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Court denies key parts of McIntyre motion for new trial over NCIC/TCIC disclosure and prosecutor remarks
Summary
Defense counsel argued the state improperly limited access to NCIC/TCIC criminal-history records and misstated a witness’s post‑charge conduct; the 187th District Court denied the defense’s numbered claims on disclosure and prosecutorial-comment grounds at the hearing.
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Defense counsel John Hunter asked the court for a new trial in the case of Tamar McIntyre, arguing the prosecution improperly restricted defense access to NCIC/TCIC criminal-history records and later made incorrect statements about a witness’s conduct. Prosecutors cited 28 C.F.R. Part 20 and Texas Government Code §411.083 as reasons for limiting dissemination; defense counsel said the documents were handed to him briefly but he was not allowed to copy, photograph or otherwise retain them during trial.Hunter also argued the state misstated a key witness’s post‑charge conduct in closing argument — specifically, he said the prosecution implied the witness had complied with bond conditions when related records showed additional arrests and a subsequent conviction. The state responded that any misstatement was inadvertent, that defense counsel had the opportunity to cross-examine the witness and could have recalled her at punishment, and that closing argument is argument, not evidence.Judge Stephanie Boyd denied the defense’s motion as to the disclosure claim (labeled 0.1 in the motion) and denied the claim about prosecutorial misstatement (0.2). The judge allowed the defense to file an amended notice and preserved the record of the arguments. Hunter told the court he would file an amended notice to pursue additional relief. The court’s ruling concluded the motion portion addressed at that hearing would be denied.

