Case law

Essery v. State

72 Tex. Crim. 414 · Court of Criminal Appeals of Texas · Dec 17, 1913

In this he w-as clearly in error. … Again, in the same case, I said: “It is now the well established doctrine of this court, and is clearly the law applicable to the construction of verdicts, that they are to have a reasonable intendment and construction, and

State of Texas v. Duran, Anthony

Court of Criminal Appeals of Texas · Apr 17, 2013

Davis concluded that “the officer’s action clearly shows that the decision [to stop Mr. Duran] was made when he made the turn behind the defendant.” … The State appealed, arguing that, because the DVD “clearly shows” that Mr.

Cook v. State

902 S.W.2d 471 · Court of Criminal Appeals of Texas · Jun 28, 1995

V, § 12(b) established constitutional requisites for a charging instrument to constitute an indictment. … I, § 10: the latter established the right to an indictment, and the former establishes the constitutional definition for what constitutes an indictment. Although art.

in Re Jack H. Meyer

Court of Criminal Appeals of Texas · Oct 15, 2015

At the behest ofthe judge presiding, and on the date shown bclow, I, acting as the duly . qualified Bailiffof the above named court, did distinctly, and three times, call the name of the above referenced defendant at the … A law l must remind you again to which there exist NO excuse ol`ignorance, and once authority is exceeded sovereign immunity is lost.

Eisenhauer v. State

754 S.W.2d 159 · Court of Criminal Appeals of Texas · Mar 23, 1988

Judge Fred Erisman, the chairman of the State Bar of Texas— Special Committee for the Revision of the Code of Criminal Procedure (Nov. 11,1958-June 18, 1965), clearly pointed this out in his “Introduction to 1965 Revision … an anonymous letter, what would not be sufficient to establish probable cause.

Bagheri v. State

119 S.W.3d 755 · Court of Criminal Appeals of Texas · Nov 5, 2003

Clearly, under Motilla and Solomon , the erroneously admitted evidence was both elicited from an expert and emphasized by the State. … On cross-examination, however, McDougall qualified this with testimony that the "extrapolated range of alcohol concentrations could vary dramatically depending on several factors" that he apparently had not considered See

Hernandez v. State

726 S.W.2d 53 · Court of Criminal Appeals of Texas · Sep 17, 1986

In Strickland , the Supreme Court clearly set forth the federal constitutional standard to be followed. As far as the language of Art. … In fairness to Hanneman, I must state that I do not find now or then that he was not qualified to practice criminal law in this State.

Casarez v. State

913 S.W.2d 468 · Court of Criminal Appeals of Texas · Dec 13, 1995

The municipal ordinances were passed shortly after Lukumi Babalu Aye, Inc., a Santería Church, leased property within the city and announced plans to establish a house of worship. Id., 508 U.S. at -, 113 S.Ct. at 2223 . … The Equal Protection Clause clearly prohibits the use of peremptory challenges on the basis of a stereotype attributed to a class subject to heightened equal protection scrutiny. - U.S. at -, 114 S.Ct. at 1425.

Crosby v. State

750 S.W.2d 768 · Court of Criminal Appeals of Texas · Nov 12, 1987

The record clearly establishes that Cardi's was contractually obligated to provide appellant with a dressing room in a specific area of the club, to be set aside for his personal use. … Clearly appellant exhibited an expectation of privacy in what he considered and what was meant to be his private dressing room.

Davis, Selwyn Preston

Court of Criminal Appeals of Texas · Jun 16, 2010

He acknowledges this right as qualified by the requirement that the evidence be relevant and not excluded by an established evidentiary rule. … Appellant argues that the State did not establish with any degree of specificity how the doctors were qualified to testify as to their opinions regarding appellant’s future dangerousness and failed to carry its burden of

Davis, Selwyn Preston

Court of Criminal Appeals of Texas · Jun 16, 2010

Appellant argues that the State did not establish with any degree of specificity how the doctors were qualified to testify as to their opinions regarding appellant's future dangerousness and failed to carry its burden of … He acknowledges this right as qualified by the requirement that the evidence be relevant and not excluded by an established evidentiary rule.

