Case law

Garza, Joe Franco, Jr.

Court of Criminal Appeals of Texas · Nov 26, 2008

The proponent of a challenge for cause has the burden of establishing that his challenge is proper. … Without more, Camacho's lack of familiarity with certain terms does not establish that Camacho was unable to comprehend his duties as a juror.

Ortiz v. State

834 S.W.2d 343 · Court of Criminal Appeals of Texas · Jun 17, 1992

Appellant herself testified, establishing her eligibility for probation and asking the jury to recommend it. … Gripon’s testimony was clearly relevant to appellant’s likely ability to follow the law in the future.

Harris v. State

790 S.W.2d 568 · Court of Criminal Appeals of Texas · Jun 28, 1989

The record clearly demonstrates that as to Mojie A. … In other words, the extraneous offense establishes the context of the offense.

Vestal v. State

83 Tex. Crim. 184 · Court of Criminal Appeals of Texas · Feb 13, 1918

That appellant killed deceased, Roscoe Morrell, was clearly proven, and appellant himself swore he killed him. He claimed he killed him in self-defense. … This evidence was clearly admissible. Harris v. State, 62 Texas Crim. Rep., 235 .

Ingram v. State

78 Tex. Crim. 559 · Court of Criminal Appeals of Texas · Jan 19, 1916

The rule is clearly stated in Branch’s Criminal Law, section 866, when one can and when one can not impeach his own witness. Scott v. State, 20 S. W. Rep., 549 , is particularly in point. … Ward’s attitude and what she did when she was promised immunity by your good county attorney and myself.

Garza, Joe Franco, Jr.

Court of Criminal Appeals of Texas · Nov 26, 2008

The proponent of a challenge for cause has the burden of establishing that his challenge is proper. … Without more, Camacho’s lack of familiarity with certain terms does not establish that Camacho was unable to comprehend his duties as a juror.

Curlee, Dallas Shane

Court of Criminal Appeals of Texas · Apr 14, 2021

The evidence must be sufficient to establish each element of the offense. Lee v. State, 537 S.W.3d 924, 926 (Tex. Crim. App. 2017). … Evidence that the building was obviously or clearly restricted would be strong evidence that the building was closed.

Graham v. State

643 S.W.2d 920 · Court of Criminal Appeals of Texas · Jan 18, 1983

Nullification of the death penalty is a matter for the people through established processes of our representative democracy, not one of administrative fiat. But Whan allows the latter. … State, supra, at 657, and the mandate of discharge clearly excludes operation of a commutation order.

Minter v. State

70 Tex. Crim. 634 · Court of Criminal Appeals of Texas · Apr 16, 1913

charging the offense to have been committed in the City of Dallas on or about August 5, 1911, it alleges that appellant “did then and there unlawfully and corruptly offer to bribe and did bribe Joe Davis, a duly and legally qualified … The allegations of the indictment, which we have quoted above, and the statutes we have quoted above, we think, clearly refutes appellant’s contentions.

Sanford v. State

79 Tex. Crim. 346 · Court of Criminal Appeals of Texas · Apr 5, 1916

His testimony, and his alone, clearly raised the issue of self-defense from claimed apparent danger. The court also submitted manslaughter in his behalf. … Besides if that statement could be considered it would show, all of his attacks were disproved, and none of them established.

Garcia, Vital

Court of Criminal Appeals of Texas · Jan 11, 2023

‘[A] person who has received injuries is qualified to express an opinion on the seriousness of those injuries.’”) (citing and quoting Hart v. State, 581 S.W.2d 675, 676 (Tex. Crim. App. 1979)). … Application – The evidence was sufficient to establish serious bodily injury.

Anson v. State

959 S.W.2d 203 · Court of Criminal Appeals of Texas · Oct 8, 1997

He was denied the opportunity to ask the venire this question (which was clearly proper) and we found appellant properly preserved the issue for review on appeal. … Further, exclusion of a particular qualified juror does not affect the fair and impartial make-up of the jury.

Mason, Crystal

Court of Criminal Appeals of Texas · May 11, 2022

The purposes of HAVA are: To establish a program to provide funds to States to replace punch card voting systems, to establish the Election Assistance Commission to assist in the administration of Federal … To qualify for federal funds, a state must spend the money in compliance with Title III of the Act. 52 U.S.C.A. § 20901(b)(1)(A).

Wilkerson v. State

173 S.W.3d 521 · Court of Criminal Appeals of Texas · Oct 5, 2005

Thus, the State has no burden at all unless " the record as a whole clearly establishe [s]" that the defendant's statement was the product of custodial interrogation by an agent for law enforcement. [37] It is the defendant's … initial burden to establish those facts on the record.

McGinty v. State

723 S.W.2d 719 · Court of Criminal Appeals of Texas · Nov 19, 1986

Where a defendant has refused a Breathalyzer [test].. .the State is foreclosed from establishing culpability by blood alcohol content. … It becomes admissible only where it can qualify or disprove contentions raised by the accused, and that did not occur in this cause. For the reasons that I have stated in my dissenting opinions in Thomas v.

Jamail v. State

787 S.W.2d 372 · Court of Criminal Appeals of Texas · Mar 21, 1990

Arizona, supra, does establish the principle that once a defendant manifests a desire for an attorney all questioning must stop. … Had the police obtained such a statement without meeting the waiver standards of Edwards , it would clearly be inadmissible.

Smith, Roosevelt, Jr.

Court of Criminal Appeals of Texas · Sep 29, 2010

Established Law In Batson v. … Then you can't see very clearly the bruises on the other side of the neck. These come out clearly, but these do not. [Court]: All right. In the scheme of things I think 162 and 163 are rather innocuous.

Smith, Roosevelt, Jr.

Court of Criminal Appeals of Texas · Sep 29, 2010

Established Law In Batson v. … Then you can’t see very clearly the bruises on the other side of the neck. These come out clearly, but these do not. [Court]: All right.

Riley v. State

889 S.W.2d 290 · Court of Criminal Appeals of Texas · Dec 21, 1994

In comparing Brown's testimony to that of Ferguson and White in Adams, it is clear to us Brown was a qualified juror. … The record thus establishes she could follow the law; there is no basis to support a conclusion otherwise.

King v. State

953 S.W.2d 266 · Court of Criminal Appeals of Texas · Sep 24, 1997

The startling event—the discovery that Ezell was dead— clearly prompted Williams’ statements about Ezell’s comings and goings and who might have killed him. … Appellant contends that the State failed to establish the proper predicate for the card’s admission as a business record.