Case law

Shaw v. State

243 S.W.3d 647 · Court of Criminal Appeals of Texas · Oct 31, 2007

Because the record contains insufficient evidence to establish the defense as so construed, we will affirm the judgment of the court of appeals. … Appellant testified that she administered CPR as instructed by the 911 operator, an action that clearly falls under "emergency medical care."

Rodriguez, Rosendo, Iii

Court of Criminal Appeals of Texas · Mar 16, 2011

[Defense]: The Court is aware of cases where the opinion of the Appeals Court is that you have to ask that question to see if they’re qualified to serve in this case. … We have repeatedly held that the instructions in the current capital sentencing statute allow the jury to give meaningful consideration and effect to mitigating evidence in accordance with clearly established federal law

Rodriguez, Rosendo, Iii

Court of Criminal Appeals of Texas · Mar 16, 2011

[Defense]: The Court is aware of cases where the opinion of the Appeals Court is that you have to ask that question to see if they're qualified to serve in this case. … We have repeatedly held that the instructions in the current capital sentencing statute allow the jury to give meaningful consideration and effect to mitigating evidence in accordance with clearly established federal law.

Moody v. State

827 S.W.2d 875 · Court of Criminal Appeals of Texas · Jan 15, 1992

Clearly, venire-member Deatherage did not indicate that he had any bias or prejudice against properly considering each of the Special Issues separately. … There is sufficient evidence in the record to support the trial court’s implied finding that Deatherage was a qualified prospective juror. Johnson v. State, 773 S.W.2d 322, 327 (Tex.Cr.App.1989).

Espada, Noah

Court of Criminal Appeals of Texas · Nov 5, 2008

Molina explained was necessary to clearly show the damage the bullet did to Scott’s brain. Because Dr. … That the prejudicial effect of the testimony clearly outweighs the probative value. And I don’t believe it’s relevant at this point.

Guzman v. State

955 S.W.2d 85 · Court of Criminal Appeals of Texas · Sep 24, 1997

While this principle is well-established, the Court failed to appreciate the definition of probable cause. … Clearly, they had reasonable cause to approach appellant and to stop and frisk him. Amores, supra; Alabama v. White, supra ; Woodward v.

Velez, Manuel

Court of Criminal Appeals of Texas · Jun 13, 2012

to establish guilt. … To assist us in this determination, the record must clearly and affirmatively reflect the trial court’s reasoning. Id.

Velez, Manuel

Court of Criminal Appeals of Texas · Jun 13, 2012

Direct and circumstantial evidence are treated equally: Circumstantial evidence is as probative as direct evidence in establishing the guilt of an actor, and circumstantial evidence alone can be sufficient to establish guilt … Farley explained was necessary to clearly show the bruising damage to Angel's head. Because Dr.

Saldano v. State

70 S.W.3d 873 · Court of Criminal Appeals of Texas · Mar 13, 2002

attorneys, criminal district attorneys, and district attorneys, under the regulation of the legislature: A County Attorney, for counties in which there is not a resident Criminal District Attorney, shall be elected by the qualified … We agree with the lower court that this language clearly does not contemplate a forfeiture of the statutory right from a mere failure to object at trial. 65 Absolute, systemic requirements were said to include jurisdiction

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. … Mays Page 47 if he established error and that error caused egregious harm.122 He has failed to show either error or egregious harm.

Gordon v. State

801 S.W.2d 899 · Court of Criminal Appeals of Texas · Dec 12, 1990

City of Tampa, 407 U.S. 345 , 92 S.Ct. 2119 , 32 L.Ed.2d 783 (1972) [no distinction drawn between felony and misdemeanor cases with regard to Whiteley rule where municipal court clerks authorized to issue warrants qualified … The Court expressly chose not to rule on the validity of this authority, but that section of the statute clearly demonstrates Congress's intent to aid in the discovery of contraband by liberalizing the usual threshold requirements

Thuesen, John

Court of Criminal Appeals of Texas · Feb 26, 2014

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 … Rachel always won at the district level, and they would go on to a regional qualifier meet and then to the State qualifier meet.

Wilkerson v. State

881 S.W.2d 321 · Court of Criminal Appeals of Texas · Mar 23, 1994

[T]he instant murder case was clearly senseless and unnecessary as most murders committed in the course of a robbery are. … State ... relied on by the State, where various prior convictions clearly demonstrated a probability of a continuing threat to society. Id. at 603 .

Barnes v. State

75 Tex. Crim. 188 · Court of Criminal Appeals of Texas · Mar 11, 1914

The Act in question reads: "In all counties, justice precincts, towns, cities or other subdivisions of a county where the qualified voters thereof have by a majority vote determined that the sale or intoxicating liquors shall … When the subject is once clearly ascertained and its general intent, a key is found to all its intricacies — general words may be restrained to it, and those of narrower import may be expanded to emgrace it to effectuate

KITCHENS, WILLIAM TRAVIS v. the State of Texas

Court of Criminal Appeals of Texas · Sep 3, 2025

We address later whether various statements made by defense counsel caused the prosecutor’s argument about prejudice to qualify as an “answer to an argument of opposing counsel.” … Clearly, it is improper to invite the jury to speculate on the existence of evidence not presented.”); see also Ex parte Scott, 541 S.W.3d 104, 123 (Tex. Crim.

KITCHENS, WILLIAM TRAVIS v. the State of Texas

Court of Criminal Appeals of Texas · Sep 3, 2025

We address later whether various statements made by defense counsel caused the prosecutor’s argument about prejudice to qualify as an “answer to an argument of opposing counsel.” … Clearly, it is improper to invite the jury to speculate on the existence of evidence not presented.”); see also Ex parte Scott, 541 S.W.3d 104, 123 (Tex. Crim.

Brown v. State

74 Tex. Crim. 356 · Court of Criminal Appeals of Texas · May 28, 1913

That is, the rule announced in those cases has been qualified and very much modified by recent decisions, and is not the rule which now obtains. (Dubose v. The State, 10 Texas Crim. App., 230; Hart v. … In that case it is clearly shown that all this testimony was clearly admissible, and admissible solely for the purpose of discrediting or supporting the testimony of the witness Lloyd Brown, but it is insisted that it is

Jones, Quintin Phillippe AKA Jones, Quinton

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.

Williams, Clifton

Court of Criminal Appeals of Texas · Nov 26, 2008

Appellant claims on appeal that the evidence “clearly shows that [he] is mentally retarded.” … Appellant’s social security records (part of defense exhibit 8) do not clearly reflect the basis upon which appellant was awarded social security disability benefits.

Williams, Clifton

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."