Case law

Swink v. State

617 S.W.2d 203 · Court of Criminal Appeals of Texas · Apr 8, 1981

On August 24,1978, after he had qualified as executor, Swink gave the authorities permission to pick up the gas tank in which the shotgun shells had been hidden. … One of the specifically established exceptions to the requirements of both a warrant and probable cause is a search which is conducted pursuant to consent. Nastu v. State, Tex.Cr.App., 589 S.W.2d 434 .

Cooks v. State

844 S.W.2d 697 · Court of Criminal Appeals of Texas · Sep 16, 1992

A revolver, recovered from the floorboard, was established as the murder weapon. … At the hearing it was established that Green was shown a photo lineup on the evening of the offense.

Davis, Irving Alvin

Court of Criminal Appeals of Texas · Jun 13, 2007

Under Batson , a defendant must establish a prima facie showing of racial discrimination in the State's exercise of its peremptory strikes. … The trial court's determination is accorded great deference and will not be overturned on appeal unless it is clearly erroneous. (12) When the appellant made his Batson challenges to the State's use of peremptory strikes

Ex Parte Spencer

337 S.W.3d 869 · Court of Criminal Appeals of Texas · Apr 20, 2011

He said he could see clearly because there was a streetlight nearby. The alley where the BMW was found was behind Gladys Oliver's house. … Applicant says that "scientific evidence establishes the wrongfulness" of his conviction.

Ex Parte Anderson

46 Tex. Crim. 372 · Court of Criminal Appeals of Texas · Jun 15, 1904

The effect that is claimed for the Constitution in this particular would have operated to annul all such provisions in the general law and in the special charters, thus changing the established plan of municipal government … This is so clearly against the spirit, the theory, and the plain framework of our government that it ought not to be entertained for a moment.

Gunter v. State

858 S.W.2d 430 · Court of Criminal Appeals of Texas · Mar 10, 1993

This previously unknown fact was "found to be true" and established appellant's guilt. … Clearly he believed she could.

Robert James Back v. State

Court of Criminal Appeals of Texas · Jul 27, 2015

THE FIFTH CIRCUIT COURT OF APPEALS FOR TEXAS HAS HELD THAT, "DISTRI CT COURT'S CANNOT ABUSE THEIR DISCRETIONS BY NOT GRANTING A MOTION FOR REKIEF FROM A JUDGMENT, WHICH IS CLEARLY AT VARIANCE … SEE CANON 3228 (ii), "PRESU MPTION OF PUBLIC SERVICE DUTY, OATH AND IMMUN ITY" THERULE 60 (b)(6) OF THE FED.R. CIV.P., IS A GRAND RESEVOIR OF "EQUITABLE POWER." HERRELL v. DCS EQUIP.

Cada v. State

334 S.W.3d 766 · Court of Criminal Appeals of Texas · Feb 9, 2011

Finch is clearly a member of the general class of citizens that the Legislature intended to protect against retaliation. … State, 628 S.W.2d 51, 57 (Tex.Crim.App.1981) (op. on reh’g) (stating that a person who "perceives an event and relays the information gained to the police” qualifies as an "informant” under the retaliation statute); Cochran

Satterwhite v. State

858 S.W.2d 412 · Court of Criminal Appeals of Texas · Mar 10, 1993

Appellant raises seventeen points of error but does not contest the sufficiency of the evidence to establish he committed the offense. We will affirm. … The trial court overruled this challenge, stating that Olvera had misunderstood defense counsel’s initial questioning, but his later responses qualified him as a juror.

Azeez, Sheriff K.

