Case law

Williams v. State

301 S.W.3d 675 · Court of Criminal Appeals of Texas · Dec 16, 2009

This evidence was legally sufficient to establish that appellant murdered Williams and Styles in a rapid sequence of unbroken events. Point of error one is overruled. … [[Image here]] [DEFENSE COUNSEL]: He definitely shows that he’s death qualified based on all of the questionnaire’s questions asked by either the State or the Defense.

Lane, Danny Richard

Court of Criminal Appeals of Texas · Jun 28, 2023

Applicant was then arrested and charged for third-degree-felony failure to register as a sex offender. 8 Because of Applicant’s criminal history, he qualified as a 7F habitual offender … Because Applicant has failed to establish deficient performance, we need not examine whether Applicant suffered prejudice.

Thomas v. State

129 Tex. Crim. 628 · Court of Criminal Appeals of Texas · Jun 28, 1935

Another well established holding is that the rule referred to has no application and does not control where it appears from the language used, as a whole, that there was no intent by the use of general terms to limit their … an aid to interpretation when the intention is not otherwise apparent. * * * The rule of ejusdem generis does not apply when the prior or specific words exhaust the class, for there is nothing of the remaining terms to qualify

Neal v. State

256 S.W.3d 264 · Court of Criminal Appeals of Texas · Jun 18, 2008

Appellant has failed to establish the onset before age 18 of either significant sub-average general intellectual functioning or limitations in adaptive functioning. … We have held that the defendant bears the burden of proof to establish by a preponderance of the evidence that he is mentally retarded. 35 Points of error four and five are overruled.

Wagner v. State

539 S.W.3d 298 · Court of Criminal Appeals of Texas · Feb 14, 2018

"A plaintiff who engages in some conduct that is clearly proscribed cannot complain of the vagueness of the law as applied to the conduct of others. … threatening." 20 Although repetition may generally be necessary to show the harassing nature of communication, under any reasonable understanding of "harassing manner," a single unwanted communication, if severe enough, could qualify

Calvert, James

Court of Criminal Appeals of Texas · Oct 9, 2019

Cumulative Harmful Effect Appellant argues that the prosecutor’s conduct was clearly calculated to inflame the jury. … In any event, as discussed under point of error twenty-one, the properly admitted evidence clearly established that Appellant intentionally killed Jelena while in the course of committing or attempting to commit

Woolls v. State of Texas

665 S.W.2d 455 · Court of Criminal Appeals of Texas · Mar 9, 1983

MOSTY: Your Honor, we submit she’s qualified. “MR. … MOSTY: Your Honor, we submit he’s qualified. “THE COURT: Mr.

Coleman, Lisa Ann

Court of Criminal Appeals of Texas · Dec 9, 2009

Malnutrition will depress the immune system. That is, there are cells in the body that are designed to recognize invaders and deal with them, and that takes energy. … Further, the evidence is not so weak that the jury’s determination is clearly wrong and manifestly unjust.

Fairow v. State

943 S.W.2d 895 · Court of Criminal Appeals of Texas · Apr 30, 1997

They did, however, witness the attack and thus were qualified to give an opinion based on their perception of the event. … In other words, Middleton clearly "possess[ed] personal knowledge of facts from which an opinion regarding mental state may be drawn."

Coleman, Lisa Ann

Court of Criminal Appeals of Texas · Dec 9, 2009

Malnutrition will depress the immune system. That is, there are cells in the body that are designed to recognize invaders and deal with them, and that takes energy. … Further, the evidence is not so weak that the jury's determination is clearly wrong and manifestly unjust.

Butler v. State

716 S.W.2d 48 · Court of Criminal Appeals of Texas · Mar 19, 1986

He knew appellant played on a basketball team at Fort Hood, and so could find qualified candidates. Looney did not meet the men to judge their appearance until immediately before the lineup. … He could have denied telling police he hadn’t seen the robber clearly, as Williams in fact did at the motion for new trial hearing.

Sparks, Robert

Court of Criminal Appeals of Texas · Oct 20, 2010

Counsel also argued that Merillat was not qualified to testify about general classification and prison operations. … Citing Penry I, 492 U.S. at 319 , he argues further that the "focus upon aggravating circumstances, to the exclusion of mitigating evidence, clearly violates the constitutional mandate of individualized sentencing."

Beck v. State

719 S.W.2d 205 · Court of Criminal Appeals of Texas · Nov 5, 1986

Lopez’s qualifications as a fingerprint expert were established. … Clearly he sought to avoid the waiver rule by not cross-examining the witness. See Moore v. State, supra.

Sparks, Robert

Court of Criminal Appeals of Texas · Oct 20, 2010

demeanor and to listen to his tone of voice.10 Particular deference is due when the potential juror’s answers are vacillating, unclear, or contradictory.11 In addition, “[w]hen the record is confused, and without a clearly … Counsel also argued that Merillat was not qualified to testify about general classification and prison operations.

Coronado, Tommy

Court of Criminal Appeals of Texas · Sep 14, 2011

In both situations, R.D.’s statements clearly constitute testimonial hearsay for Confrontation Clause purposes. … Ex parte submission of written interrogatories does not qualify as cross-examination.

Maddux v. State

862 S.W.2d 590 · Court of Criminal Appeals of Texas · Jun 9, 1993

If qualified to be a juror under our statutes, the analysis then rises from the base level previously acted upon to the vagaries of individual personalities and attitudes. … Today's opinion, and our prior opinion in Nunfio , are nothing more than extensions of this well-established reasoning. In Abron v.

Coronado, Tommy

Court of Criminal Appeals of Texas · Sep 14, 2011

Ex parte submission of written interrogatories does not qualify as cross-examination. … s statements clearly constitute testimonial hearsay for Confrontation Clause purposes. Id. 54. 415 U.S. 308 (1974). 55. Coronado , 310 S.W.3d at 162 . 56. Id.

Black v. State

816 S.W.2d 350 · Court of Criminal Appeals of Texas · May 29, 1991

Eighty seven (87) Venirepersons were qualified for Voir Dire examination. … Under the established precedent, the trial judge would have been correct in overruling the objection or denying the additional instruction, and clearly the defendant would not have been granted relief from this Court on direct

Fondren v. State

74 Tex. Crim. 552 · Court of Criminal Appeals of Texas · May 27, 1914

The trial judge qualified the bill of exception by stating that the testimony was admitted for the purpose of showing the capacity in which the witness acted. … State, fully establishes that her testimony was not admissible, for in that case it is clearly recognized both in the original' and in the opinion on rehearing that where the alleged statement is made at a time when the same

Robbins, Ex Parte Neal Hampton

Court of Criminal Appeals of Texas · Jun 29, 2011

Yet its accuracy is clearly open to dispute. … Wheeler is highly qualified, his testimony adds “very little to this case. . . .