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Judge denies motion to quash in manslaughter case; case set for trial
Summary
The court denied a defense motion to quash an indictment in the manslaughter case against Harry Francis Lowenthal after competing arguments about a fentanyl-related statute; the judge ordered the case placed on the trial docket and confirmed previously rejected plea offers remain off the table absent new evidence.
Presiding Judge denied a motion to quash the indictment in the manslaughter case against Harry Francis Lowenthal and ordered the matter moved to the trial docket.
The question before the court was whether language drawn from a fentanyl-related provision of the Texas Health and Safety Code improperly altered the mens rea required for manslaughter. Mister Reynolds, defense counsel, argued the indictment was “some sort of a hybrid” that invited the court to apply the Health and Safety Code provision in a way that lowered the state’s…
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