Court of Criminal Appeals of Texas · Mar 5, 2008

other hand, in Ludwig we also identified another punctuation convention, that "[g]enerally, a comma should precede a conjunction connecting two coordinate clauses or phrases in a statute in order to prevent the following qualifying … violation, and who agreed to sign a promise to appear in lieu of being taken immediately before a magistrate, was nevertheless initially "arrested" and then released from "custody" once he signed the citation. (30) Later cases established

Banks v. State

656 S.W.2d 446 · Court of Criminal Appeals of Texas · Jun 15, 1983

But none were more drastic than the changes made in the law of justification. [1] For the first time, the defense of necessity was firmly established in the criminal law of Texas. … He must also, as said by Judge Hurt in Cartwright's Case, 14 Tex.App. [486] 502, `willingly and knowingly use language or do acts reasonably calculated to lead to an affray or deadly conflict;' and, unless the acts are clearly

Knight v. State

64 Tex. Crim. 541 · Court of Criminal Appeals of Texas · Jan 17, 1912

until his guilt is so established, and in case you have a reasonable doubt as to his guilt you will find him not guilty. … If the statements had been made in the absence of the defendant, and not brought home to him, the question of hearsay would have been clearly in the case.

Williams v. State

273 S.W.3d 200 · Court of Criminal Appeals of Texas · Jun 11, 2008

It is not entirely clear from his argument whether he thinks the error is immune from a harmless error analysis or whether he merely thinks the error was not harmless in his case. … In this case, the trial judge had the discretion to exclude Dunn’s out-of-court statement to the police because it was hearsay and because it did not qualify as an exception to the general prohibition against hearsay. 117

Azeez, Sheriff K.

Court of Criminal Appeals of Texas · Mar 5, 2008

other hand, in Ludwig we also identified another punctuation convention, that “[g]enerally, a comma should precede a conjunction connecting two coordinate clauses or phrases in a statute in order to prevent the following qualifying … violation, and who agreed to sign a promise to appear in lieu of being taken immediately before a magistrate, was nevertheless initially “arrested” and then released from “custody” once he signed the citation.30 Later cases established

Murphy, Patrick Henry, Jr.

Court of Criminal Appeals of Texas · Apr 26, 2006

The Court finds this juror to be qualified. The record supports the trial court = s ruling. … of the triggerman. @ The trial court found her to be qualified, stating that the totality of the examination showed that she understood and could follow the law.

Cathey, Eric Dewayne

451 S.W.3d 1 · Court of Criminal Appeals of Texas · Nov 5, 2014

If applicant has failed to prove that he is intellectually disabled, he clearly did not prove that he was intellectually disabled before the age of approximately eighteen. … If generational effects exist — as all contributors to this special issue agree they do— then this is clearly not the optimal normative reference group for this individual.

Cordova v. State

733 S.W.2d 175 · Court of Criminal Appeals of Texas · Mar 11, 1987

For reasons not clearly reflected in the record, Williams left Evans’ residence in her 1979 Buick automobile, which had personalized license plates, “J Evans”. … Here, however, Sullivan’s final response clearly demonstrates that she could consider the minimum punishment for the lesser included offense of murder.

Murphy v. State

777 S.W.2d 44 · Court of Criminal Appeals of Texas · Jun 21, 1989

The Adult Probation Act prescribes precisely when an applicant is qualified and how one becomes eligible to be considered by a jury for probation. … The State's witnesses used, if qualified, might have properly testified as to the appellant's "reputation for being a peaceable and law-abiding citizen and that it was `bad.'"

Fuller v. State

73 S.W.3d 250 · Court of Criminal Appeals of Texas · Mar 27, 2002

It turns out that the September 30 proceeding did not qualify as a “proceeding ancillary” to the court proceeding, but the October 21 hearing clearly was part of the court proceeding. … Few constitutional principles are more firmly established than a defendant’s right to be heard on the specific charges of which he is accused.

Clewis v. State

922 S.W.2d 126 · Court of Criminal Appeals of Texas · Jan 31, 1996

Our own recent precedents clearly establish that Texas appellate courts have the same constitutional authority to resolve questions about the rationality of a jury's verdict in criminal cases by weighing the probative force … Clearly, any irrational verdict would be manifestly unjust and clearly wrong under our jury system.