Texas v. Hill (original by judge richardson)
Annotate this CaseAppellee Albert G. Hill III and his wife Erin were indicted in 2011 for making false and misleading written statements to Omni American Bank when procuring a $500,000 home-equity loan in 2009. Within six months, the State dismissed the indictments against Erin Hill. Shortly thereafter, Albert moved to quash and dismiss his indictments. The trial court held an evidentiary hearing and granted Hill’s motion to dismiss with prejudice. The State appealed, but the Court of Appeals sustained the State’s first two points of error and reversed the dismissals, holding that the trial court judge “erred in conducting a hearing on Hill’s motion to dismiss.” Hill appealed, and after review, the Court of Criminal Appeals disagreed the Court of Appeals and held that the trial court did not abuse its discretion by conducting a pretrial evidentiary hearing on Hill’s motion to dismiss. The Court reversed and remanded the case back to the Court of Appeals to address the State's remaining issues raised to challenge the trial court's dismissal of the indictments against Mr. Hill.
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