Case law

Scott v. State

227 S.W.3d 670 · Court of Criminal Appeals of Texas · Jun 6, 2007

He also remembered seeing keys in the front door. 29 For the first time, he clearly asserted that the girls were all taken to the back of the shop. … The defense did present a qualified expert to contradict the State’s arson experts, as summarized in the text.

Burks v. State

876 S.W.2d 877 · Court of Criminal Appeals of Texas · Mar 9, 1994

The State then asked Grmela if she could attribute a different meaning to “deliberately”, “that deliberately means more than intentionally”, in order to follow the law and be a qualified juror. … Davila clearly identified himself as a police officer when attempting to get appellant to stop.

Mays, Randall Wayne

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.

LEWIS, HOWARD WAYNE v. the State of Texas

Court of Criminal Appeals of Texas · Apr 16, 2026

“[T]o qualify as a government agent, the informant must at least have some sort of agreement with, or act under instructions from, a government official.” Manns v. State, 122 S.W.3d 171, 183–84 (Tex. Crim. … ”  “The Court failed to clearly charge the jury whether an intentional killing was required to support a conviction for capital murder so as to ensure meaningful appellate review of the process potentially

Garza, Humberto

Court of Criminal Appeals of Texas · Apr 14, 2021

He clearly understands right from wrong. . . . [Applicant] appears to be responsible for his conduct.” B. … And there is no evidence that either one of Applicant’s trial attorneys had the expertise to decide whether Applicant had any mental illness or dysfunction without the assistance of a qualified expert.

Ex parte Garcia

486 S.W.3d 565 · Court of Criminal Appeals of Texas · Apr 6, 2016

Although I agree that Texas has improved its procedures for appointing qualified attorneys in criminal cases, the narrower problem that the Supreme Court identified with Texas’s system for resolving ineffective-assistance-of-counsel … It stated, At tlié hearing on [applicant's] motion for new trial, counsel, himself; clearly articulated his reasons for his decision not to request an English-to-Spanish interpreter.

Jacobs, Joshua

Court of Criminal Appeals of Texas · Oct 10, 2018

prior sexual offense, the jury pool would be “poison[ed]” and he would have to “bust[] the panel.”38 However, when the right to select a fair and impartial jury clashes with a judge’s concern over being able to obtain a qualified … Clearly, the fact that a proffered question would “be of some use in exercising peremptory challenges” does not mean that such a question is compelled by the constitution.39 But here, Jacobs was trying to get information

Douglas B. Moseley v. Sherrie Arnold

Court of Criminal Appeals of Texas · Sep 14, 2015

If that had happened, the purchaser would clearly have become a ―successor‖ to Gorman‘s rights under the Deed Restriction, and the Deed Restriction would have been enforceable by the successor. … Because Defendant never received an assignment of the Deed Restriction, and does not qualify as a successor to the Deed Restriction (as well as none of the other five intervening purchasers of the 5 Acres), there is no

Prystash v. State

3 S.W.3d 522 · Court of Criminal Appeals of Texas · Sep 15, 1999

favors the conclusion of litigation by compromise and settlement, both in criminal and civil cases, and allowing a criminal defendant to introduce evidence about a sentence offered by the State during plea negotiations clearly … Thus, the special issue was an "element [the] jury [had to] find to establish a capital murder punishable by death." Boykin v.

Williams, Ex Parte Arthur Lee

Court of Criminal Appeals of Texas · Jun 13, 2012

Because the term "probability" is part of a determination in the future-dangerousness issue, its use without a numerical qualifier precludes the statistics definition. … Risinger gave the most extensive discussion of the meaning of probability (we have detailed only a small portion of it in this opinion), and that discussion was clearly in line with applicant's view of the term. 35.

Williams, Ex Parte Arthur Lee

Court of Criminal Appeals of Texas · Jun 13, 2012

WILLIAMS — 8 mathematical determination, a specific numerical qualifier is always assigned (e.g. a 1 in 20 probability, a .05 probability, or a five percent probability). … Because the term “probability” is part of a determination in the future-dangerousness issue, its use without a numerical qualifier precludes the statistics definition.

Nelson v. State

848 S.W.2d 126 · Court of Criminal Appeals of Texas · Nov 25, 1992

The record supports the trial court’s finding that Miles was not qualified for jury service and we find no abuse of discretion. … Clearly, Appellant has not directed the attention of this Court to portions of the record where the evidence claimed to be mitigating appears. Accordingly, we are not obliged to reach the merits of his Penry claim.

Ex Parte Woods

52 Tex. Crim. 575 · Court of Criminal Appeals of Texas · Feb 19, 1908

In all counties, justices’ precincts, towns, cities or other subdivisions of a county where qualified voters thereof have, by a majority vote, determined that the sale of intoxicating liquors shall be prohibited therein, … A principal share of the benefit expected from written constitutions would be lost if the rules they established were so flexible as to bend to circumstances or be modified by public opinion.

Johnson v. State

43 S.W.3d 1 · Court of Criminal Appeals of Texas · Mar 28, 2001

State , [3] (2) to disavow any implication that meeting the traditional preservation of error test for the denial of for-cause challenges establishes harm regardless of any other factors that may be present in the case and … For example, Article 1.03(5), V.A.C.C.P., clearly states that one of the objects of the Code of Criminal Procedure is to "insure a fair and impartial trial."

Green, Gary

Court of Criminal Appeals of Texas · Oct 3, 2012

He states in his brief: "Certainly there were enough jurors to question and qualify without jeopardizing the health of citizens by removing for at least two weeks the only person qualified to operate such equipment." … confession was in fact eventually obtained. (40) However, we have also held that a waiver need not assume a particular form, that neither a written nor an oral express waiver is required, and that in some cases, a waiver can be clearly

Green, Gary

Court of Criminal Appeals of Texas · Oct 3, 2012

He states in his brief: “Certainly there were enough jurors to question and qualify without jeopardizing the health of citizens by removing for at least two weeks the only person qualified to operate such equipment.” … confession was in fact eventually obtained.40 However, we have also held that a waiver need not assume a particular form, that neither a written nor an oral express waiver is required, and that in some cases, a waiver can be clearly

Tolbert v. State

743 S.W.2d 631 · Court of Criminal Appeals of Texas · Jan 27, 1988

The child's testimony established that appellant placed his "ding-a-ling" or penis into her mouth while the family was living in the "red house" in Caldwell, on or near the date specified in the indictment. Mrs. … By the above statements, I do not mean to suggest that appellate court judges are less qualified than the actual trier of facts to decide ultimate issues of guilt and punishment.

Holland v. State

761 S.W.2d 307 · Court of Criminal Appeals of Texas · Jul 13, 1988

Very simply put, Arthur Jolivet, in response to questions by both counsel and the court, clearly stated that he would not find appellant guilty or assess punishment, regardless of his oath, because of his deep-seated loyalty … He is only qualified as a psychiatrist, not a predictor of the future. THE COURT: Overruled.

Lucero, Jimmie Urbano

Court of Criminal Appeals of Texas · Feb 13, 2008

calculations of time 6 (...continued) 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 … 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

Beets v. State

767 S.W.2d 711 · Court of Criminal Appeals of Texas · Sep 21, 1988

The facts did not establish that this was a "murder for hire" case. … While appellant did not pull the trigger himself, clearly he is guilty of murder under the law of parties.....