Case law

Opinions from 1658 to today.

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  • Kennedy, Michael Patrick

    Court of Appeals of Texas · Jul 1, 2015

    Al Yonovitz who was qualified as an expert in the area of acoustics. (RR IV:203) Dr. Yonovitz conducted an audio analysis of State’s Exhibit 1- the video of the roadside stop and shooting. … It was established from two unimpeached expert witnesses that Officer Kunz fired the first shot.

    Cited 0 timesPublished
  • Wolfe, Jennifer Banner

    Court of Appeals of Texas · Dec 18, 2015

    In assessing reliability, the Daubert court clearly stated there is *577 no checklist or specific test. … Gardner, Immunizations, Retinal and Subdural Hemorrhages: Are They Related?, 64 Med. Hypothesis 663, 663 (2005). 163 Michael O.

    Cited 0 timesPublished
  • Vasquez, Richard

    Court of Appeals of Texas · Apr 20, 2015

    sufficient to produce the result and the conduct of the actor clearly insufficient.” … , is clearly 16 insufficient, then the defendant cannot be convicted.”

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  • in Re the State of Texas Ex Rel. Abelino Reyna, Relator v. Court of Appeals for the Tenth District

    Court of Appeals of Texas · Sep 16, 2015

    denied, 516 U.S. 946 (1997) (“The mere fact of media attention and publicity do not, however, automatically establish prejudice.”). … The MPA, established in 1919, represents over 175 domestic magazine media companies with more than 900 magazine titles.

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  • Bocanegra v. State

    519 S.W.3d 190 · Court of Appeals of Texas · Feb 16, 2017

    (stating that jury’s decision showed that it “clearly .,. did not believe” appellant’s testimony that he had touched the victim’s sexual organ only as a caretaker). … Given that the word “but” generally signals that a speaker is changing directions or departing from his previous statement, Bocane-gra’s use of that word indicated that he intended to change, or at least qualify, his initial

    Cited 4 timesPublished
  • Lares, Richard

    Court of Appeals of Texas · Dec 28, 2015

    Counts I and II are clearly not within the range of the alleged complaint affidavit tendered by the alleged victim. … The Aleged Victim's Affidavit to Det.Armstrong clearly stated the she is aleging a date for when she was 13 years old not 9 or"10.

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  • Duckels v. Dougherty

    226 S.W. 720 · Court of Appeals of Texas · Jun 30, 1920

    The testimony objected to was clearly not admissible. Neither of these witnesses were experts on the question of mental diseases, nor were they offered as such experts. No one of them was a physician. … Livingston, supra, it is said: "The seventh assignment of error involves the question whether it is permissible for a witness who has shown himself qualified to testify as to one's mental condition or state to give it as

    Cited 3 timesPublished
  • Sixta, Daniel James

    Court of Appeals of Texas · Feb 23, 2015

    Applicant's attempt to kill himself the night before his punishment hearing is clearly established by the record. … Recent studies have clearly said, very clearly, you can not tell the difference between an accidental fracture and an inflicted fracture by how bad it is, how complicated it is, whether or not it crosses the suture line,

    Cited 0 timesPublished
  • Cary, Stacy Stine

    Court of Appeals of Texas · May 19, 2015

    Additionally, by failing to charge bribery by political contribution under section 36.02(a)(4), as it should have, the State avoided the stringent proof requirements of that subsection, which the State clearly did not meet … (b) It is no defense to prosecution under this section that a person whom the actor sought to influence was not qualified to act in the desired way whether because he had not yet assumed office or he lacked

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  • Osborne, Ausbon

    Court of Appeals of Texas · Sep 16, 2015

    To be sure, as demonstrated Appellant would have qualified for a medical care defense instruction in the context of an allegation of digital penetration. … If there are two permissible views of the evidence, the fa ctfinder's choice between them cannot be clearly erroneous. Riley, 378 S.W.3d at 457.

