TX1: Cell phone was abandoned on roof of abandoned getaway car

The getaway car for a robbery was left outside the scene when the occupants got out of the car to shoot but scattered after gunfire. Defendant’s cell phone was left on the roof of the car. This was an abandonment of the phone. Edwards v. State, 2016 Tex. App. LEXIS 6374 (Tex. App. – Houston (1st Dist.) June 16, 2016) (concurring).

The search of defendant’s house was valid under apparent authority of the co-occupant to consent, so defense counsel wasn’t ineffective for not challenging the search. Painter v. Ballard, 2016 W. Va. LEXIS 526 (June 15, 2016) (mem.).*