properly admissible.
The situation came up, Dudley said, when the appeals court was questioned on another case ruling regarding trial transcript documentation.
“This was more of an afterthought on the part of the court,” he said.
McCown said the appeal is well into the process and the appeal briefs have been read and oral arguments given.
“All that is left is for the court to render its decision,” he said.
To read more of this story, pick up a copy of Wednesday’s Leader-News.
Guillermo Paniagua Paniagua’s appeal, Assistant Wharton County District Attorney Gordon Dudley said, is based on three points including the “voluntariness of the defendant’s statements” which briefly stalled the appeals process between Oct. 8 and Oct. 16 while justices sought additional information.
“Normally in a trial, the court produces a finding of fact at the request of one of the sides involved, usually the defense,” Wharton County District Attorney Josh McCown said. “In this case, one was never requested. We never felt that it was an issue and if it was an error, it was a harmless error and not sufficient for a new trial.”
The question raised concerned whether or not the confession Paniagua made to law enforcement officers was voluntary.
The situation came up, Dudley said, when the appeals court was questioned on another case ruling regarding trial transcript documentation.
“This was more of an afterthought on the part of the court,” he said.
McCown said the appeal is well into the process and the appeal briefs have been read and oral arguments given.
“All that is left is for the court to render its decision,” he said.
To read more of this story, pick up a copy of Wednesday’s Leader-News.
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