Case law

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.

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.

in Re State of Texas Ex Rel. Brent Smith v. Honorable Jan Soifer

Court of Criminal Appeals of Texas · Dec 7, 2022

SMITH — 6 of our precedents clearly establishes’ the proposition of law on which relief is predicated.”13 The weight-of-precedent finding of a ministerial duty can occur when a lower court’s action flies in the face of … Article 11.06 provides: “Before indictment found, the writ may be made returnable to any county in the State.”35 The real parties in interest argue that, because there is no indictment in any of these cases, the cases qualify

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

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.

Whitmore v. State

570 S.W.2d 889 · Court of Criminal Appeals of Texas · Jul 12, 1978

The State's objection that the affidavit was hearsay and was not authenticated or qualified under the provisions of Article 3737e, V.A.C.S., was properly sustained. … The Court discussed at length the excluded testimony which clearly showed that his testimony was crucial to the appellant's claim of self-defense.

Donald v. State

165 Tex. Crim. 252 · Court of Criminal Appeals of Texas · Jun 19, 1957

establishes that the cause has been put to rest by a valid statute of repose. … It was not an allegation showing that limitation was tolled but one which would clearly show that the limitation did not begin to run in 1892.

Latham v. State

75 Tex. Crim. 575 · Court of Criminal Appeals of Texas · Nov 11, 1914

This correct rule and the application of it, is clearly and well established by the many decisions of this court. We cite only some of them. Miller v. State, 31 Texas Crim. Rep., 609 , 21 S. W. Rep., 925 ; Hatcher v. … allowed in the questions which a party is permitted and allowed to ask on cross-examination; and he will seldom be stopped by the court, unless the question be manifestly irrelevant to the case, and calculated neither to qualify

Lucio v. State

351 S.W.3d 878 · Court of Criminal Appeals of Texas · Sep 14, 2011

Villanueva, is imminently qualified on the issue of mitigation. But, you know, I am familiar with clinical social workers. … Proc. art. 37.09(1) (providing that an offense is a lesser-included offense "if it is established by proof of the same or less than all the facts required to establish the commission of the offense charged” (emphasis added

Barefield v. State

784 S.W.2d 38 · Court of Criminal Appeals of Texas · Dec 6, 1989

A venire-member who is guided by personal views rather than the law is not qualified to sit on the jury panel. Landry v. State, 706 S.W.2d 105 (Tex.Cr.App.1985). … It is well-established that an instruction to disregard generally cures any error in the improper admission of evidence.

Wamget v. State

67 S.W.3d 851 · Court of Criminal Appeals of Texas · Sep 12, 2001

Something is fundamentally wrong with a jury selection system in which a lawyer can excuse perfectly qualified and objectively impartial jurors without offering any explanation. … Justice Marshall noted in Batson that "[i]n 100 felony trials in Dallas County in 1983-1984, prosecutors peremptorily struck 405 of 467 eligible black jurors; the chance of a qualified black sitting on a jury was 1 in 10,

State Ex Rel. Hill v. Pirtle

887 S.W.2d 921 · Court of Criminal Appeals of Texas · Sep 14, 1994

. § 24.428(a) established the 251st Judicial District as composed of Potter and Randall Counties. … Because the plurality refuses to see clearly, I dissent with principle.

Ex parte Johnson

541 S.W.3d 827 · Court of Criminal Appeals of Texas · Nov 22, 2017

qualify for mandamus relief); In re State ex rel. … Clearly, they were not made in anticipation of litigation, but as a part of and in response to litigation.

Kemper v. State

63 Tex. Crim. 1 · Court of Criminal Appeals of Texas · Jun 23, 1911

Could the purpose of those who framed the Bill of Rights have been more clearly and unmistakably set forth than set forth in this section? … Neither do we think that any decision emanating from any court which proposed to “innovate” upon the Constitution or alter, change, amend, modify, qualify or abridge the plain and unmistakable language of the Constitution

Palafox v. State

608 S.W.2d 177 · Court of Criminal Appeals of Texas · Jan 24, 1979

In fact, he clearly stated that the murder was done for its own sake. … These attempts to modify or qualify the rule serve only to demonstrate its irrationality. Truth is not obtained by binding parties with guarantees and vouchings.

Bigby v. State

892 S.W.2d 864 · Court of Criminal Appeals of Texas · Nov 2, 1994

Our power to review questions of fact was well established prior to White v. … But I do not agree with the majority's interpretation of Art. 35.13, nor do I believe that the trial court erred in establishing the voir dire procedure which it chose to follow in the instant case.

Goodman v. State

701 S.W.2d 850 · Court of Criminal Appeals of Texas · Oct 2, 1985

If the trial court erroneously excludes a qualified juror, then the State has in effect received the benefit of an additional peremptory strike. 1 Payton, supra. … Goodman, he was given objective instruments which are clearly normal to stand by, and they did the same thing at Rusk [State Hospital]. “Q.

Hood, Ex Parte Charles Dean

Court of Criminal Appeals of Texas · Jan 10, 2007

in subsection (1) indicates that the Legislature did indeed intend the word A considered @ to have a broader meaning in that subsection. [32] If the statutory text were taken to be ambiguous on that count, however, the clearly … First, a decision in someone else = s case cannot qualify as exhaustion. Exhaustion is based on cognizability, which depends on what the applicant has done to advance his claims.

White v. State

591 S.W.2d 851 · Court of Criminal Appeals of Texas · Dec 12, 1979

Appellant argues that his psychiatrist and the two clinical psychologists were well qualified to express an opinion as to his competency because of their training, background and experience and in light of the tests administered … While the uncorroborated extrajudicial statement of an accused is insufficient to establish the corpus delicti of a *864 crime, if there is some evidence corroborating a confession, the confession may be used in the establishment