Case law

Hines v. State

515 S.W.2d 670 · Court of Criminal Appeals of Texas · Nov 13, 1974

He testified she was a qualified medical technologist under the rulings of the American Society of Clinical Pathologists. … In the instant case the chain of custody was clearly established.

Maxey v. State

104 Tex. Crim. 661 · Court of Criminal Appeals of Texas · May 17, 1926

The court in qualifying the bill negatives the correctness of this averment. … The point seems to be made that due to this alleged conflict, the guilt of the accused was not established beyond a reasonable doubt.

Creech v. State

70 Tex. Crim. 229 · Court of Criminal Appeals of Texas · Apr 23, 1913

It is also well established that where the evidence does not clearly establish that a witness is an accomplice that the court should not charge that he is an accomplice, hut should submit that'question to the jury for their … It by no means clearly established that they were, in such a way as that the court could have taken the question from the jury and charged that they or either of them were.

Christie v. State

69 Tex. Crim. 598 · Court of Criminal Appeals of Texas · Mar 19, 1913

They had two of their sisters, and the wife of appellant to testify, which, if believed, would have probably established an alibi for both *601 of them. … However, the court qualified this bill by showing fully that the witness did testify on this point, and clearly from it what he testified as objected to by the bill was merely a shorthand rendition of the facts so detailed

Ex Parte Ramos

977 S.W.2d 616 · Court of Criminal Appeals of Texas · Jul 15, 1998

Some are being treated differently than others, and today the Court clearly throws gasoline on the fire. … NOTES [1] "No citizen of this State shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the due course of the law of the land." TEX. CONST. art.

Deisher v. State

80 Tex. Crim. 428 · Court of Criminal Appeals of Texas · Dec 13, 1916

In one, it is clearly shown that the argument of the district attorney was in response to, and brought about by, his attorney’s argument. The other two instances complained of present no error. … Each bill, however, as qualified by the court, shows that each of said jurors was a qualified and competent juror.

Ex Parte Williams

551 S.W.2d 416 · Court of Criminal Appeals of Texas · Jun 1, 1977

As noted in these cases, the rule is well established that “good time” is awarded only to inmates while in the custody of the Department of Corrections. … A close reading of Pruett clearly indicates that Pruett was denied “good time credit” because he was unable to post bond while his case was on appeal.

Haggerty v. State

490 S.W.2d 858 · Court of Criminal Appeals of Texas · Feb 28, 1973

Further, we have the testimony of Chemist Berens who was shown to be fully qualified and no issue of fact was raised as a result of the chemist’s tests. He testified that the substance submitted to him was marihuana. … A proper chain of custody was also established. Ground of error number three complains of the proof of other sales by appellant.

State v. Toney

979 S.W.2d 642 · Court of Criminal Appeals of Texas · Oct 7, 1998

flawed reasoning, lack of authority, or misplaced reliance upon cited authorities, (2) when the precedent flowing from the decision conflicts with other, newer precedent, (3) when the justifications proffered for the rale established … Moreover, the reasoning in Cain is clearly at odds with the reasoning in Sodipo .

Soffar, Max Alexander

Court of Criminal Appeals of Texas · Nov 18, 2009

Soffar’s attorneys requested that Cook be granted immunity for his testimony, but the trial judge refused to force the State to grant immunity. … SOFFAR—94 Gildenberg was qualified as an expert on potential memory loss—we conclude that this claim is not preserved. At no time did Soffar object to Dr.

Stevens v. State

42 Tex. Crim. 154 · Court of Criminal Appeals of Texas · Jun 27, 1900

Appellant's second assignment of error is that the court erred in permitting threats, acts, and declarations of one joint defendant to be introduced as evidence against another defendant before a conspiracy had been established … *Page 173 We think the testimony established the fact that appellant was a coconspirator in the triple murder of the Humphries, and being such, whether he entered at the beginning of the conspiracy or subsequently, the acts

Butler, Steven Anthony

416 S.W.3d 863 · Court of Criminal Appeals of Texas · Jun 27, 2012

either of the first two prongs at all, he had obviously failed to establish timely onset. … that he is a person suffering mental retardation and is therefore immune from execution under the Eighth Amendment.

in Re City of Lubbock

Court of Criminal Appeals of Texas · Feb 8, 2023

, 840 (Tex. 2022) (“When a trial court fails ‘to analyze or apply the law correctly,’ it has clearly abused its discretion. … for mandamus relief when the factual scenario has never been precisely addressed but the principle of law has been clearly established” but “only if the principle of law he relies upon is positively commanded and so plainly

Goss v. State

104 Tex. Crim. 456 · Court of Criminal Appeals of Texas · May 26, 1926

As qualified, this bill shows no error. … The truth or falsity of the reports, charges, or rumors referred to cannot be established. The details of the transactions mentioned cannot be elicited.

Sessums v. State

155 Tex. Crim. 563 · Court of Criminal Appeals of Texas · Mar 21, 1951

The brief filed by the state’s attorney clearly states the facts of the case, and the law involved, in the following language: “This appeal comes from the County Court at Law of Lubbock County. … “The bill of exception was qualified by the trial judge, and the attention of Your Honors is respectfully invited to this qualification on the bill.

Soffar, Max Alexander

Court of Criminal Appeals of Texas · Nov 18, 2009

Soffar's attorneys requested that Cook be granted immunity for his testimony, but the trial judge refused to force the State to grant immunity. … Gildenberg was qualified as an expert on potential memory loss--we conclude that this claim is not preserved. At no time did Soffar object to Dr.

State of Texas v. Ellis, James Walter

Court of Criminal Appeals of Texas · Jun 27, 2007

It stated: Criminal conspiracy, a common-law crime, has become firmly established as an offense that serves dual roles in modern criminal jurisprudence. … He should have posed it thus: "The question before us is whether a felony defined in the Controlled Substances Act qualifies as "a felony" for purposes of the crime of conspiracy."

Hiles v. State

73 Tex. Crim. 17 · Court of Criminal Appeals of Texas · Feb 4, 1914

As qualified the bill clearly shows that the court committed no error in overruling his application for a continuance and in overruling his motion for new trial because thereof. … Clearly this bill shows no error on the part of the court.

Rogers v. State

71 Tex. Crim. 149 · Court of Criminal Appeals of Texas · Apr 23, 1913

In fact, the testimony without doubt and clearly established that appellant burned the gin without reference to his own written testimony. His main or sole defense was insanity. … clearly, not only the guilt of the appellant, but that he was sane and not insane when he committed the act.

Cummings, Rickey Donnell

Court of Criminal Appeals of Texas · Dec 17, 2014

State,19 Cummings asserts he established a prima facie case. Adanandus is not on point. In Adanandus, the State excluded the only qualified African-American venireperson by using a peremptory challenge. … CUMMINGS—20 admissible unless it meets a clearly established hearsay exception.30 The State argues Cummings procedurally defaulted this alleged error, if any, by failing to object in a timely manner.31 The State