TYLER, TX (KLTV) - SMITH COUNTY, TX (KLTV) - There was another delay in the case of 17-year-old Byron Truvia. The 12th court of appeals has granted an emergency motion filed by Truvia's attorney.
Friday, a judge denied the defense's request for another mental evaluation. Attorney Jim Huggler argues that study is necessary to determine whether Truvia is tried as an adult. That decision was supposed to come down this morning. However, court was quickly adjourned once the appeals court's decision was filed.
"Because discretionary transfer is not appealable until after an adult conviction, it could be years before this issue is looked at and by not ordering this, any adult conviction, if it is had, could be reversed by a court of appeals," said Huggler.
The state is expected to respond to the order next week before the appeals court begins hearing oral arguments in the case.