Case law

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."

Ex Parte Napper

322 S.W.3d 202 · Court of Criminal Appeals of Texas · Sep 29, 2010

Johnson stated that a qualified expert should have reviewed the bench notes from the HPD Crime Lab to determine whether “an error in the analysis was documented or if the data obtained were interpreted and testified to correctly … the part of the State in destroying the evidence in order to show a violation of due process. 81 This rule confines the police’s obligation to preserve evidence “to that class of cases where the interests of justice most clearly

Ruffin, Stephen D.

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

Ruffin, Stephen D.

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

CUEVAS, VICTOR HUGO v. the State of Texas

Court of Criminal Appeals of Texas · Apr 2, 2026

precludes a finding beyond a reasonable doubt of the presumed fact.”25 Thus, when the evidence conclusively establishes that the defendant was engaged in criminal activity at the time he used 22 TEX … App. 2009) (“But what criteria qualify a statement of law as being ‘applicable to the case’?

Herring Bancorp, Inc. C.C. Burgess And C. Campbell Burgess v. John Mikkelsen, Acting Solely in His Capacity as Trustee of the John Mikkelsen Trust

Court of Criminal Appeals of Texas · Nov 20, 2015

A fact may be established by direct evidence or by circumstantial evidence or both. … established..

Segundo, Juan Ramon Meza

Court of Criminal Appeals of Texas · Oct 29, 2008

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. … Taylor was statutorily qualified to draw appellant’s CODIS blood 88 The trial judge entered written findings of fact and conclusions of law concerning appellant’s motion to suppress his DNA profile.

Ransom v. State

920 S.W.2d 288 · Court of Criminal Appeals of Texas · Apr 24, 1996

This language from subsection (b) clearly does not apply to voir dire error, since voir dire error is not "made in the punishment stage" of trial. … The federal harmless error standard was established in Fahy v.

OWENS, KEVIN J. v. the State of Texas

Court of Criminal Appeals of Texas · Jun 4, 2025

Thus, it did not clearly inform the jury that it must find that, not only the appellant’s ‘sexual advances,’ but also his ‘requests for sexual favors, or other verbal or physical conduct of a sexual nature,’ must be ‘unwelcome … Elenis, 600 U.S. 570, 587 (2023) (“All manner of speech—from ‘pictures, films, paintings, drawings, and engravings,’ to ‘oral utterance and the printed word’—qualify for the First Amendment’s protections.”). 29

Derrick v. State

773 S.W.2d 271 · Court of Criminal Appeals of Texas · Mar 1, 1989

I do not mean to suggest that appellate court judges are less qualified than jurors to decide ultimate issues of guilt and innocence. … Its harmless error component is, at best, needless, and its assignment of the persuasive burden clearly wrong. We are not bound to apply it under the Texas Constitution, and should not do so.

Texas, State of v. Peterson, James

Court of Criminal Appeals of Texas · Oct 8, 2003

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

Scott, Michael

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.

Rios, Saul Ranulfo Herrera

Court of Criminal Appeals of Texas · Dec 7, 2022

regards specificity,” for preservation purposes, “all a party has to do to avoid the forfeiture of a complaint on appeal is to let the trial judge know what he wants, why he thinks himself entitled to it, and to do so clearly … certain federal constitutional errors labeled by the United States Supreme Court as ‘structural,’ no error, whether it relates to jurisdiction, voluntariness of a plea, or any other mandatory requirement, is categorically immune

Doyal, Craig

Court of Criminal Appeals of Texas · Mar 8, 2018

 Second, the law must establish clear guidelines for law enforcement. Id. … Section 551.143 is clearly overbroad.

Johnson v. State

853 S.W.2d 527 · Court of Criminal Appeals of Texas · Dec 16, 1992

While the preparatory instruction, by itself, may not focus the jury's attention on the conduct of appellant, special issue one clearly does: Was the conduct of [appellant] that caused the death of the deceased, James Hazelton … Frequently the State must offer an accomplice immunity or leniency in order to induce him to forego constitutional privileges against self-incrimination and testify.

Ballew v. State

640 S.W.2d 237 · Court of Criminal Appeals of Texas · Oct 27, 1982

Appellant contends that no predicate for discovery was established pursuant to the "use before the jury" rule, the "Gaskin" rule, or the "recollection refreshed" rule. Having decided that once Dr. … Though the rule of "recollection refreshed" fashioned by the majority to apply to every witness who uses any qualified writing to refresh his memory for the purpose of testifying strikes me as a sudden break with years of

Ex Parte McFarland

163 S.W.3d 743 · Court of Criminal Appeals of Texas · May 18, 2005

Benn — although he was clearly the sole attorney applicant wanted — was elderly and unprepared to try a capital murder case. The trial judge was caught between Scylla and Charybdis. … The careful trial court, seeing that the applicant had chosen poorly, provided him with the assistance of a qualified attorney at the public's expense.

Klein, Nicholas George

Court of Criminal Appeals of Texas · Oct 1, 2008

See Klein , 191 S.W.3d at 784 . (21) Judge Cochran's dissenting opinion claims that the complainant's out-of-court statements to Todd and Cook "could not possibly qualify as statements offered to rebut an explicit or implicit … Clearly, the defense attorney had no trouble alleging an improper influence to encourage the girl to testify consistently with her outcries.

Soria v. State

933 S.W.2d 46 · Court of Criminal Appeals of Texas · Sep 11, 1996

Grigson to establish his future dangerousness. Id. at 468 , 101 S.Ct. at 1876 (emphasis added). … He was evidently confused and unable to think clearly about the events of that afternoon or the circumstances of his interrogation, since some of his written answers were on their face not entirely coherent.