Case law

Cannon v. State

41 Tex. Crim. 467 · Court of Criminal Appeals of Texas · Feb 14, 1900

The court qualifies the bill: “The court, upon objection of the State, refused to permit counsel for defendant to read the facts and arguments of Lord Erskine in the Hadfield case, or to recite from memory or otherwise, the … The record does not show he was insane, but, on the other hand, we think it clearly establishes the fact that deceased was killed by defendant through cold, cruel, and premeditated design, and not under any temporary or permanent

Nick N.Feizy v. State

Court of Criminal Appeals of Texas · Apr 30, 2015

of the evidence as to be clearly wrong. … The right established in In re Winship, however, clearly stands on a different footing.

Cada, Frankie Lee

Court of Criminal Appeals of Texas · Feb 9, 2011

Finch is clearly a member of the general class of citizens that the Legislature intended to protect against retaliation. … App. 1981) (op. on reh'g) (stating that a person who "perceives an event and relays the information gained to the police" qualifies as an "informant" under the retaliation statute); Cochran v.

Allridge v. State

850 S.W.2d 471 · Court of Criminal Appeals of Texas · Nov 13, 1991

In contrast, appellant presented evidence at the suppression hearing to establish that he was physically and psychologically coerced into signing the consent to search his bedroom. … Appellant was also clearly apprised of the fact that he had the right to refuse to sign the consent to search. This fact was apparent on the face of the consent to search form which appellant signed.

Klein v. State

273 S.W.3d 297 · Court of Criminal Appeals of Texas · Oct 1, 2008

See Klein, 191 S.W.3d at 784 . [21] *315 Judge Cochran's dissenting opinion claims that the complainant's out-of-court statements to Todd and Cook "could not possibly qualify as statements offered to rebut an explicit or … Clearly, the defense attorney had no trouble alleging an improper influence to encourage the girl to testify consistently with her outcries.

Cada, Frankie Lee

Court of Criminal Appeals of Texas · Feb 9, 2011

It is well established that 11 TEX . PENAL CODE § 36.06(a)(1)(A). … Finch is clearly a member of the general class of citizens that the Legislature intended to protect against retaliation.

Roberson v. State

83 Tex. Crim. 238 · Court of Criminal Appeals of Texas · Oct 17, 1917

The court, in his charge, qualified appellant’s right of self-defense by a charge on the law of provoking the difficulty, and this is assailed on the ground that the issue of provoking the difficulty was not raised by the … These embodied the elements which must concur to establish provoking the difficulty in its legal sense. Branch’s P. C., art. 1138; Young’case, 53 Texas Crim. Rep., 416 , 110 S. W. Rep., 445 ; Vernon’s C. C.

Snodgrass v. State

67 Tex. Crim. 615 · Court of Criminal Appeals of Texas · Feb 14, 1912

In the *Page 645 case under consideration the pardon is clearly of this latter class. … Thus it is seen that the object and purpose of the Act in question, and the sole object and purpose, is to grant to a defendant adjudged guilty of crime, and his punishment assessed, immunity from the punishment on condition

Morrison v. State

845 S.W.2d 882 · Court of Criminal Appeals of Texas · Dec 16, 1992

Now the subject of note taking is a small controversy, you might say, in American law, and Texas is not immune from that. … Two of the cases clearly involved questions to which the judge would need answers in order to make a ruling. Milo v.

Lucero v. State

246 S.W.3d 86 · Court of Criminal Appeals of Texas · Feb 13, 2008

The affidavits clearly indicate that the scripture had no effect on the jury’s verdict rendered some hours later. 9 We, therefore, cannot conclude that the trial court abused its discretion in declining to hold a hearing … 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. 7 .

Nichols v. State

754 S.W.2d 185 · Court of Criminal Appeals of Texas · Apr 13, 1988

The applicable harm analysis is different, dependent upon whether the excluded juror is qualified or disqualified for service. … Such error is reversible only where appellant establishes that he was tried by a jury to which he had a legitimate objection. Esquivel, supra; Henriksen, supra.

Threadgill v. State

146 S.W.3d 654 · Court of Criminal Appeals of Texas · Oct 13, 2004

In his third point of error, appellant claims that the evidence is factually insufficient to establish his identity as the offender and to establish his intent to kill the victim. … The venire comprises so many jurors who are clearly qualified that it is unnecessary to err by denying a challenge for cause on a close question." Jones v. State, 982 S.W.2d 386, 394 (Tex.Cr.App.1998).

Bess, Donald Andrew, Jr.

Court of Criminal Appeals of Texas · Mar 6, 2013

On appeal, a reviewing court will overturn the trial court's ruling on a challenge for cause only if it clearly abused its discretion. Gonzales , 353 S.W.3d at 831 . … That fact had already been established by proof of Appellant's conviction for the offense through admission of the penitentiary packet.

Bess, Donald Andrew, Jr.

Court of Criminal Appeals of Texas · Mar 6, 2013

On appeal, a reviewing court will overturn the trial court’s ruling on a challenge for cause only if it clearly abused its discretion. Gonzales, 353 S.W.3d at 831. … Still, although Pack believed that there are certain crimes that deserve the death penalty, he qualified that belief by adding, “If there’s no mitigating circumstances.”

Saldano, Victor AKA Rodriguez, Victor

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

DELACRUZ, ISIDRO MIGUEL v. the State of Texas

Court of Criminal Appeals of Texas · Mar 1, 2023

Knowingly causing the death of a child under ten and intentionally causing the death of a child under ten both qualify as capital murder. … This exchange does not establish that Hodges understood the requirements of the law and could not or would not follow them.

Landor, Mabry J., Iii

Court of Criminal Appeals of Texas · Jun 29, 2011

Before the State can be held at fault for failing to produce a witness, it must first be established that such a witness exists. … must have engaged in coercive misconduct43 that caused the suspect’s will to be overborne.44 For official conduct to qualify as the type of conduct that renders a confession involuntary, it must not simply 43

Chanthakoummane, Kosoul

Court of Criminal Appeals of Texas · Apr 28, 2010

The watch and ring that Walker was shown wearing on the bank surveillance video would have been clearly visible to appellant. … Appellant argues on appeal that Mania “clearly stated” he would follow the law and apply the correct legal standard. We disagree.

Landor, Mabry J., Iii

Court of Criminal Appeals of Texas · Jun 29, 2011

Before the State can be held at fault for failing to produce a witness, it must first be established that such a witness exists. … misconduct (43) that caused the suspect's will to be overborne. (44) For official conduct to qualify as the type of conduct that renders a confession involuntary, it must not simply be "coercive" but must also be "wrongful

Broxton v. State

909 S.W.2d 912 · Court of Criminal Appeals of Texas · Oct 4, 1995

According to appellant, Nolan's testimony as a whole demonstrated that Nolan was qualified, notwithstanding his expressed bias toward answering the third special issue such that a defendant would receive a life sentence rather … In ruling on the State's challenge, the trial court clearly found Nolan unacceptable because of this latter inclination, for it opined that "it was apparent from Mr.