Rollerson v. State

227 S.W.3d 718 · Court of Criminal Appeals of Texas · Jun 27, 2007

Virginia legally sufficiency standard, can still be factually insufficient.” 14 Evidence is factually insufficient to support the verdict if it is clearly wrong or manifestly unjust or against the great weight and preponderance … Harvey, 900 F.2d 1253, 1257 (8th Cir.1990) (prior determination of immunity agreement barred relitigation of existence of agreement). 55 . 110 F.3d 1352 (9th Cir. 1997). 56 . 110 F.3d at 1355-56 .

Griffith v. State

983 S.W.2d 282 · Court of Criminal Appeals of Texas · Dec 16, 1998

and establishing the basis of his testimony. … Because we conclude the statements qualified as hearsay, the credibility of each declarant could then be attacked pursuant to the dictates of Rule 806.

State v. Rendon

477 S.W.3d 805 · Court of Criminal Appeals of Texas · Dec 16, 2015

“While the boundaries of the curtilage are generally ‘clearly marked,’ the ‘conception defining the curtilage’ is at any rate familiar enough that it is ‘easily understood from our daily experience.’” … .2010) (rejecting the argument that a narcotics dog’s sniff of “the exterior door frame” of the defendant’s apartment from the common hallway was a search under Kyllo). ’ After Jardines , of course, this observation must be qualified

Ex Parte Owens

206 S.W.3d 670 · Court of Criminal Appeals of Texas · Sep 13, 2006

I find irony in this because, in my view, the Axel Court's reasoning was clearly wrong when it gave trial counsel, and only trial counsel, the duty to advise the defendant how to perfect an appeal without a lawyer. … Surely a judge is precluded from giving that kind of advice, and who better than an attorney who tried the case is qualified to assay and advise his client of probabilities of error?"

Fields v. State

627 S.W.2d 714 · Court of Criminal Appeals of Texas · Feb 3, 1982

Grigson [psychiatrist] to establish his future dangerousness." 454 U.S. at 468, 101 S.Ct. at 1876 . … The Fifth Circuit said, "A decision establishes a new principle of law either by overruling clear past precedent on which litigants may have relied, or by deciding an issue of first impression whose resolution was not clearly

Moore v. State

969 S.W.2d 4 · Court of Criminal Appeals of Texas · Jun 10, 1998

only in the respect that a less culpable mental state suffices to establish its commission.'" … Even in cases that have not so clearly stated that proposition, the circumstances used to infer mental culpability have been the defendant's own conduct. See Jones v.

Wheatfall v. State

882 S.W.2d 829 · Court of Criminal Appeals of Texas · Jun 29, 1994

As long as you realize that I have to prove to you beyond any reasonable doubt, as long as you understand that and assure us that you will do that, then that’s all you have to be able to do to qualify as a juror. … The trial court must then determine whether the defendant has established that the State’s challenge was in fact racially motivated.

Watson v. State

204 S.W.3d 404 · Court of Criminal Appeals of Texas · Oct 18, 2006

Last (and least), as Judge White pointed out in his Clewis dissent, "[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 … The Code of Criminal Procedure establishes that the jury is the judge of the facts. [Citing Articles 36.13, 38.04] [Footnotes omitted].

Muniz v. State

851 S.W.2d 238 · Court of Criminal Appeals of Texas · Jan 6, 1993

In short, an intentional killing in the course of rape would also qualify, a fortiori, as an aggravated- rape. 9 But *264 therein lies the problem. … And in Wooldridge the evidence clearly demonstrated that serious bodily injury occurred well before the conduct that caused the death. 653 S.W.2d at 816, n. 9 .