Case law

Good v. State

98 Tex. Crim. 556 · Court of Criminal Appeals of Texas · Oct 8, 1924

To establish the motive of one accused of homicide to take the life of another that the deceased was an actor in the maintaining of some judicial proceeding against the accused, pending or soon to begin, has often been asserted … Moreover, from the bill as qualified and the evidence in the case, we understand that the cattle involved in the indictment belonged to Mrs.

State Ex Rel. Rosenthal v. Poe

98 S.W.3d 194 · Court of Criminal Appeals of Texas · Feb 12, 2003

Would that order constitute a "discretionary judicial ruling" that is immune from mandamus relief? … If the particular proceeding in question passes these tests of experience and logic, a qualified First Amendment right of public access attaches....

Hill v. State

134 Tex. Crim. 163 · Court of Criminal Appeals of Texas · Mar 23, 1938

Clearly it was hearsay, not based upon any predicate that would admit of such being taken out of the hearsay rule, was made before the deceased’s injuries occurred, and should not have been admitted. … sitting here swearing this and don’t expect anything else only to be shot down and killed just like a dog, but I am going to tell you the truth.” *169 Under the testimony of the two Miller boys unquestionably there was established

Watson, Ex Parte Frank Eugene

Court of Criminal Appeals of Texas · May 6, 2009

facts required to establish[] the commission of the offense charged’?” … WATSON - Page 10 Conclusion Because the offense of failure to yield right-of-way fails to qualify as a lesser offense of intoxication assault under the first step of

Guzman v. State

85 S.W.3d 242 · Court of Criminal Appeals of Texas · May 22, 2002

Should the trial court automatically determine that the opponent has established purposeful discrimination? In Powers v. … Under normal circumstances, we would now consider whether, under the dual motivation analysis, the trial court’s ruling was “clearly erroneous.” 45 To determine whether the factfinder’s decision is “clearly erroneous,” appellate

Blake v. State

971 S.W.2d 451 · Court of Criminal Appeals of Texas · Jun 24, 1998

He argued that the evidence established that his victim was an accomplice as a matter of law, and the trial court erred in failing to so charge the jury. … Furthermore, a witness who is indicted for the same offense as the accused, but is promised immunity if he testifies against the accused, is an accomplice witness as a matter of law. Stiles v.

Clark v. State

881 S.W.2d 682 · Court of Criminal Appeals of Texas · Mar 9, 1994

Grigson’s inability to predict future dangerousness than any other evidence that counsel could have used to establish that fact.” … “to show that he’s been wrong, that he’s made mistakes,” appellant did not clearly articulate such desire. As stated above, clearly the focus was upon Dr.

Williams v. State

622 S.W.2d 116 · Court of Criminal Appeals of Texas · Oct 14, 1981

In this situation, I believe a venire member must repudiate any earlier, conflicting responses which would otherwise qualify that person under Witherspoon or Adams . … This clearly occurred here when Ms.

Few v. State

588 S.W.2d 578 · Court of Criminal Appeals of Texas · Sep 26, 1979

Therefore, by leaving out the qualifying phrase, it is unclear whether this information charged the possession of marihuana or the possession of THC other than marihuana. … Clearly, marihuana cannot be the concentrated chemicals, or resins of the plant, nor can marihuana legally be the isolated chemical compounds.

Grotti, Lydia H. AKA Grotti, Lydia

Court of Criminal Appeals of Texas · Jun 25, 2008

McGhee’s heart established a sinus rhythm7 at 20:18, and she was put on a ventilator. Once McGhee exhibited a sinus rhythm, Dr. … Of these witnesses, two on each side were qualified as expert witnesses.

Kelly v. State

824 S.W.2d 568 · Court of Criminal Appeals of Texas · Feb 5, 1992

By then it is clearly too late to marshall experts to formulate an opposing opinion (if any) as to the validity of either principle or technique underlying the proffered evidence. … If the proponent of evidence of a novel scientific theory or technique cannot show it establishes or refutes, tends to establish or refute, or at least makes “more or less probable” "the existence of any fact that is of consequence

Grotti, Lydia H. AKA Grotti, Lydia

Court of Criminal Appeals of Texas · Jun 25, 2008

McGhee's heart established a sinus rhythm (7) at 20:18, and she was put on a ventilator. Once McGhee exhibited a sinus rhythm, Dr. … Of these witnesses, two on each side were qualified as expert witnesses. Fourteen "non-expert" witnesses testified as to what each had done and seen that day.

Battaglia v. State

537 S.W.3d 57 · Court of Criminal Appeals of Texas · Sep 20, 2017

The competency standard articulated and applied by the Florida Supreme Court is not inconsistent with clearly established federal law, as set forth in Ford and Panetti.... … Womack was the most qualified out of the four experts to make a determination of competency to be executed.

Spielbauer, Jeremy David

Court of Criminal Appeals of Texas · May 5, 2021

Spielbauer—7 Rochelle held that the State must raise preservation arguments “in orderly and timely fashion” in the court of appeals, and arguments made in a timely motion for rehearing did not qualify as timely … A contrary holding “would encourage piecemeal appellate litigation in the courts of appeals, which is clearly not the object sought to be attained by the promulgation of the rules.”

Gusman v. State

72 Tex. Crim. 258 · Court of Criminal Appeals of Texas · Dec 17, 1913

The questions are clearly and pointedly leading and suggestive. The court said he permitted this because they were Mexicans and did not seem to understand very well, speaking through an interpreter. … The same objections and same procedure was gone through, and the court qualifies this bill by referring to his qualification of the previous bill.

Giles v. State

66 Tex. Crim. 638 · Court of Criminal Appeals of Texas · Apr 10, 1912

No former opinion of this court is overruled, modified, or qualified by the original opinion herein rendered, nor is it in conflict with any previous opinion of this court. … No new rule is established and the decision heretofore rendered is supported by all the authorities, statutory and decisions, from this State.

Thompson, Ex Parte Robert Lee

Court of Criminal Appeals of Texas · Nov 9, 2005

The evidence was clearly sufficient to establish that applicant participated in the murder of Mr. Rahim and intended his death. … As the Fifth Circuit explained: The evidence was clearly sufficient to establish that Aguilar participated in the murder of Leo, Sr.

Morris, Daniel Ray

Court of Criminal Appeals of Texas · Dec 7, 2011

Although the record in this case may be sparse, an examination of court decisions establishes rather clearly that we are not at the “dawn of judicial consideration” for this type of testimony. … How often “grooming” as a subject is addressed by practitioners within this field is clearly relevant to the reliability of grooming testimony as a whole.

Morris, Daniel Ray

Court of Criminal Appeals of Texas · Dec 7, 2011

Although the record in this case may be sparse, an examination of court decisions establishes rather clearly that we are not at the "dawn of judicial consideration" for this type of testimony. … How often "grooming" as a subject is addressed by practitioners within this field is clearly relevant to the reliability of grooming testimony as a whole.

Blankenship v. State

780 S.W.2d 198 · Court of Criminal Appeals of Texas · Nov 15, 1989

An unfinished house could not qualify even though people slept therein, but a business could if regularly slept in at night. Id. at 712. … Buildings *208 which were not residences did not qualify unless they were attached to residences or qualified via spatial proximity as part of the habitation's "curtilage." Id.