Case law

Holloway v. State

691 S.W.2d 608 · Court of Criminal Appeals of Texas · Sep 19, 1984

Binford was qualified nor objected to her being excused. Thus, there not only is no violation of Witherspoon, supra, there is also nothing presented for review by the appellant. Johnson v. State, supra. … A police report offered into evidence by the appellant clearly shows that the *616 witness was shown several photographs.

Snodgrass v. State

150 S.W. 162 · Court of Criminal Appeals of Texas · Feb 14, 1912

Thus it is seen that the object and purpose of the act in question, and the sole object and purpose, is to grant to a defendant adjudged guilty of crime, and his punishment assessed, immunity from the punishment on condition … To entitle a party to amend a judgment or decree, he must establish that the entry as made does not conform to what the court intended it should be when it was ordered.”

Watson, Delair

Court of Criminal Appeals of Texas · Oct 18, 2006

It is crucial to distinguish clearly the constitutionally mandated hurdle of legal sufficiency from the judicially created hurdle of factual sufficiency. … Last (and least), as Judge White pointed out in his Clewis dissent, A [i]f a defendant = s verdict of guilt confining him to prison were manifestly unjust due to a failure of the sufficiency of the evidence, would not this qualify

Chi, Ex Parte Heliberto

Court of Criminal Appeals of Texas · Jun 9, 2008

. * * * To qualify, the alternative procedure must be feasible, readily implemented, and in fact significantly reduce a substantial risk of severe pain. … (“the Legislature clearly has intended for Article 11.071 to provide the exclusive means by which this Court may exercise its original habeas corpus jurisdiction in death penalty cases.”). 37 See TEX .

Delacerda, Jason

Court of Criminal Appeals of Texas · Jun 30, 2021

Delacerda – 17 “Circumstantial evidence is as probative as direct evidence in establishing the guilt of an actor, and circumstantial evidence alone can be sufficient to establish guilt.” … A “well-established rationale” is “to rebut a defensive issue that negates one of the elements of the offense.” Id.

Smith, Sherry Lynn

Court of Criminal Appeals of Texas · Feb 2, 2011

Sherry qualified to use a gun per TDCJ policy and, during her relationship with Rollins, she and Rollins would shoot high-powered rifles in the back yard. … Sherry stated that Carey did not “date,” unless fishing a few times qualified as dating.

Smith, Sherry Lynn

Court of Criminal Appeals of Texas · Feb 2, 2011

Sherry qualified to use a gun per TDCJ policy and, during her relationship with Rollins, she and Rollins would shoot high-powered rifles in the back yard. … Sherry told Investigator Schroeder that the gun rack had been "full," establishing that the guns had not been missing before the murders.

Routier, Darlie Lynn

Court of Criminal Appeals of Texas · Jun 18, 2008

First, she claims that the State did not establish a sufficient number of blood stains to establish a “cast off” pattern with respect to Damon. Additional testing, she contends, would, as Dr. … The record does not clearly reveal where in the house they were found, and there is no way to know for sure when they may have been deposited.

Somers, Aaron

Court of Criminal Appeals of Texas · Jun 6, 2012

Legal Framework Rule 702 provides that if scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an … This evidence leads us to conclude that the validity of the underlying theory and technique of EMIT has been sufficiently established.

Alba, Ex Parte John Avalos

Court of Criminal Appeals of Texas · Jun 9, 2008

. * * * To qualify, the alternative procedure must be feasible, readily implemented, and in fact significantly reduce a substantial risk of severe pain. … (“the Legislature clearly has intended for Article 11.071 to provide the exclusive means by which this Court may exercise its original habeas corpus jurisdiction in death penalty cases.”). 37 See TEX .

Alba, Ex Parte John Avalos

Court of Criminal Appeals of Texas · Jun 9, 2008

. * * * To qualify, the alternative procedure must be feasible, readily implemented, and in fact significantly reduce a substantial risk of severe pain. … ("the Legislature clearly has intended for Article 11.071 to provide the exclusive means by which this Court may exercise its original habeas corpus jurisdiction in death penalty cases."). 37. See Tex. Const. art.

Smith, Sherry Lynn

Court of Criminal Appeals of Texas · Feb 2, 2011

Sherry qualified to use a gun per TDCJ policy and, during her relationship with Rollins, she and Rollins would shoot high-powered rifles in the back yard. … Sherry stated that Carey did not “date,” unless fishing a few times qualified as dating.

Smith, Sherry Lynn

Court of Criminal Appeals of Texas · Feb 2, 2011

Sherry qualified to use a gun per TDCJ policy and, during her relationship with Rollins, she and Rollins would shoot high-powered rifles in the back yard. … Sherry told Investigator Schroeder that the gun rack had been "full," establishing that the guns had not been missing before the murders.

Routier, Darlie Lynn

Court of Criminal Appeals of Texas · Jun 18, 2008

First, she claims that the State did not establish a sufficient number of blood stains to establish a "cast off" pattern with respect to Damon. Additional testing, she contends, would, as Dr. … The record does not clearly reveal where in the house they were found, and there is no way to know for sure when they may have been deposited.

Lawrence v. State

700 S.W.2d 208 · Court of Criminal Appeals of Texas · Nov 6, 1985

The facts that are set out in the majority opinion are clearly sufficient to support the verdict of the jury, i.e., that the evidence is sufficient to establish beyond a reasonable doubt that appellant intentionally or knowingly … In this instance, the evidence that was presented to the jury, or that might have been presented to any rational trier of fact, was clearly sufficient to establish beyond a reasonable doubt that appellant committed the offense

BLUNTSON, DEMOND DEPREE v. the State of Texas

Court of Criminal Appeals of Texas · May 7, 2025

In those cases, the record clearly established that trial counsel acted contrary to the client’s express wishes. Conversely, the record here does not demonstrate that Appellant maintained his innocence consistently. … It may not be conditional, qualified, speculative, inconclusive, or ambiguous.”).

Williams, Ex Parte Arthur Lee

Court of Criminal Appeals of Texas · Jun 13, 2012

In order to establish ineffective assistance of counsel, applicant must establish the two Strickland prongs by showing (1) that counsel's performance was constitutionally deficient and (2) that applicant was prejudiced by … Applicable Law In order to establish prejudice, a defendant need not "show 'that counsel's deficient conduct more likely than not altered the outcome' of his penalty proceeding"; rather, he need only "establish 'a probability

Ex Parte Smith

185 S.W.3d 455 · Court of Criminal Appeals of Texas · Mar 1, 2006

When the trial court ruled that the juror was qualified, applicant used his final peremptory challenge on him. … Applicant’s position is that all Pemy jury charge error is structural and thus immune from any harmless error analysis. This position conflicts with well-established Texas law under Almanza .

Dowling v. State

885 S.W.2d 103 · Court of Criminal Appeals of Texas · Jun 29, 1994

Section 4.02 of that Act prescribed criminal classifications in order to establish penalties for “violations of a provision of this Act” according to “penalty groups” of controlled substances. … The bill analysis for S.B. 29 indicates that this amendment was made to “qualify (sic) that violations of this Act can be made with material, compound, mixture, or preparation containing the controlled substance in addition

Wheeler v. State

67 S.W.3d 879 · Court of Criminal Appeals of Texas · Jan 30, 2002

Defense counsel established Ms. … Brumley's testimony clearly left with the jury concerning appellant's risk of abuse.