Case law

Flewellen v. State

83 Tex. Crim. 568 · Court of Criminal Appeals of Texas · Oct 17, 1917

All this testimony by her was clearly res gestae of the killing and admissible, as was held by the trial judge. The court committed no error in permitting Mrs. … The court qualified the bill by stating that no written charge was presented by counsel for defendant instructing the jury to disregard the questions or the effect of the same.

Benson v. State

56 Tex. Crim. 52 · Court of Criminal Appeals of Texas · Apr 28, 1909

In this opinion there is a general but fairly correct statement of the facts in the case, which were to some extent, however, qualified on the trial of this case. … The duty of both alike is to establish the truth and to apply the law to it.

Isassi, Alfred

Court of Criminal Appeals of Texas · Oct 6, 2010

not lawfully utilize in determining how to exercise their official discretion.5 Rather, the “intent of the District Attorney to drop the case against Gonzalez was indeed a factor that Trevino and Hernandez were clearly … Even if this were true–if appellant had communicated only “the word on the street” that Constable Campos was under investigation–this would not “immunize Isassi’s intent to benefit his relative by securing the dismissal

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.

Baptist Vie Le v. State

993 S.W.2d 650 · Court of Criminal Appeals of Texas · May 19, 1999

The State established unequivocally that the statement met the admissibility requirements of § 51.095, and the State established compliance with § 52.025. … The State had no reason, and no burden, to establish compliance with § 52.02(a)(2) because appellant argued a different basis for exclusion.

Coronado v. State

351 S.W.3d 315 · Court of Criminal Appeals of Texas · Sep 14, 2011

Ex parte submission of written interrogatories does not qualify as cross-examination. … The circumstances in which an encounter occurs — e.g., at or near the scene of the crime versus at a police station, during an ongoing emergency or afterwards — are clearly matters of objective fact.

Clinton, Katherine

Court of Criminal Appeals of Texas · Dec 14, 2011

The court of appeals held that the evidence is sufficient to establish attempted “use” or actual “presentment.” Clinton, 327 S.W.3d at 368. … Clinton—12 In Patterson, this Court determined that any “exhibiting” of a deadly weapon would likely also qualify as a “use.” Id.

Hernandez v. State

137 Tex. Crim. 343 · Court of Criminal Appeals of Texas · Dec 14, 1938

Appellant objected to the testimony of the officers to the effect that the cigarettes contained marihuana on the ground that they were not "qualified as experts to give such an opinion." … This testimony was clearly admissible."

Ex Parte Townsend

64 Tex. Crim. 350 · Court of Criminal Appeals of Texas · Dec 20, 1911

The people in the exercise of their political sovereignty established the government, delegated to it certain enumerated powers, assigned to it appropriate functions, established departments, and assigned to them appropriate … It is a privilege and an immunity that rises beyond the power of the Legislature to decide or prevent, it has its foundation in the very corner stone of the government.

Pacheco v. State

757 S.W.2d 729 · Court of Criminal Appeals of Texas · Jun 8, 1988

This clearly shows the Legislature's intent to require a showing of a recognizable medical ailment. At least one commentator agrees: "The [next] element of this test is the requirement of `mental disease or defect'. … Moreover, even if medical testimony is not required in order to establish the "mental disease or defect" element, the lay witness evidence fails to establish an issue to insanity.

Isassi, Alfred

Court of Criminal Appeals of Texas · Oct 6, 2010

Even if this were true-if appellant had communicated only "the word on the street" that Constable Campos was under investigation-this would not "immunize Isassi's intent to benefit his relative by securing the dismissal of … Later testimony established that, after the investigation was completed, Constable Campos was cleared on any criminal wrong-doing. 42.

Els v. State

525 S.W.2d 11 · Court of Criminal Appeals of Texas · Jun 25, 1975

The learned trial judge qualifies the bill by stating that appellant did not submit any special charge to the court instructing the jury to disregard the question. … Clearly, the third amended motion was overruled by operation of law. Jones v. State, supra.

Cumbo v. State

760 S.W.2d 251 · Court of Criminal Appeals of Texas · Sep 27, 1988

Enderli clearly was not rehabilitated by the court's "lecture" and his answers that he could put "that aside," do his duty as a juror and follow his oath. … State, 682 S.W.2d 265 (Tex.Cr.App.1983). [2] A plea of guilty to a felony charge before a jury admits the existence of all facts necessary to establish guilt, and in such cases the introduction by the State is to enable the

Simpson, Danielle

Court of Criminal Appeals of Texas · Oct 1, 2003

certain federal constitutional errors labeled by the United States Supreme Court as 'structural,' no error, whether it relates to jurisdiction, voluntariness of a plea, or any other mandatory requirement, is categorically immune … The trial court's finding that the State's explanations were race-neutral is supported by the record and is not clearly erroneous. Point of error eight is overruled.

Geary H. Lee v. Elizabeth Deanne Holoubek, F/K/A Elizabeth Deanne Lee

Court of Criminal Appeals of Texas · Nov 17, 2015

testimony to qualify the material under the hearsay exception. … In the absence of foundational testimony to establish reliability and regular use by persons engaged in the financial trades, the document marked at trial as “Plaintiff’s Exhibit No. 6” does not qualify for the Rule 803

Ex Parte Whiteside

12 S.W.3d 819 · Court of Criminal Appeals of Texas · Mar 1, 2000

A decision that an application qualifies under Section 1 works severe consequences on subsequent applications. … Here, the initial application clearly did challenge applicant's conviction; it is the subsequent application—the one at issue—that does not challenge applicant's conviction.

Qualley, Veronica Dawn

Court of Criminal Appeals of Texas · May 24, 2006

During the course of proceedings, three different rationales for this conclusion were advanced: (1) the prior conviction qualified as a "previous admissible conviction" mandating a severance under the statute, (2) the prior … Moore clearly knew about his own motives before trial and, therefore, was obligated to raise before trial any claim based upon those motives.

YOUNG, MARTIN v. the State of Texas

Court of Criminal Appeals of Texas · May 14, 2026

proceedings, or so far sanctioned such a departure by a lower court, as to call for an exercise of the Court of Criminal Appeals’ power of supervision.32 The court of appeals’s procedural default holding clearly … United States, 604 U.S. 408, 417-18 (2025). 47 Trump, 603 U.S. at 617 (“Although we identify several considerations pertinent to classifying those allegations and determining whether they are subject to immunity

Redd v. State

452 S.W.2d 919 · Court of Criminal Appeals of Texas · Nov 26, 1969

These were clearly admissible under the terms of Article 3731a, V.A.C.S., and Article 37.07, Section 3(a), V.A.C.C.P. … Ordinarily, the method of doing so has been the use of certified copies of the prison records together with the comparison of a known print of the accused by a qualified fingerprint examiner.