Case law

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.

Freeman v. State

340 S.W.3d 717 · Court of Criminal Appeals of Texas · Mar 16, 2011

The trial court conducted group voir dire with 162 qualified jurors. Only 28 of the 162 had not read about the case in the newspaper. … The trial court conducted group voir dire of the second special venire with 161 qualified jurors. Only fifteen had not heard about the case.

Hudson v. State

675 S.W.2d 507 · Court of Criminal Appeals of Texas · Feb 22, 1984

Where there has been no objection to such testimony and no evidence to prove the contrary as to ownership, the evidence is clearly sufficient to show Garrison as the special owner. See, Williams v. … That testimony, the Court found, "established that he had `possession of the property,'" ibid., and perforce "a greater right of possession."

Rubenstein v. State

407 S.W.2d 793 · Court of Criminal Appeals of Texas · Oct 5, 1966

The admission of this testimony was clearly injurious and calls for a reversal of this conviction. … It was established below on the hearing for change of venue, the jury voir dire, and the quick verdict that the firmly established legal principles of law in this state and nation cried out for a change of venue of this case

Ross v. State

159 S.W. 1063 · Court of Criminal Appeals of Texas · Jun 25, 1913

But, however that may be, the evidence objected to was clearly admissible. Earle v. State, 142 S. W. 1182 ; Pope v. State, 143 S. W. 612 ; O’Neal v. State, 146 S. W. 940 . … Then in two other paragraphs he told them that the burden of proof was on the state; that the defendant was presumed to be innocent until his guilt was established by legal evidence beyond a reasonable doubt; and if they

Ex Parte Savage

63 Tex. Crim. 285 · Court of Criminal Appeals of Texas · Oct 18, 1911

We think it may be taken as well established too, that wherever the State has, or any of its municipalities which have by the legislation been expressly given the power and authority, have created and established an office … All of the authorities establish that the regulation of billboards and billposting are clearly within the police powers of the city.

Kelly v. State

724 S.W.2d 42 · Court of Criminal Appeals of Texas · Feb 4, 1987

Section 7 of the Constitution also provides in part: "For each district there shall be elected by the qualified voters thereof, at a General Election, a Judge ..." … -San Antonio 1945), as other cases, noted the exception clearly set forth in said Article III, § 56.

Roberts v. State

74 Tex. Crim. 150 · Court of Criminal Appeals of Texas · May 6, 1914

We think clearly what deceased’s wife said to him in the letter was in effect contradictory of her testimony in favor of her father on this trial. … The court qualified the first bill and stated it applied to each of the others, as follows: “The witness, D. L.

Crow v. State

89 Tex. Crim. 149 · Court of Criminal Appeals of Texas · Apr 6, 1921

On January 23, 1920, the deceased came to the mercantile establishment where Miss Polan was employed, and the two left there together and went to the office of a chiropractor for treatment; while on this trip the deceased … Article 687 provides the general questions which shall be asked the jurors as to whether or not they are qualified voters, householder or freeholder, etc.

Landry v. State

706 S.W.2d 105 · Court of Criminal Appeals of Texas · Dec 11, 1985

A juror who will ultimately be guided by his or her personal beliefs rather than the law is not qualified to sit on a jury in the State of Texas. … Potential Juror Askew, on direct examination, first established a life-long conviction against the death penalty.

McKenzie v. State

116 Tex. Crim. 395 · Court of Criminal Appeals of Texas · May 9, 1928

The identity of the appellant as the slayer was established, as was the fact that by his act the deceased was killed. … The trial judge has no right to explain, modify or qualify a bill of exception save with the consent of the accused or his counsel.

Echols v. State

75 Tex. Crim. 369 · Court of Criminal Appeals of Texas · Nov 4, 1914

Bill Ho. 9 as qualified by the court and accepted by appellant presents no error. … As qualified the bill presents no error.

Ovalle v. State

13 S.W.3d 774 · Court of Criminal Appeals of Texas · Mar 8, 2000

Other witnesses established that Jennifer was sometimes known as Roxanne. … While some surnames are clearly of Spanish origin, other surnames present a closer question.

Ex parte Pue

552 S.W.3d 226 · Court of Criminal Appeals of Texas · Feb 28, 2018

Since the Court decided Hill , Ridley , and Cashman , it has qualified their holdings. … This is clearly the purview of the Texas Legislature and the courts....

Routier v. State

273 S.W.3d 241 · Court of Criminal Appeals of Texas · Jun 18, 2008

First, she claims that the State did not establish a sufficient number of blood stains to establish a “cast off’ pattern with respect to Damon. Additional testing, she contends, would, as Dr. … The record does not clearly reveal where in the house they were found, and there is no way to know for sure when they may have been deposited.

Powell v. State

898 S.W.2d 821 · Court of Criminal Appeals of Texas · Apr 12, 1995

Although the majority fails to consider, mention, discuss or distinguish Ashe or Stuart , these cases are clearly controlling. … Clearly, whatever relevancy the extraneous offense had on appellant's deathworthiness was dependent on appellant's guilt of that offense.

Cates v. State

776 S.W.2d 170 · Court of Criminal Appeals of Texas · Jun 7, 1989

Rather, the record as a whole must clearly establish that the defendant's statement "`resulted from a calculated practice' which all agents of the State present or involved knew was reasonably likely to evoke an incriminating … The record clearly supports this conclusion, and under Paez the statements should have been admissible evidence.

Pesina v. State

676 S.W.2d 122 · Court of Criminal Appeals of Texas · Sep 19, 1984

Other evidence clearly established appellant was the driver of the pickup at the time of the collision. *124 The record shows that there was no search warrant authorizing the "seizure" of appellant's blood, and the officers … fallacy of that proposition by providing that one who gives a specimen at the instance of a peace officer "may, upon request and within a reasonable time not to exceed two hours after the arrest," have his blood drawn by a qualified

Tello, John Guzman

Court of Criminal Appeals of Texas · Dec 7, 2005

[DEFENSE]: He hasn't been qualified as an expert yet. [PROSECUTION]: I believe he has, your Honor. [THE COURT]: I believe he has, too. The objection is overruled. A. … See Boutin , 555 N.E.2d at 253, 256 (evidence established only that "defendant inexplicably failed to see the vehicle until he was so close that he could not prevent the collision.

Smith v. State

332 S.W.3d 425 · Court of Criminal Appeals of Texas · Feb 2, 2011

Sherry qualified to use a gun per TDCJ policy and, during her relationship with Rollins, she and Rollins would shoot high-powered rifles in the back yard. … Sherry told Investigator Schroeder that the gun rack had been “full,” establishing that the guns had not been missing before the murders.