Case law

Russell v. State

598 S.W.2d 238 · Court of Criminal Appeals of Texas · Mar 12, 1980

Joseph Alexander Jachimczyk, an M.D. and Pathologist, was not qualified as a witness.” Dr. Ja-chimczyk testified as to the cause of death of the deceased. The basis of appellant’s objection to Dr. … The evidence in the instant case clearly connected this automobile to appellant and to the offense for which he was on trial.

Richardson v. State

700 S.W.2d 591 · Court of Criminal Appeals of Texas · Oct 9, 1985

It is not necessary that the corroboration directly link the defendant with the crime or that it be sufficient in itself to establish guilt. Shannon v. State, 567 S.W.2d 510 (Tex.Cr.App.1978). … As if by magic it has made the qualifying term "strongly" disappear.

Stein v. State

514 S.W.2d 927 · Court of Criminal Appeals of Texas · Oct 9, 1974

Other evidence *930 established that they were the same, and that the substance in the can was marihuana. In Creel v. … The same clearly does not comport with the provisions of Article 40.09, § 9, Vernon’s Ann.C.C.P., and nothing is presented for review. See Goad v. State, 464 S.W.2d 129 (Tex.Cr.App.1971).” See, also, Elizalde v.

Ex Parte Robbins

360 S.W.3d 446 · 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....

Stephens v. State

806 S.W.2d 812 · Court of Criminal Appeals of Texas · Jan 30, 1991

Clearly, under Blockburger , rape is the "same" offense as aggravated rape for purposes of the Double Jeopardy Clause. The central issue in this case was reserved by the Supreme Court in Greene v. … It would be a high price indeed for society to pay were every accused granted immunity from punishment because of any defect sufficient to constitute reversible error in the proceedings leading to conviction.

Mata v. State

46 S.W.3d 902 · Court of Criminal Appeals of Texas · Jun 6, 2001

Finally, he must be able to clearly and consistently apply the science. … McDougall clearly misspoke here when he used the word "elimination" instead of "absorption."

Ex Parte Hagler

161 Tex. Crim. 387 · Court of Criminal Appeals of Texas · Apr 20, 1955

The trial court attempted to qualify the statement of facts which he and the attorneys for each side had already approved by attaching thereto a statement that as warrant from the Governor of Texas was on his bench at various … The record clearly reveals the following: Appellant is charged in Murray County in the State of Oklahoma with the offense of murder, the complaint sworn to on October 13, 1954, alleging the murder of an unknown person on

Fernandez v. State

564 S.W.2d 771 · Court of Criminal Appeals of Texas · Apr 26, 1978

It is a very well established rule that results of polygraph examinations are inadmissible for all purposes. King v. State , Tex.Cr.App., 511 S.W.2d 32 ; Romero v. State , Tex.Cr.App., 493 S.W.2d 206 ; Humphrey v. … by courts confronting credibility questions; clearly, polygraphy "appears to have something valuable to add to the administration of justice."'

Hummel, John William

Court of Criminal Appeals of Texas · Nov 20, 2013

Appellant has failed to establish that his statements were involuntary or that he was subjected to custodial interrogation on December 18. … The Court concludes that it was clearly an exigent circumstance. The authorities responded in the early morning hours to the residential fire. The exhibits and testimony clearly establish that.

Ex Parte Cathy Lynn HENDERSON

384 S.W.3d 833 · Court of Criminal Appeals of Texas · Dec 5, 2012

Recent studies have clearly said, very clearly, you can not tell the difference between an accidental fracture and an inflicted fracture by how bad it is, how complicated it is, whether or not it crosses the suture line, … Thus, the court of appeals remanded the case for a new trial, not because the defendant had established that she was actually innocent of the offense, but because she had established a reasonable probability that a new jury

Lucio, Melissa Elizabeth

Court of Criminal Appeals of Texas · Sep 14, 2011

PROC. art. 37.09(1) (providing that an offense is a lesser-included offense “if it is established by proof of the same or less than all the facts required to establish the commission of the offense charged” (emphasis added … Villanueva, is imminently qualified on the issue of mitigation. But, you know, I am familiar with clinical social workers.

Saldano v. State

232 S.W.3d 77 · Court of Criminal Appeals of Texas · Jun 6, 2007

Do you think you’d be qualified as a juror; able to listen to all the evidence and weigh it accordingly? A. Yes. … We’re establishing cause of death; we’re also establishing the defendant is a future danger in that he wanted to make sure that this defendant [sic] was dead by shooting him five times, as well as the contact wound to the

Vester v. State

713 S.W.2d 920 · Court of Criminal Appeals of Texas · Apr 23, 1986

This professional should also be able to qualify as an expert in order to aid the court in evaluating the procedures followed. … However, the witness never explained what elements went into making that "approach" a "valid" one, nor did he establish that the field of forensic hypnosis constitutes the relevant scientific community for purposes of establishing

Henderson, Ex Parte Cathy Lynn

Court of Criminal Appeals of Texas · Dec 5, 2012

Recent studies have clearly said, very clearly, you can not tell the difference between an accidental fracture and an inflicted fracture by how bad it is, how complicated it is, whether or not it crosses the … Thus, the court of appeals remanded the case for a new trial, not because the defendant had established that she was actually innocent of the offense, but because she had established a reasonable probability that a new jury

Ex Parte Brandley

781 S.W.2d 886 · Court of Criminal Appeals of Texas · Dec 13, 1989

The State had used peremptory challenges to strike all qualified blacks. 5. The jury in Petitioner’s second trial was all white. The State had used peremptory challenges to strike all qualified blacks. 6. … Robinson testified that the judge’s attitude towards Petitioner and the black people in the audience clearly revealed the judge’s partiality in the case.

Lucio, Melissa Elizabeth

Court of Criminal Appeals of Texas · Sep 14, 2011

Villanueva, is imminently qualified on the issue of mitigation. But, you know, I am familiar with clinical social workers. … Proc. art. 37.09(1) (providing that an offense is a lesser-included offense "if it is established by proof of the same or less than all the facts required to establish the commission of the offense charged" (emphasis added

Duncantell v. State

563 S.W.2d 252 · Court of Criminal Appeals of Texas · Mar 15, 1978

The thrust of his argument is that the State used its peremptory challenges to strike qualified blacks from the jury panel. The same argument was confronted and rejected in Ridley v. … Clearly, the search could not extend to the locked glove compartment or the trunk of the car, since an arrestee could hardly reach these areas quickly and obtain a weapon or destroy evidence. Fry v.

Weige v. State

81 Tex. Crim. 476 · Court of Criminal Appeals of Texas · Jun 13, 1917

It will not be amiss to here state the principles of our law on the question of insanity as established by the uniform decisions of this court and the authorities. … All of this testimony under the circumstances and the claim of appellant was clearly admissible.

Carrillo v. State

591 S.W.2d 876 · Court of Criminal Appeals of Texas · Dec 19, 1979

and satisfactorily establishes the guilt of each. … We hold that the remark of the prosecutor was not so clearly prejudicial to appellant as to require this Court to set aside the judgment of conviction.

McKay v. State

707 S.W.2d 23 · Court of Criminal Appeals of Texas · Oct 2, 1985

The mere use of peremptory challenges to strike qualified minority persons from the jury is not a prohibited systematic exclusion of those persons in the selection of petit juries. Id. See also Chambers v. … The evidence appellant complains of did not by itself, however, establish that the vehicle was stolen.