Case law
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Court of Criminal Appeals of Texas · Jun 11, 2008
It is not entirely clear from his argument whether he thinks the error is immune from a harmless error analysis or whether he merely thinks the error was not harmless in his case. … ) Although some discussion was had that the statement might qualify as a statement against interest, the portion of the statement that appellant offered into evidence contained no self-inculpatory assertions. (122) Rather
Cited 0 timesPublished728 S.W.2d 772 · Court of Criminal Appeals of Texas · Mar 18, 1987
On August 21, 1979, the deceased, Claude Ventry Bridges, a doctoral candidate at Texas Tech University, was to complete the final day of his qualifying examinations for his doctorate degree. … Clearly by his motion to suppress appellant failed to make “a substantial preliminary showing” of a Franks claim. 438 U.S. at 155 , 98 S.Ct. at 2676 , 57 L.Ed.2d at 672 . See Ramsey, supra.
Cited 253 timesPublishedCourt of Criminal Appeals of Texas · Apr 28, 2010
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. Guevara, 152 S.W.3d at 49 . … The watch and ring that Walker was shown wearing on the bank surveillance video would have been clearly visible to appellant.
Cited 0 timesPublished823 S.W.2d 232 · Court of Criminal Appeals of Texas · Feb 12, 1992
In addition, the confession clearly states that appellant also believed that the money he was paid originated from "Mark." … Appellant's confession clearly states that he has know Waldhauser for a number of years.
Cited 39 timesPublished957 S.W.2d 9 · Court of Criminal Appeals of Texas · Sep 17, 1997
If we are to interpret our Constitution effectively to provide "more protection" to criminals, then the constitutional provision at issue should clearly require us to do so. … Toth was given immunity and testified she had only changed her testimony because of Reimer's threats. Id., at 436 .
Cited 56 timesPublished77 Tex. Crim. 72 · Court of Criminal Appeals of Texas · May 5, 1915
clearly that it was what it purports to be,— a license fee only. … Clearly, the city so regarded them and acted upon such distinction. In the case of Southwestern, etc., Co. v. City of Dallas, 174 S. W.
Cited 34 timesPublishedCourt of Criminal Appeals of Texas · Jun 26, 2013
We have indicated that the special rule of privilege is designed to cover attorney work product.28 C.W.’s letter to applicant was clearly not attorney work product. … Although a letter might conceivably qualify as an excited utterance, we are not saying that the letter in this case did so.
Cited 0 timesPublishedCourt of Criminal Appeals of Texas · Jun 11, 2008
It is not entirely clear from his argument whether he thinks the error is immune from a harmless error analysis or whether he merely thinks the error was not harmless in his case. … Although some discussion was had that the statement might qualify as a statement against interest, the portion of the statement that appellant offered into evidence contained no self-inculpatory assertions.118 Rather,
Cited 0 timesPublishedCourt of Criminal Appeals of Texas · Jun 26, 2013
s letter to applicant was clearly not attorney work product. But even if we set aside the fact that C.W.' … Prior consistent statements within a letter might qualify under a hearsay exception, such as excited utterance, (30) or might be relevant to a non-hearsay purpose.
Cited 0 timesPublished259 S.W.3d 184 · Court of Criminal Appeals of Texas · Jun 4, 2008
The Supreme Court gave a qualified answer to that question in Patterson v. Illinois . … Arizona, 451 U.S. 477 , 101 S.Ct. 1880 , 68 L.Ed.2d 378 (1981), and Holloway, 780 S.W.2d 787 ; therefore, the trial court was clearly aware of the implication of these cases when it made its decision.
Cited 15 timesPublishedCourt of Criminal Appeals of Texas · Oct 13, 2010
Texas law clearly assures that all such evidence will be adduced. Coble Page 15 recently stated in Estrada v. … He agreed that he was not qualified to express any opinion regarding appellant’s “future dangerousness.”
Cited 0 timesPublished938 S.W.2d 35 · Court of Criminal Appeals of Texas · Nov 20, 1996
Appleman stated that he thought appellant could get a fair trial in Jefferson County, which had a population of 128,980 qualified potential jurors. … It is true that appellant has not established a record supporting his claim of “lingering psychological anguish.”
Cited 535 timesPublishedCourt of Criminal Appeals of Texas · Nov 20, 2013
Counsel then followed the trial court’s direction and asked a series of questions that were much more clearly articulated to elicit the information. … Texas Rules of Evidence, which states: 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
Cited 0 timesPublishedCourt of Criminal Appeals of Texas · Nov 20, 2013
Counsel then followed the trial court's direction and asked a series of questions that were much more clearly articulated to elicit the information. … governed by Rule 702 of the Texas Rules of Evidence, which states: 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
Cited 0 timesPublished745 S.W.2d 327 · Court of Criminal Appeals of Texas · Sep 30, 1987
Appellant argues under his ground of error that the evidence that was adduced at his former trial, see supra, was insufficient to establish his guilt. … State, supra, except there was a record of voir dire which the Court said it had read and "noticed the lack of difficulty in securing a qualified jury." James v.
Cited 98 timesPublished719 S.W.2d 320 · Court of Criminal Appeals of Texas · Oct 15, 1986
Second, the State established that Dr. … Butler was a qualified expert in the field of psychiatry. The State also established that appellant had indicated to Dr.
Overruled on other grounds by Meraz v. State, 1990 Tex. Crim. App. LEXIS 4 (1990)Cited 47 timesPublished771 S.W.2d 435 · Court of Criminal Appeals of Texas · Jun 18, 1986
Appellant contends that this evidence clearly establishes that Sauls was an accomplice as a matter of law. … Appellant requested the trial court to prevent the State from qualifying the potential jurors based upon their feelings toward capital punishment.
Cited 207 timesPublishedCourt of Criminal Appeals of Texas · Oct 8, 2008
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. … The appellant does not assert that an outside influence was improperly brought to bear upon any juror, nor does he rebut a claim that a juror was not qualified to serve.
Cited 0 timesPublished683 S.W.2d 393 · Court of Criminal Appeals of Texas · Sep 19, 1984
State, 542 S.W.2d 664 (Tex.Cr.App.1976). 6 In order to complain of the improper exclusion of a qualified juror the defendant *402 must show he was injured or forced to proceed with an objectionable juror. Page v. … C.P., which establishes the statutory guidelines under which the death penalty may be imposed, violates the Eighth and Fourteenth Amendments to the United States Constitution.
Cited 208 timesPublished230 S.W.3d 151 · Court of Criminal Appeals of Texas · Mar 7, 2007
Patton’s closing observations with respect to the school records: Clearly, these deficits in learning ability, may well be attributable to causes other than mental retardation; for example, learning disabilities and/or an … Patton to be a qualified expert for assessing and diagnosing mental retardation. In re: Hearn, 418 F.3d 444, 445-46 (5th Cir.2005). See also Ex parte Lewis, 223 S.W.3d 372, 378 (Tex.Crim.App., No.
Cited 112 timesPublished
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