# Qualley v. State

> Court of Criminal Appeals of Texas · May 24, 2006 · 206 S.W.3d 624

URL: https://www.frixlaw.com/law-library/cases/9620763

## Case

- **Full name:** Veronica Dawn QUALLEY and Sonny Dale Moore, Appellants, v. the STATE of Texas
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** May 24, 2006
- **Citations:** 206 S.W.3d 624; 2006 Tex. Crim. App. LEXIS 1007; 2006 WL 1408460
- **Precedential status:** Published
- **Opinion:** Concurrence by Hervey
- **Judges:** Hervey, Keasler, Johnson
- **Cited by:** 49 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9620763

## How later opinions describe it (automated extraction)

- concluding ground for severance must be raised in timely manner

## Opinion text

HERVEY, J.,
concurring in which KEASLER, J., joined.
I agree with the Court that any error in denying appellant Moore a severance under the “previous admissible conviction” portion of Article 36.09, Tex.Code CRiM. PROC., was harmless because appellant Qualley’s previous conviction was not admitted. See Qualley/Moore v. State, 206 S.W.3d 624, 637-38 (Tex.Cr.App. Nos. PD-1971-04 and PD-1976-04, delivered this date). Moore also claimed that the trial court’s failure to grant him a severance prejudiced him by preventing him from using Qualley’s prior conviction to show Qualley’s identity as the one who killed the victim and to explain why Moore would falsely confess to the police. The Court decides that Moore procedurally defaulted the latter claim and that the former claim is without merit because Qualley’s prior conviction was not admissible to show Qualley’s identity. See Qualley/Moore, 206 S.W.3d at 629-30, 630-31, 637-38 . I would decide that Moore procedurally defaulted both of these claims by not asserting them until the middle of trial. See id. I otherwise join the Court’s opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9620763. Public record. Not legal advice.