Case law

Moosani v. State

914 S.W.2d 569 · Court of Criminal Appeals of Texas · Dec 6, 1995

Only when an earlier decision was clearly erroneous, or some special justification arises, may established precedent be overturned. Ex parte Porter, 827 S.W.2d 324, 331 (Baird, J., dissenting). … A careful review of Chambers demonstrates its holding was clearly erroneous.

Stoker v. State

788 S.W.2d 1 · Court of Criminal Appeals of Texas · Sep 20, 1989

The record clearly shows that appellant not only threatened to kill others if they went to the authorities, but was in the process of planning the murders of Deborah and Ronnie Thompson. … Appellant argues that the State failed to properly establish a chain of custody for this evidence.

Smith v. State

683 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.

Vega v. State

84 S.W.3d 613 · Court of Criminal Appeals of Texas · Jun 26, 2002

A substantive right has *617 been defined by this Court as a right to the equal enjoyment of fundamental rights, privileges, and immunities or a right that can be protected or enforced by law. … The Court has clearly explained how some of the Illinois procedures substantially complied with some portions of the Texas juvenile statute.

State v. Ibarra

953 S.W.2d 242 · Court of Criminal Appeals of Texas · Sep 10, 1997

I, § 9 in this context, the State concedes that a ruling today that would allow the State to constitutionally show voluntariness of consent by a preponderance of the evidence would undermine years of well-established precedent … The supreme court of Michigan did not exceed its jurisdiction, or deliver a judgment abridging appellant's privileges or immunities, or depriving him of the law of the land of his domicile.

Tillman, Larry Joseph Jr.

Court of Criminal Appeals of Texas · Oct 5, 2011

He asserts that Malpass is qualified as an expert in that field and the subject matter that he proposed to discuss is within the scope of that field. … Consequently, to establish its reliability, the proponent must establish that “(1) the field of expertise involved is a legitimate one, (2) the subject matter of the expert’s testimony is within the scope of that field,

Smith, Ex Parte Laroyce Lathair

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 Penry jury charge error is structural and thus immune from any harmless error analysis. This position conflicts with well-established Texas law under Almanza .

Gould v. State

66 Tex. Crim. 122 · Court of Criminal Appeals of Texas · Mar 27, 1912

The defendant' accepted the bill as thus qualified, and files the same. It has been held by this court in the case of Blain v. State, 34 Texas Crim. … If, however, the fact of the destruction of the instrument is not clearly proved, and is denied by the prisoner, notice to produce it will not be dispensed with. (Doe v. Morris, 3 Ad. & El., 46.)

Nunes, Ex Parte James

Court of Criminal Appeals of Texas · May 3, 2006

Clearly, court orders are not operative until they are entered into the record or announced in open court. … PD-1631-04, January 18, 2006) (setting out analytical framework for deciding when admission into evidence of out-of-court statements qualifying as excited utterances under Rule 803(2) violates Crawford and the Confrontation

Ex Parte Davis

947 S.W.2d 216 · Court of Criminal Appeals of Texas · Dec 18, 1996

Clearly Article 11.071 does not do any of those things, thus it does not operate as an ex post facto law. French v. State, 830 S.W.2d 607, 608 (Tex.Cr.App.1992). In Grimes v. … federal constitutional claims at all in state habeas corpus proceedings, we ought at least to limit them to "exceptional" claims, invoking rights or guarantees "so fundamental to the fair operation of the system as to be 1) immune

Mays v. State

318 S.W.3d 368 · Court of Criminal Appeals of Texas · Apr 28, 2010

. * Once the venire panel was qualified, the judge gave three separate instructions not to read any newspaper articles, watch any television reports, or listen to any radio reports concerning the case. … If you believe he’s paranoid and he believes that the guards are out to get him or the police officers are out to get him or just that people are out to get him, then, clearly, there’s a risk of violence.

Howard v. State

80 Tex. Crim. 588 · Court of Criminal Appeals of Texas · Feb 21, 1917

It was established by the testimony that deceased had no pistol and no holster on when appellant shot him. … The trial judge qualified his bill, which was only to the overruling of his motion for a new trial, as follows: ‘The jury that tried this case were selected from the jury for the week; all of the jury had been sworn in as'jurors

Ex Parte Russell

720 S.W.2d 477 · Court of Criminal Appeals of Texas · Sep 17, 1986

It is well established that in post-conviction habeas corpus proceedings the burden of proof is upon the applicant and includes the burden of proving his factual allegations. … Here, however, the trial court clearly did not apply the proper standard.

Miles, Ex Parte Richard Ray Jr.

359 S.W.3d 647 · Court of Criminal Appeals of Texas · Feb 15, 2012

As he passed the shooter, he could not see the man’s face clearly, but he was sure that it was the same person. … The court also concluded that Applicant had established that he is actually innocent.

Ex Parte Chi

256 S.W.3d 702 · Court of Criminal Appeals of Texas · Jun 9, 2008

This, however, is insufficient to establish an Eighth Amendment violation. … . * * * To qualify, the alternative procedure must be feasible, readily implemented, and in fact significantly reduce a substantial risk of severe pain.

Ex Parte Tuley

109 S.W.3d 388 · Court of Criminal Appeals of Texas · Jul 2, 2003

unquestionably established the applicant's innocence. … Unlike the other dissenting opinion on rehearing, I think that applicant's evidence qualifies as "newly discovered."

Walker v. State

88 Tex. Crim. 389 · Court of Criminal Appeals of Texas · Mar 17, 1920

In both of these cases the well-established rule touching the admission of dying declarations is applied. Underhill on Crim. Evidence, sec. 108. … This was clearly res gestae.

IRSAN, ALI AWAD MAHMOUD v. the State of Texas

Court of Criminal Appeals of Texas · Feb 26, 2025

But under ordinary rules of procedural default, the egregiousness of an alleged error does not transform a forfeitable claim into one that is immune from procedural default. See Proenza v. … Clearly, that motion did not rely on evidence adduced at Appellant’s trial.

Wilder v. State

583 S.W.2d 349 · Court of Criminal Appeals of Texas · Jan 31, 1979

The evidence introduced clearly shows that Armour was a party to the offense. He was, in effect, the “wheel man.” … time the issue of the defendant’s incompetency to stand trial is raised, the court may, on its own motion or motion by the defendant, his counsel, or the prosecuting attorney, appoint disinterested experts experienced and qualified

Smith v. State

676 S.W.2d 379 · Court of Criminal Appeals of Texas · Jul 11, 1984

The attorneys representing the State and the appellant were understandably attempting to elicit differing answers from Freeman in their quest to either qualify or disqualify her. … , defense counsel repeated his earlier inquiry about whether Freeman would answer "no" even if the evidence established it should be "yes."