Case law

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

State of Texas v. Mazuca, Alvaro

Court of Criminal Appeals of Texas · May 23, 2012

.54 But it also agreed with the lower court’s assessment that “this is the least important Brown factor.” 55 The Hummons court next confirmed the lower court’s conclusion that the discovery of the arrest warrant indeed qualified … Under these circumstances, applying the law, as we have explicated it in this opinion, to the undisputed facts of the case in our de novo review, we conclude that the behavior of the arresting officers, although clearly

Smith v. State

297 S.W.3d 260 · Court of Criminal Appeals of Texas · May 6, 2009

As can be seen from the record, Pettitt continuously qualified his answers even when he was asked to give a firm response. … First, the lesser-included offense must be included within the proof necessary to establish the offense charged. Id.

Penry v. State

903 S.W.2d 715 · Court of Criminal Appeals of Texas · Jun 7, 1995

Duncan never clearly stated that he could not disregard such a confession. … First, the lesser-included offense must be included within the proof necessary to establish the offense charged.

Miles v. State

241 S.W.3d 28 · Court of Criminal Appeals of Texas · Oct 17, 2007

Simply stating the converse proposition does not establish that it is true. … Clearly this is not the intent of the Texas exclusionary statute.

Ex Parte Graves

70 S.W.3d 103 · Court of Criminal Appeals of Texas · Jan 2, 2002

Finley [26] that because a defendant "has no federal constitutional right to counsel when pursuing a discretionary appeal on direct review of his conviction," then clearly, "he has no such right when attacking a conviction … But the state and territorial judges are not bound by precedents established by courts that do not have the authority to review those judges' decisions, since, as in the Article III regime, authority to establish precedent

Boyle v. State

820 S.W.2d 122 · Court of Criminal Appeals of Texas · May 15, 1991

Clearly, Rochelle concerned the orderly and timely presentation of issues on direct appeal to the court of appeals. … The Court found this degree of control exhibited by the supervisor was sufficient to establish a valid third party consent. Id.

Sigala, Michael Adam

Court of Criminal Appeals of Texas · Jan 14, 2004

The mere existence of media attention or other publicity does not automatically establish prejudice or require a change of venue. … Although appellant made various comments and complaints during Widener's voir dire, he never clearly voiced an "objection."

Parks v. State

124 Tex. Crim. 405 · Court of Criminal Appeals of Texas · May 24, 1933

It happened that the judge who wrote the original opinion retired and his successor qualified before final decision of the case. Three of the judges concurred in the affirmance. … On the question of the proof of the corpus delicti the following remarks are made: That the deceased was drowned is established by the circumstances and by the testimony of the physician who examined the body.

Spence v. State

795 S.W.2d 743 · Court of Criminal Appeals of Texas · Jun 13, 1990

have they established a bright-line rule. … Gerald Yale, henceforth Vale, an extremely qualified forensic odontologist, testify on his behalf. Campbell and Vale appear to be recognized as two of the leading experts in the field of forensic odontology.

Schalk v. State

823 S.W.2d 633 · Court of Criminal Appeals of Texas · Oct 2, 1991

A literal reading of 31.05(a)(4) indicates that the above corporate actions and policies would qualify as "measures" under the statute, i.e., such that "the owner has taken measures to prevent from becoming available to persons … Clearly, the contractual agreements that appellants made with TI gave appellants ample notice that their employment would be directed towards proprietary and trade secret information.

Crank v. State

761 S.W.2d 328 · Court of Criminal Appeals of Texas · Sep 14, 1988

The un-controverted evidence presented at appellant’s trial clearly shows that Poteet was the victim of a robbery, as the State had alleged in the indictment. … Appellant vigorously contends on appeal, as he did at trial, that the testimony clearly showed a robbery at the Chip Kicker Club.

Rollerson, Kerry Larnez

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 (9 th Cir. 1997). 56. 110 F.3d at 1355-56 .

Ratliff, Kevin

Court of Criminal Appeals of Texas · Mar 16, 2022

The male was clearly intoxicated. I told the man to go inside his RV, due to my need to leave the area. I then left. 3. … Bujnoth said that the omissions and misrepresentations were so great that they qualified as tampering with a governmental record.

Hill v. State

913 S.W.2d 581 · Court of Criminal Appeals of Texas · Jan 10, 1996

"Kitchen knives, utility knives, straight razors and eating utensils are manifestly designed and made for other purposes and, consequently, do not qualify as deadly weapons unless actually used or intended to be used in such … Clearly, the two are antithetical concepts: while an "act" encompasses an affirmative action on the part of a person, an omission encompasses a forbearance of action.

Tinker v. State

95 Tex. Crim. 143 · Court of Criminal Appeals of Texas · Jan 31, 1923

Neoma Ray, the sister of the prosecutrix, admitted on cross examination, that she, in these various interviews, had denied the facts relied upon to establish the offense. … Being a right guaranteed by law, a defendant should not after a request for its enforcement be deprived of its benefit, unless it should clearly appear that no possible injury could result to him from its relaxation."

Cuevas v. State

742 S.W.2d 331 · Court of Criminal Appeals of Texas · Jul 1, 1987

His very concise argument is that the nine veniremen were not qualified because they would have applied the law of parties to one or both parts of special issue number one. … Four of the nine veniremen clearly indicated they based their affirmative responses on the driver’s conduct.

Mays v. State

726 S.W.2d 937 · Court of Criminal Appeals of Texas · Dec 3, 1986

These facts clearly demonstrate reasonable suspicion rapidly escalating to probable cause to arrest. … knowledge, or established by evidence [.]” *951 613 S.W.2d at 503 (emphasis added).

Long v. State

742 S.W.2d 302 · Court of Criminal Appeals of Texas · Jul 1, 1987

The person interviewing the child-witness may not even be an officer of the court, and may not even be qualified to conduct such an interview of a potential child witness. … Clearly, in this fact situation, appellant was afforded an opportunity to question the victim and did, in fact, question the victim.

Thomas, Kenneth Dewayne

Court of Criminal Appeals of Texas · Dec 5, 2018

McGarrahan testified that, According to our new category statistic, which is in the Diagnostic Manual of the Mental Disorders, the Fifth Edition, he would qualify for intellectual disability disorder … Specifically, he states that the defense team established that he had spent twenty-seven years on death row without any violent incidents.