Granbury Mayor Charged with Felony DWI
On Monday, Hood County prosecutors upgraded the misdemeanor DWI charge against Granbury’s mayor to a felony after learning he had two prior convictions for drunken driving.
Mayor Nin Hulett was arrested on April 25 following a traffic stop by police in Granbury. He was initially charged with DWI, a class B misdemeanor.
On Monday, that charge was upgraded to DWI Felony Repetition after police and prosecutors confirmed he had been twice before convicted of driving while intoxicated – including in Fort Worth in 2007 and in Missouri in 1999.
In Texas, a third DWI is a felony, punishable by 2 to 10 years in prison and a maximum $10,000 fine. Under Texas law, it does not matter how far in the past or where the previous DWIs occurred.
For example, the mayor’s first conviction was reportedly more than 20 year ago in Missouri. The second conviction is more than 13 years old in Texas.
The state can use those convictions – even though one is decades old and from another state – to enhance his most recent DWI charge.
It’s also important to point out that the priors must be convictions – not just arrests – before they can be used to enhance the charge. In this case, law enforcement are reporting that the mayor was previously convicted of DWI.
The mayor is currently free after posting bond.
Alcohol To-Go Heads to Texas Governor’s Desk
The Texas Senate passed a measure last week allowing Texans to permanently purchase alcohol to-go from restaurants.
House Bill 1024, which cleared the lower chamber last month, would allow beer, wine and mixed drinks to be included in pickup and delivery orders, including from third-party companies like Grubhub and Door Dash.
The new, permanent alcohol to-go option is an effort to boost the restaurant industry that was devastated during the pandemic. Last March, Gov. Greg Abbott signed a waiver allowing restaurants and some bars to sell alcohol-to-go and has continued to extend it.
Now, lawmakers stepped in and made it permanent.
The legislation – which was filed by state Representative Charlie Geren, a restaurant owner in Fort Worth – was approved in an almost unanimous vote.
The Governor has said that if the bill makes it to his desk, he will sign it. The Texas Alcoholic Beverage Commission reported yesterday that they expect the signature within the next 10 days. HB1024 will become law immediately.
It’s important to point out that the proposed legislation does not change Texas’ open container laws. The to-go beverages must be sealed in their original manufacturer-sealed container or in a tamper-proof container labeled with the business name. The beverage also cannot be transported in the passenger area of a vehicle.
Texas House Passes Bill Requiring Judges to Vet Jailhouse Informants
Last week, the Texas House passed a bill that would require judges to review the reliability and credibility of a jailhouse informant before allowing the inmate to testify during a trial. The bill – dubbed the John Nolley Act – aims to prevent false informant testimony and stems from a Tarrant County wrongful murder conviction.
On Tuesday, lawmakers passed House Bill 2631, which would require a judge to hold pre-trial hearings to review a jailhouse informant’s testimony before it is presented in court in serious cases. It would also require judges to issue cautionary jury instructions if the testimony is admitted.
The bill has numerous sponsors, but its main author is State Rep. Matt Krause, of Fort Worth. It was approved by 143 of the 150 members of the Texas House last week.
The bill aims to prevent wrongful convictions that stem from the erroneous testimony of jail house informants.
One of those wrongfully convicted was John Nolley. He was convicted of murder in 1996 in the death of his friend, Sharon McLane, who was found stabbed 57 times. During his trial, prosecutors presented no direct evidence or forensic evidence. He was convicted on the testimony of a jailhouse informant who lied.
Nolley was later exonerated after spending 19 years behind bars. He has become the face and name behind House Bill 2631.
Officials said more than a dozen Texans have been wrongfully convicted due to bogus testimony of jail inmates hoping for leniency.
Recently, a former Dallas police officer was arrested and accused of ordering two murders in 2017 based, in part, on the testimony of a prison inmate serving time for murder. A judge ordered the officer’s release, citing no probable cause to proceed on capital murder charges.
House Bill 2631 will now be taken up by the Texas Senate. If passed, it will take effect September 1.