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  • Pedder, David Clifford Jr.

    Court of Appeals of Texas · Jun 19, 2015

    SUMMARY OF THE ARGUMENT I Applicant was denied effective assistance of counsel in violation of I the Sixth Amendment and clearly established federal law, specifically I Strickland v. … I also told Don that David was probably the best and most qualified mechanic that ever worked for 1,1 me.

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  • Allen, Lynwyatt

    Court of Appeals of Texas · Sep 30, 2015

    The case law establishes that, if Applicant's decision to enter a plea bargain agreement was in any way influenced by the court's erroneous ruling on the motion to suppress, relief should be forthcoming. … Arambula among the most highly qualified to testify with regard to psychopharmacology, the study of effects of alcohol and other chemicals on the mind and body.

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  • Texas Rice Land Co. v. Langham

    193 S.W. 473 · Court of Appeals of Texas · Feb 15, 1917

    Supreme Court denied a writ of error, the court said: “The distinction between enforcing illegal contracts, or contracts void as against. public policy, and asserting title to property or money which has arisen from them, is clearly … He had never been issued any certificate by the other two trustees; no, sir; he was never qualified, that is, according to the decision of that court.

    Cited 1 timesPublished
  • Reger, Russell Jay

    Court of Appeals of Texas · Jan 30, 2015

    (C)> Going Into the direct appellate record in this case, the established record clearly portrays that the trial Court and ALL related parties believed that Judge Woodlock signed final appealable … Appellantargues that Judge Catalano was disqualified from presiding over his DNA motion; that regional administrative judge, Judge Jeff Walker, improperly denied his motion to recuse Judge Catalano; and that Judge Woodlock was not qualified

    Cited 0 timesPublished
  • Solis-Gonzalez, Luis

    Court of Appeals of Texas · Mar 12, 2015

    In regard to the second element, an act is ministerial in nature if the law clearly spells out the duty to be performed with such certainty that nothing is left to the exercise of discretion or judgment, that is … S.B. 1292, 83rct Leg., R.S. (2013) (''The bill establishes procedures for determining which biological materials collected as part of the investigation qualify as biological evidence that is required to be tested, including

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  • Tercero, Bernardo Aban

    Court of Appeals of Texas · Aug 18, 2015

    Relevant mitigating evidence clearly included “the defendant’s childhood and his physical and mental health.” Id. … Smith, 539 U.S. 510, 524 (2003) (citing to 1989 ABA Guidelines to establish prevailing professional norms in 1989 capital trial).

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  • Tercero, Bernardo Aban

    Court of Appeals of Texas · Aug 18, 2015

    Relevant mitigating evidence clearly included “the defendant’s childhood and his physical and mental health.” Id. … Smith, 539 U.S. 510, 524 (2003) (citing to 1989 ABA Guidelines to establish prevailing professional norms in 1989 capital trial).

    Cited 0 timesPublished
  • Turner, Albert James

    Court of Appeals of Texas · Jan 21, 2015

    This clearly incorporates the case law development of that criterion[.]”). 35 See TEX.CODE CRIM. … AP–76,998 & AP–76,999, at clearly controlling legal principles.’ ” Weeks, 391 S.W.3d at 6–7; see Burnett, 642 S.W.2d at 770. Today we reaffirm that 122.

    Cited 0 timesPublished
  • Petetan, US Carnell Jr. A/K/A Carnell Petetan, Jr.

    Court of Appeals of Texas · Aug 27, 2015

    The evidence clearly shows the complainant was not killed during Petetan’s initial burglarious conduct. … The evidence clearly shows the complainant was not killed during Petetan’s initial kidnapping.

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  • Allen, Dennis Lee

    Court of Appeals of Texas · Nov 25, 2015

    Nevertheless, the evidence clearly shows that the prosecutor did not show these letters to defense counsel. … The evidence establishes that the prosecutor did not show these letters to either defense counsel.

    Cited 0 timesPublished

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