Summary
The Fourth Court of Appeals of Texas affirmed the trial court's denial of a pretrial writ of habeas corpus filed by Alfonso Espinoza Gonzalez. The appellant alleged that his arrest for misdemeanor criminal trespass under Operation Lone Star constituted gender-based selective prosecution in violation of equal protection guarantees. Relying on precedent regarding the high evidentiary burden for such claims, the court found insufficient proof of discriminatory intent and upheld the lower court's ruling.
Topics
Practice areas
Questions Presented
- Whether a selective prosecution claim is cognizable in a pretrial habeas corpus proceeding.
- Whether appellant satisfied the selective prosecution burden, particularly the requirement of exceptionally clear evidence of discriminatory purpose.
Holdings
- The claim is cognizable on appeal.
- Appellant failed to show the discriminatory purpose; the trial court did not err in denying relief.
Key quotations
“To establish a prima facie case of “selective prosecution or selective enforcement, the claimant must prove with ‘exceptionally clear evidence’ that: 1. The prosecutorial policy had a discriminatory effect; and 2. it was motivated by a discriminatory purpose.” (at 2)
“Because Appellant failed to establish the second prong of his selective prosecution claim, the trial court did not err in denying his application for writ of habeas corpus. Accordingly, we affirm the trial court’s order denying Appellant’s pretrial application for writ of habeas corpus.” (at 3)
Factual background
Appellant was arrested and charged with misdemeanor criminal trespass during Operation Lone Star. He claimed the State selectively prosecuted men for the offense while similarly situated women were not prosecuted, alleging a violation of equal protection.
Procedural history
The trial court, County Court of Kinney County, denied appellant’s pretrial application for a writ of habeas corpus after he alleged selective prosecution under the Equal Protection clauses. The appellate court reviewed the denial.