Case law

Ex Parte Cannon

546 S.W.2d 266 · Court of Criminal Appeals of Texas · Nov 10, 1976

Ward, 116 Tex. 1 , 285 S.W. 1063 , Chief Justice Cureton stated this truth thusly: "Jurisdiction is power to hear and determine the matter in controversy according to established rules of law, and to carry the sentence or … It is common knowledge that the courts have not been immune from such criticism. All who exercise powers of government in the name of the people would do well to re-examine the source of such powers.

White v. State

129 Tex. Crim. 59 · Court of Criminal Appeals of Texas · Apr 17, 1935

We fail to perceive any injury possible, and are of opinion the sheriff was qualified to give the answer shown. … By witnesses other than the accomplice the following facts were established: Tipton shot and killed Milton. The killing was done about 8:30 P.

Manns v. State

122 S.W.3d 171 · Court of Criminal Appeals of Texas · Dec 17, 2003

While not addressing directly what makes an informant a government agent, the Court’s opinion at least indicates that an informant qualifies if he has a prior arrangement with the government to be paid for obtaining information … that someone in the District Attorney’s Office made a statement regarding “information meriting consideration,” and that it occurred before Broome elicited some or all of the information from appellant — an assumption not clearly

State v. Comeaux

818 S.W.2d 46 · Court of Criminal Appeals of Texas · Jul 3, 1991

We based that determination, in part, on the existence of city ordinances which established the right to privacy in a taxicab. … A communication "may be not only by word of mouth, but also by exhibiting the body or any part thereof to the physician for his opinion, examination, or diagnosis, and that sort of communication is quite clearly within the

Norris v. State

902 S.W.2d 428 · Court of Criminal Appeals of Texas · Mar 1, 1995

State, 464 S.W.2d 118, 128 (Tex.Cr.App.1971) (a defendant should not be immunized from attacks on his credibility by proof of prior convictions because he keeps repeating the same offense). … Article 37.071, V.A.C.C.P., allows admission of extraneous offenses at the punishment phase of a capital murder case if the State clearly proves the defendant committed them. See, e.g., Butler v.

Jones v. State

119 S.W.3d 766 · Court of Criminal Appeals of Texas · Nov 5, 2003

I imagine he was qualified, at that point, to give them to somebody else. I would imagine he knew them by heart by then. … We established in the previous point of error that appellant’s arrest, under warrant, was legal.

Ruffin v. State

270 S.W.3d 586 · Court of Criminal Appeals of Texas · Dec 10, 2008

State, 9 not to establish an insanity defense, but to negate the mens rea element of knowing that the persons he was shooting at were police officers. … Carter in this case is clearly relevant to the issue of whether appellant intended to shoot at police officers during the standoff or whether, because of a mental disease and the delusions that he suffered as a result of

Rogers v. State

640 S.W.2d 248 · Court of Criminal Appeals of Texas · Oct 20, 1982

Although the violation of due process and due course of law appears clearly, respect for stare decisis causes us to examine these holdings to see if they can be justified. … XIV. [2] "No citizen of this State shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the due course of the law of the land." Texas Const. art.

Martin, Jerry Duane

Court of Criminal Appeals of Texas · Oct 31, 2012

As evidenced by subsection (a)(2), the Legislature clearly knew how to specify that commission of the offense of escape was a predicate offense for capital murder. … He contends that the evidence shows that Canfield's death was clearly just a tragic accident.

Martin, Jerry Duane

Court of Criminal Appeals of Texas · Oct 31, 2012

He contends that the evidence shows that Canfield’s death was clearly just a tragic accident. … Because the process of “escaping” is not an offense in and of itself, it is not within the proof necessary to establish the charged offense.

Texas Health and Human Services Commission and Office of Inspector General v. Antoine Dental Center

Court of Criminal Appeals of Texas · Nov 10, 2015

In all qualifying cases, comprehensive orthodontic treatment (i.e. … to qualify for Medicaid, but who cannot afford private coverage.

Gonzalez, Mark Anthony

Court of Criminal Appeals of Texas · Aug 20, 2026

of his criminal proceeding would have been different, that decision would be “diametrically different,” “opposite in character or nature,” and “mutually opposed” to our clearly established precedent … I am however not a physician or other professional qualified to diagnose.

Blue, Ex Parte Carl Henry

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 (5 th Cir. 2005). See also Ex parte Lewis , ___ S.W.3d ___ (Tex. Crim. App., No.

Williams v. State

270 S.W.3d 112 · Court of Criminal Appeals of Texas · Nov 26, 2008

Appellant claims on appeal that the evidence “clearly shows that [he] is mentally retarded.” … The record does not clearly indicate that appellant was a 504 student "for [only] one year in the sixth grade.”

Ex Parte Peterson

117 S.W.3d 804 · Court of Criminal Appeals of Texas · Oct 8, 2003

No one is immune to mistakes or lapses in judgment. … *819 4) Was the conduct “clearly erroneous”? 64 5) Was there a legally or factually plausible basis for the conduct, despite its ultimate impropriety?

State v. Steelman

93 S.W.3d 102 · Court of Criminal Appeals of Texas · Oct 23, 2002

If the presence of odors is testified to before a magistrate and he finds the affiant qualified to know the odor, and it is one sufficiently distinctive to identify a forbidden substance, this Court has never held such a … Affirmative links must be established, but that occurs at trial. II.

Studer v. State

799 S.W.2d 263 · Court of Criminal Appeals of Texas · Nov 21, 1990

Clearly the discussion in the report under "BACKGROUND" refutes this notion. … The Court of Criminal Appeals could be given rulemaking authority to establish further safeguards of defendants' notice rights.

Miles, Ex Parte Richard Ray Jr.

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 Medellin

280 S.W.3d 854 · Court of Criminal Appeals of Texas · Jul 31, 2008

The applicant alleges three circumstances he contends should qualify him to re-raise his Vienna Convention claim in yet another subsequent post-conviction application for writ of habeas corpus. [1] First, he points to the … But it seems that the ICJ intended to do just that: to impose its sense of Napoleonic Code inquisitorial justice, without regard for other sovereigns' well-established laws and procedures.

Celis, Mauricio Rodriguez

Court of Criminal Appeals of Texas · May 15, 2013

objective is to protect the public against injury from acts or services, professional in nature, deemed by both the legislature and the courts to be the practice of law, done or performed by those not deemed by law to be qualified … Sometimes Texas judges clearly would have preferred a Model Penal Code method of attaching a culpable mens rea to every element of an offense.