Case law

Bennett v. State

742 S.W.2d 664 · Court of Criminal Appeals of Texas · Oct 21, 1987

The record also shows that the murder was clearly calculated. Appellant broke into Green’s house, killed Green’s dog, and waited for Green to return. … In the instant case, the juror clearly indicated that she did not believe in the death penalty.

Fleming, Mark Alexander

Court of Criminal Appeals of Texas · Jun 18, 2014

laws. (178) The authors argue that conduct by an adult rape victim of an underage attacker will often satisfy the literal elements of statutory rape and that the available defenses in many jurisdictions are insufficient to immunize … Elton , 680 P.2d at 732 ("Clearly the physical appearance of the victim may be persuasive against a defendant.

Fleming, Mark Alexander

455 S.W.3d 577 · Court of Criminal Appeals of Texas · Jun 18, 2014

FLEMING DISSENT — 44 jurisdictions are insufficient to immunize the adult victim from criminal liability.179 As one illustration, the authors discuss the facts of Henyard v. … App. 2007). 200 Id. at 657. 201 Elton, 680 P.2d at 732 (“Clearly the physical appearance of the victim may be persuasive against a defendant.

Brown v. State

54 Tex. Crim. 121 · Court of Criminal Appeals of Texas · Jun 27, 1908

in capital cases all qualified jurors, who have served as much as four days within said two years provided by said law. “4. … Thus, when the fact of an unlawful killing is established, and the facts do not establish express malice beyond a reasonable doubt, nor tend to mitigate, excuse or justify the act, then the law implies malice, and the murder

Freeman, James Garrett

Court of Criminal Appeals of Texas · Mar 16, 2011

The trial court conducted group voir dire with 162 qualified jurors. Only 28 of the 162 had not read about the case in the newspaper. … The trial court conducted group voir dire of the second special venire with 161 qualified jurors. Only fifteen had not heard about the case.

McQuarrie, Thomas

Court of Criminal Appeals of Texas · Oct 10, 2012

However, a juror may testify: (1) whether any outside influence was improperly brought to bear upon any juror; or (2) to rebut a claim that the juror was not qualified to serve.3 The language of the rule imposes … –Texarkana 1999, pet. ref’d) (“While case law has not clearly identified what constitutes an outside influence, it has clearly rejected certain conduct as constituting outside influence . . . .

Longmire v. State

75 Tex. Crim. 616 · Court of Criminal Appeals of Texas · Dec 16, 1914

We have quoted above the provisions of the law, so that it may be seen that in dealing with the shipment and transportation of liquors wholly within the State, the Legislature did not use the qualifying words "is intended … It is an abridgment of the privileges and immunities of the citizen without any legal justification, and, therefore, void. . . .

Henley v. State

576 S.W.2d 66 · Court of Criminal Appeals of Texas · Dec 20, 1978

The record clearly reflects that the defendant was prepared to meet this challenge, but was frustrated by the trial court’s failure to conduct a pretrial hearing on the issue. … While all the jurors denied it would affect their verdict, it was established that two jurors had been personally contacted by newsmen concerning the case.

Tillman, Larry Joseph Jr.

354 S.W.3d 425 · Court of Criminal Appeals of Texas · Oct 5, 2011

He asserts that Malpass is qualified as an expert in that field and the subject matter that he proposed to discuss is within the scope of that field. … Consequently, to establish its reliability, the proponent must establish that “(1) the field of expertise involved is a legitimate one, (2) the subject matter of the expert’s testimony is within the scope of that field, and

Rachal v. State

917 S.W.2d 799 · Court of Criminal Appeals of Texas · Jan 17, 1996

Ponzica was never directly asked and never clearly stated that he could not set aside an illicit confession if instructed to do. [15] When the record is confused, and without a clearly objectionable declaration by the venireman … State, 884 S.W.2d 154, 158-159 (Tex.Crim.App.1994) (clearly means beyond a reasonable doubt).

Freeman, James Garrett

Court of Criminal Appeals of Texas · Mar 16, 2011

The trial court conducted group voir dire with 162 qualified jurors. Only 28 of the 162 had not read about the case in the newspaper. … The trial court conducted group voir dire of the second special venire with 161 qualified jurors. Only fifteen had not heard about the case.

Charles v. State

424 S.W.2d 909 · Court of Criminal Appeals of Texas · Dec 13, 1967

Since the State is responsible for establishing the isolated circumstances under which the interrogation takes place and has the only means of making available corroborated evidence of warnings given during incommunicado … Keesler, 53 Misc.2d 268 , 278 N.Y.S.2d 423 , the court found that the Miranda warnings were clearly and succinctly stated, but that no express waiver was given until the statement was signed, nor was any proof adduced as

in Re Jennifer Bowen

Court of Criminal Appeals of Texas · Jun 15, 2011

Sixth Judicial District Court of Appeals : (4) The traditional test for determining whether mandamus relief is appropriate requires the relator to establish two things. … ensure that a defendant will inexorably be represented by the lawyer whom he prefers." (17) Thus, the particular question presented in Wheat was to what extent the Sixth Amendment right to retained counsel of choice may be "qualified

in Re Jennifer Bowen

Court of Criminal Appeals of Texas · Jun 15, 2011

Sixth Judicial District Court of Appeals:4 The traditional test for determining whether mandamus relief is appropriate requires the relator to establish two things. … ensure that a defendant will inexorably be represented by the lawyer whom he prefers.”17 Thus, the particular question presented in Wheat was to what extent the Sixth Amendment right to retained counsel of choice may be “qualified

Torres, Ex Parte Manuel

483 S.W.3d 35 · Court of Criminal Appeals of Texas · Feb 10, 2016

Based on the foregoing considerations, the court held that, in view of the totality of the circumstances, appellant met his burden in establishing prejudice. … And, regarding the suggestion that appellant could have delayed his plea until he could either secure a more favorable immigration-neutral plea deal and/or qualify for discretionary immigration relief, the record is similarly

Smith v. State

744 S.W.2d 86 · Court of Criminal Appeals of Texas · Nov 12, 1987

Clearly McCulloch was such a juror. … Clearly the voir dire examination of Allen revealed that he had serious personal misgivings about the death penalty.

SINCLAIR, EX PARTE CHESTER v. the State of Texas

Court of Criminal Appeals of Texas · Jul 31, 2024

The dissent argues that, by removing this language from Section 54.908, “the Legislature clearly sought to improve the flow of the judicial process by providing more flexibility for trial courts in relying upon magistrates … And “[a]lthough only subject matter jurisdiction is categorically immune from estoppel, Gutierrez v. State, 380 S.W.3d 167, 177 (Tex. Crim.

Taylor, Rashik Ali

Court of Criminal Appeals of Texas · Oct 29, 2008

abused its discretion; before the reviewing court may reverse the trial court’s decision, it must find the trial court’s ruling was so clearly wrong as to lie outside the zone within which reasonable people might disagree … EVID . 803 (4) advisory committee notes (“Statements as to fault would not ordinarily qualify [as a statement for purposes of diagnosis or treatment].

Penry v. State

691 S.W.2d 636 · Court of Criminal Appeals of Texas · Jan 9, 1985

Under these circumstances, the witness was qualified to testify that the substance on the deceased’s vagina “appeared to be semen.” … The evidence is sufficient to establish the corpus delicti.

Coleman v. State

881 S.W.2d 344 · Court of Criminal Appeals of Texas · Apr 13, 1994

Goains: Your honor, we feel the juror is qualified. “The Court: Overruled.” The prosecutor then questioned the venire-member: “Q. Okay. … Long: We believe she’s qualified, Your Honor.