Case law

Neal, Ronnie

Court of Criminal Appeals of Texas · Jun 18, 2008

Appellant has failed to establish the onset before age 18 of either significant sub-average general intellectual functioning or limitations in adaptive functioning. … We have held that the defendant bears the burden of proof to establish by a preponderance of the evidence that he is mentally retarded. (35) Points of error four and five are overruled.

Sattiewhite v. State

786 S.W.2d 271 · Court of Criminal Appeals of Texas · Oct 25, 1989

First, the lesser offense must be included within the proof necessary to establish the offense charged. … He was qualified to testify as to appellant’s future dangerousness, and said testimony was properly admitted.

Cantu v. State

253 S.W.3d 273 · Court of Criminal Appeals of Texas · May 7, 2008

appellant never re *285 quested a speedy trial; he sought only an outright dismissal and tried to prove that he acted on the desire for a speedy resolution before he was charged. 55 In the trial judge’s eyes, he failed to establish … State, 650 S.W.2d 396, 401 (Tex.Crim.App.1983) ("Although a motion to dismiss notifies the State and the court of the speedy trial claim, a defendant’s motivation in asking for dismissal rather than a prompt trial is clearly

Cook v. State

940 S.W.2d 623 · Court of Criminal Appeals of Texas · Nov 6, 1996

Furthermore, where the State's conviction is based in part upon the introduction of a coerced confession, a defendant's right to due process is clearly violated, Rogers v. … It was established that Jim Mayfield had white hair and that appellant's hair was black at the time of the murder.

Bekendam, Stephanie Lynn

441 S.W.3d 295 · Court of Criminal Appeals of Texas · Sep 17, 2014

The complaining party must let the trial judge know what she wants and why she thinks she is entitled to it, and do so clearly enough for the judge to understand and at a time when the trial court is in a position to do … Rule 702 states 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 expert by knowledge, skill

Alfaro v. State

638 S.W.2d 891 · Court of Criminal Appeals of Texas · Sep 15, 1982

All the statements were clearly made in response to custodial interrogation, and none were reduced to writing or recorded. … person, the accused’s statement under Section 2 or Section 3(a) of this article is not admissible against the accused unless the warning in Section 2 of this article is interpreted to the deaf person by an interpreter who is qualified

Ladd v. State

3 S.W.3d 547 · Court of Criminal Appeals of Texas · Oct 6, 1999

Appellant argues that the State’s request was racially-motivated and that “Batson naturally extends to [jury] shuffles.” 9 The record reflects that after the trial court qualified the venire, the State, acting pursuant to … Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), the Supreme Court established a two-prong test to evaluate ineffective assistance claims.

West and Hernandez v. State

116 Tex. Crim. 468 · Court of Criminal Appeals of Texas · Mar 12, 1930

Appellants clearly had the right to impeach the witness by showing that she had made statements to appellants’ attorneys which contradicted her testimony upon the trial. … Appellant objected on the ground that the witness was not shown to be qualified.

Carter, Carl Allen

Court of Criminal Appeals of Texas · Mar 24, 2010

It contends that, although the videotape was helpful to resolve the factual issues, the trial court had an opportunity to view the witness and was "uniquely qualified" to determine Henderson's demeanor and credibility. … 'It is well established that when we are confronted with a plurality opinion, we look to that position taken by those Members who concurred in the judgments on the narrowest grounds.'

Carter, Carl Allen

Court of Criminal Appeals of Texas · Mar 24, 2010

It contends that, although the videotape was helpful to resolve the factual issues, the trial court had an opportunity to view the witness and was “uniquely qualified” to determine Henderson’s demeanor and credibility. … ‘It is well established that when we are confronted with a plurality opinion, we look to that position taken by those Members who concurred in the judgments on the narrowest grounds.’

Baum v. State

60 Tex. Crim. 638 · Court of Criminal Appeals of Texas · Jun 22, 1910

The court qualifies the bill and explains his reasons for permitting this character of examination by saying, “The witness appeared to be hostile to the State .and to be in the interest of the defendant, reluctant and unwilling … in this matter, the written statement which the prosecuting attorney had in his hand he showed to the jury, and the contents of it he fully disclosed to the jury as we infer from the record, and in our opinion he has as clearly

Thompson, Ex Parte Ronald

442 S.W.3d 325 · Court of Criminal Appeals of Texas · Sep 17, 2014

Although some conflict exists over whether this right is clearly established for qualified immunity purposes, “The First Circuit’s decision in Glik aligns with authority from the Eleventh Circuit and with the weight of district-court … Koetting, 616 S.W.2d 822, 826-27 (1981) (“To require a telephone subscriber to deny himself the use of the system to avoid harassment is clearly unreasonable and the state has a legitimate interest in providing a means of

Gonzales, Michael Dean

Court of Criminal Appeals of Texas · Sep 28, 2011

To establish that the challenge for cause is proper, the proponent of the challenge must show that the venireperson understood the requirements of the law and could not overcome his prejudice well enough to follow the law … However, I believe, having listened to her questions and questioned her answers to the Court, is of the opinion that she is qualified."

Gonzales, Michael Dean

Court of Criminal Appeals of Texas · Sep 28, 2011

To establish that the challenge for cause is proper, the proponent of the challenge must show that the venireperson understood the  Gonzales … However, I believe, having listened to her questions and questioned her answers to the Court, is of the opinion that she is qualified.”

Deeb v. State

815 S.W.2d 692 · Court of Criminal Appeals of Texas · Jun 26, 1991

Spence’s statements to Beckham also fail to qualify as an exception to the hearsay rule because they did not serve to further the conspiracy to murder Gayle Kelley for remuneration. 4 The trial court erred when it admitted … Wingo analysis, appellant has clearly asserted his right to a speedy trial by virtue of his motions to dismiss for failure to provide a speedy trial. In analyzing the facts in light of the fourth prong of the Barker v.

Watson v. State

762 S.W.2d 591 · Court of Criminal Appeals of Texas · Dec 14, 1988

Although established in Miranda , it was in Mosley that the Court delineated the scope of "the right to cut off questioning." … Clearly at this time the officers were under no impression that appellant wanted to speak to them. They were not misled.

Thomas v. State

699 S.W.2d 845 · Court of Criminal Appeals of Texas · Oct 9, 1985

The appellant testified that he had qualified on the rifle range in the Army and that he knew weapons were dangerous. … The offense of criminally negligent homicide is committed when the facts establish that the accused has created by his conduct a substantial and unjustifiable risk, and the facts also establish that he ought to have been

State Ex Relator McNamara v. Clark

79 Tex. Crim. 559 · Court of Criminal Appeals of Texas · Dec 15, 1915

They were as clearly included in the name of "The State" as if they had been individually named. … These principles are so well established by all authorities and reason no discussion of them is necessary. Now, what have we in this cause?

Hummel, John William

Court of Criminal Appeals of Texas · Nov 20, 2013

Members of the general venire are qualified on their ability to serve, and exemptions and excuses are heard and determined by the judge presiding over the general venire or “the court’s designee” if the county has a plan … 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.

Gobert, Milton Dwayne

Court of Criminal Appeals of Texas · Nov 23, 2011

Therefore, the trial judge did not abuse his discretion in admitting it after determining that Merillat was qualified to testify as an expert regarding the prison classification system and opportunities for violence in prison … Gobert Page 25 fell below prevailing professional norms, especially as the prosecutors and trial judge were clearly just as astounded by this evidence as appellant’s counsel.