Case law

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.....

Segundo v. State

270 S.W.3d 79 · Court of Criminal Appeals of Texas · Dec 10, 2008

Taylor was statutorily qualified to draw appellant’s CODIS blood sample. Appellant offered no evidence that demonstrates her lack of qualifications. … The First Circuit noted: The distinction in status between a current and a former offender clearly translates to a change in the privacy interests at stake.

Thuesen, John

Court of Criminal Appeals of Texas · Feb 26, 2014

Rachel always won at the district level, and they would go on to a regional qualifier meet and then to the State qualifier meet. … App. 1996) (when record reflected that appellant clearly objected "to any and all impact evidence" as to "all witnesses," and the trial court clearly understood the complaint and overruled it, running objection was sufficient

Cuellar v. State

70 S.W.3d 815 · Court of Criminal Appeals of Texas · Feb 13, 2002

I believe that § 20 provides no more relief than a pardon and so does not render the defendant immune from future prosecution under § 46.04. E. … All reasonable persons applying for a permit are clearly on notice of who falls within or without the category of "convicted" felons.

State v. Garcia

569 S.W.3d 142 · Court of Criminal Appeals of Texas · Dec 12, 2018

He made several qualified statements about the credibility of the police officers. … The record establishes, without material variance, that Appellee arrived at the hospital at approximately 3:01 a.m., and triage began.

MCGUIRE, SEAN MICHAEL v. the State of Texas

Court of Criminal Appeals of Texas · Feb 21, 2024

State, 32 S.W.3d 446, 13 To the extent that the trial court found otherwise on either of these points was clearly erroneous. … However, although the factual record regarding the question of exigency has not been completely developed, the existing factual record sufficiently establish that exigent circumstances exist here. As we 449 (Tex.

Elliott v. State

858 S.W.2d 478 · Court of Criminal Appeals of Texas · Apr 14, 1993

I In his first point of error appellant contends the evidence is insufficient to establish the State's theory of lack of consent to the sexual intercourse between appellant and the victim, Joyce Munguia. … At one point it seems to embrace the notion that appellant has not established a "nexus" between his evidence proffered in mitigation and the crime itself. At 486-87.

Walker, Shelley

Court of Criminal Appeals of Texas · Oct 19, 2016

Once a certain genre of scientific evidence has been established as reliable in prior cases, the proponent may be able to establish its reliability by asking the trial court to take judicial notice of it. Hernandez v. … After a hearing outside the jury’s presence, the trial court ruled he was qualified to give an expert opinion based upon his knowledge, skill, experience, training, and education. TEX . R EVID . 702.

Scripps NP Operating, LLC, a Wisconsin Limited Liability Company, Successor in Interest to Scripps Texas Newspapers, LP D/B/A Corpus Christi Caller-Times and the E.W. Scripps Company v. Terry Carter

Court of Criminal Appeals of Texas · May 12, 2016

But this is not the standard for review established by the Texas Supreme Court. … into that class of utterances which “are no essential part of any exposition of ideas, and are of such slight social value as a step to truth that any benefit that may be derived from them is clearly

Smith, Demetrius Dewayne

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.

Soffar, Max Alexander

Court of Criminal Appeals of Texas · Oct 3, 2012

The water jug-clearly visible in a crime-scene photograph-was tossed out by the cleaning crew that morning. … Professor Leo has written numerous books and articles on these topics and has consulted on more than 900 cases involving disputed interrogations, qualified as an expert witness 168 times in state, federal, and military courts

Cline v. State

36 Tex. Crim. 320 · Court of Criminal Appeals of Texas · Jun 27, 1896

In every case death must be established to the satisfaction of the court.” … A reference to said article and to the other articles of the Code, I believe, will clearly demonstrate this. Judge Hurt, in Post v. State, decided in 1881 (see, 10 Tex. Crim.

Woodard, Robert Lee

Court of Criminal Appeals of Texas · Oct 20, 2004

The appellant bears the burden of establishing that the pretrial identification procedure was impermissibly suggestive and that the in-court identification is unreliable. Delk v. State, 855 S.W.2d 700, 706 (Tex. Cr. … Only when there exists no doubt, or when the evidence clearly shows, that a witness is an accomplice witness as a matter of law is the trial judge under a duty to so instruct the jury. Blake v.

Smith, Demetrius Dewayne

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.

Celis, Mauricio Rodriguez

Court of Criminal Appeals of Texas · May 15, 2013

Sometimes Texas judges clearly would have preferred a Model Penal Code method of attaching a culpable mens rea to every element of an offense. … 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

Segundo, Juan Ramon Meza

Court of Criminal Appeals of Texas · Oct 29, 2008

Taylor was statutorily qualified to draw appellant's CODIS blood sample. Appellant offered no evidence that demonstrates her lack of qualifications. … The First Circuit noted: The distinction in status between a current and a former offender clearly translates to a change in the privacy interests at stake.

Muhammad, Naim

Court of Criminal Appeals of Texas · Nov 4, 2015

Appellant acknowledges that Stout qualified his questionnaire responses during voir dire, but he argues that Stout’s voir dire statements were not “genuine.” … Specifically, Exhibit 22 depicted bruising on the underside of Elijah’s scalp that was not clearly visible externally.

Manns, Denard

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

Ex Parte Coombs, Alias Shirley

38 Tex. Crim. 648 · Court of Criminal Appeals of Texas · Feb 23, 1898

While such courts, in a qualified sense, are a part of the judicial power of the State, they are merely incidents of municipal corporations, and they can only exercise such power as properly belongs to municipal government … Eq. 424 ): "In an examination of these sections, the first thing that attracts attention is this: that the instrument itself establishes certain courts. It does not leave that all-important work to other hands.