Case law

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.

Bays, Michael Jay

396 S.W.3d 580 · Court of Criminal Appeals of Texas · Apr 17, 2013

It clearly contemplates that a person, subject to confrontation and cross-examination, will testify about what was said.” … Subsection (b) establishes additional procedural requirements, including that the party intending to offer the statement provide the adverse party with a “written summary of the statement” and the “name of the witness through

CHAVEZ, FACUNDO v. the State of Texas

Court of Criminal Appeals of Texas · Aug 20, 2026

After individual voir dire, and after qualifying the 48 venirepersons, the trial court listed the qualified jurors from which the parties would exercise their peremptory strikes. … Clearly, discussion was getting somewhere, and the judge noticed.

Celis, Mauricio Rodriguez

Court of Criminal Appeals of Texas · May 15, 2013

The trial court, therefore, should not have defined it in the jury charge unless it has an established legal definition or has acquired a technical meaning. … App. 2007) (felony-murder statute may dispense with mental-state requirement because statute "still requires a defendant to commit a felony involving a clearly dangerous act"). 14.

Morse v. State

147 Tex. Crim. 272 · Court of Criminal Appeals of Texas · May 17, 1944

Mead, who qualified as an amateur astronomer competent to give evidence in the case. … Nevertheless, it would be clearly without reason if based on an arbitrary hour. We are not unmindful of a more recent opinion of the Supreme Court in the case of McFarlane v. Whitney, 134 S.

Hall, Justen Grant

Court of Criminal Appeals of Texas · Jun 27, 2007

elements of the crime beyond a reasonable doubt. (3) Under a factual sufficiency review, we examine the evidence with two questions in mind. (4) First, we ask whether the evidence is so weak that the jury's verdict seems clearly … In point of error sixteen, appellant argues that the trial court erred when it denied appellant's motion to preclude the prosecution from death-qualifying jurors.

Douds, Kenneth Lee

472 S.W.3d 670 · Court of Criminal Appeals of Texas · Oct 14, 2015

“As regards specificity, all a party has to do to avoid the forfeiture of a complaint on appeal is to let the trial judge know what he wants, why he thinks himself entitled to it, and to do so clearly enough for the judge … Appellant’s counsel’s questions and arguments at the hearing were devoted solely to establishing that the statutory requirements for a mandatory blood draw had not been met.

Powell v. State

897 S.W.2d 307 · Court of Criminal Appeals of Texas · Dec 7, 1994

When a sufficient number of venire-members was “death qualified” a general voir dire was conducted. After the general voir dire, the parties exercised their peremptory challenges and the jury was selected. Id. at 35 . … The fact that a psychiatrist works for the State does not alone establish that he is biased. Id. See also Von Byrd v.

Simpkins v. State

590 S.W.2d 129 · Court of Criminal Appeals of Texas · Oct 31, 1979

The appellant testified that he had qualified on the rifle range in the Army and that he knew weapons were dangerous. … The evidence raised by the defense did not establish that the appellant consciously disregarded the risk of pointing and shooting the shotgun at the deceased.

Carpenter v. State

979 S.W.2d 633 · Court of Criminal Appeals of Texas · Sep 30, 1998

Lugman, 130 F.3d 113, 114 (5th Cir.1997), cert. denied, — U.S. -, 118 S.Ct. 1855 , 140 L.Ed.2d 1103 (1998)(considering defendant’s assistance to “local authorities in Texas” as potentially qualifying defendant for downward … "concurred” with comment, but clearly stated "... I join the opinion of the Court." . In United States v.

Stone v. State

583 S.W.2d 410 · Court of Criminal Appeals of Texas · May 30, 1979

ROGERS: Your Honor, we’d submit the witness is not qualified to state an opinion as to Mr. Boulton’s character, truth and veracity. “THE COURT: It goes with the weight of the testimony, admissibility. … The record clearly shows that neither the complainant nor her husband made any written statements to the police or State. Therefore, the rules pronounced in Gaskin and Zanders are inapplicable.

Bryant v. State

397 S.W.2d 445 · Court of Criminal Appeals of Texas · Oct 13, 1965

Ewald first discovered his property had been stolen, he was out on a Sunday drive with his family on a country road when he saw his trailer, clearly identifiable with his name marked on the side, sitting several hundred feet … The rule is well established that the unexplained possession of property recently stolen is a sufficient circumstance to authorize a jury to convict for theft of the property. Stubblefield v. State, Tex.Cr.

Whitaker v. State

160 Tex. Crim. 271 · Court of Criminal Appeals of Texas · Mar 17, 1954

This doctor did not attempt to qualify as a psychiatrist, but merely testified as a physician, that he had had but little experience in psychiatry, according to his own statement, and did not hold himself out as a person … We think the court was over-solicitous, perhaps, in the admission of the statement that was clearly justified as such, and no attack made thereon save the fact that it was made by the appellant to the officers who had him

Hogan v. State

127 Tex. Crim. 182 · Court of Criminal Appeals of Texas · Mar 28, 1934

Paragraph 11 is to the effect that if there was a failure on the part of the State to prove clearly and satisfactorily beyond a reasonable doubt that the body of Dee Hogan had been found and identified so as to establish … The identity of the body as that of the deceased (wife of the appellant) was established by many witnesses who saw it after it was disinterred, and by various circumstances, including scars upon the arm, a ring upon the finger

SWENSON, AARON CALEB v. the State of Texas

Court of Criminal Appeals of Texas · Nov 20, 2024

Merely driving past the officer could qualify as renunciation, if it were voluntary, see Thomas v. State, 708 S.W.2d 861, 863 (Tex. Crim. … “The defense is thus clearly directed at permitting a defense after an attempt to commit an offense has been committed, but before the object offense has been committed.” Id.

Strong v. State

70 Tex. Crim. 89 · Court of Criminal Appeals of Texas · Apr 16, 1913

established. … It can be no more held to establish the asserted pleaded fact than can the allegations in an indictment alleging a certain state of fact establish such fact. It is merely the basis for introducing proof to establish it.

Hanna v. State

426 S.W.3d 87 · Court of Criminal Appeals of Texas · Apr 9, 2014

On appeal, he challenged a restitution order that required him to pay for therapy for the murder victim’s family. 40 The court held that the victim’s family did not qualify for restitution because “ ‘restitution is limited … -Austin 1984, no pet.) and noting that "even though Betty Ross was not a named complainant, she was clearly a victim of the crime adjudicated.”). .See, e.g., Cavazos v.

Ortiz v. State

93 S.W.3d 79 · Court of Criminal Appeals of Texas · Sep 25, 2002

He argues that the State did not establish that Garcia was likely to be a witness for the State. … Defense counsel’s use of the extraneous offense to impeach Hector was clearly trial strategy.

Chambliss v. State

647 S.W.2d 257 · Court of Criminal Appeals of Texas · Feb 16, 1983

Grammatically speaking, it might seem that the clause, “that has a bearing upon the credibility of the accused as a witness,” qualifies or restricts only the immediately preceding words, “or of a voluntary statement, whether … No fifth amendment claim is made, and appellant does not assert that Miranda is applicable here; clearly, it is not. 3 .

Layton, Daniel

Court of Criminal Appeals of Texas · Feb 4, 2009

Appellant qualified the statement by saying that he had taken Valium at 2 p.m. the previous afternoon, but had not taken any Xanax since the day before. … App. 1992), "all the party has to do to avoid the forfeiture of a complaint on appeal is to let the trial judge know what he wants, why he thinks he is entitled to it, and to do so clearly enough for the judge to understand