Case law

Tyra v. State

897 S.W.2d 796 · Court of Criminal Appeals of Texas · Apr 26, 1995

The Fort Worth Court of Appeals rejected this argument, holding that an object need not be used as a weapon to qualify as one and that any use of an object, whether intentional or not, in such a manner as to cause serious … State, supra, at 859-860: "(stating that a `motor vehicle, in the manner of its use or intended use, is clearly capable of causing death or serious bodily injury and therefore can be a deadly weapon,' but declining to comment

Bradley Leroy Thompson v. State

Court of Criminal Appeals of Texas · Jun 4, 2015

The State Supreme Court affirmed, establishing as a bright-line prerequisite for consensual interrogation under these circumstances the requirement that an officer clearly state when a citizen validly detained for a traffic … The court’s opinion further reasoned that the evidence regarding Peavy’s [*494] training, experience, and his duties enforcing traffic laws qualified him ″to make a judgment as to whether, [**12] ’considering the speed of

Carter v. State

717 S.W.2d 60 · Court of Criminal Appeals of Texas · Sep 17, 1986

MECK (Appellant’s Counsel): She’s qualified, Your Honor, and I’ll pass her back.” The prosecutor then explained she had contradicted herself and she responded, “I know. I’m all confused.” … Appellant then submitted Harding was qualified. The Court again interrogated: “Q. ...

Jenkins v. State

912 S.W.2d 793 · Court of Criminal Appeals of Texas · Oct 11, 1995

On this record, we hold appellant’s objections that the “proper predicate” and “reliability” had not been established failed to clearly present any Cole error to the trial court. See Tex.R.App.Proc. 52(a). … Appellant’s motion and his objections set out in our discussion of point of error seven did not clearly and specifically request a Rule 705(b) hearing. See Tex.R.App.Proe. 52(a).

Drake v. State

686 S.W.2d 935 · Court of Criminal Appeals of Texas · Feb 27, 1985

Understandably, then, rarely has Boren been relied on for establishing Mr. Bishop's dictum; but see Thomas v. State, 621 S.W.2d 158, 162 (Tex.Cr. App.1981). [8] Compare Clark v. … Therefore, it is established doctrine that more than one offense may be committed by man in one transaction." Whitford v.

Runnels, Travis Trevino

Court of Criminal Appeals of Texas · Sep 12, 2007

The reason itself was clearly race-neutral, passing step two. With respect to step three, appellant provided no evidence to suggest that the reason was a mere pretext for discrimination. … And do you remember -- do you remember the attorneys qualified you on your ability to hold the State to its burden of proof? A. Exactly. Q. All right.

Klein, Nicholas George

Court of Criminal Appeals of Texas · Oct 1, 2008

252 S.W.3d 336, 340 (Tex.Cr.App. 2008), Judge Price’s concurring and dissenting opinion claims that there was no procedural default by appellant essentially because his objection put the State on notice that it had to establish … Clearly, the defense attorney had no trouble alleging an improper influence to encourage the girl to testify consistently with her outcries.

Dale Roush, Individually and as Trustee of the Dale Roush Assets Trust v. Metropolitan Life Insurance Company and Joel Hart

Court of Criminal Appeals of Texas · Mar 23, 2018

The trial court clearly abused its discretion in dismissing the case for want of prosecution, and in dismissing the matter while Appellant was clearly prosecuting its claim and stood ready for trial. B. … "gambling proceeds" were not qualified by the adjective "alleged."

Belyeu v. State

791 S.W.2d 66 · Court of Criminal Appeals of Texas · Sep 27, 1989

Apparently during this waiting period (the record does not clearly develop this point), appellant and Moore returned to the trailer, left in the truck for a short while and then again returned to the trailer. … State, supra, wrought by established error in the court's charge.

Karen Lindsey Smith v. Terry P. Province

Court of Criminal Appeals of Texas · Mar 23, 2018

Province's indifference to the public's safety is clearly shown by his actions following the Attack. … cannot establish that Defendant was grossly negligent.

Love, Kristopher

Court of Criminal Appeals of Texas · Apr 14, 2021

The challenger bears the burden of establishing that the challenge is proper. Id. … Rule 803(24) establishes a two-step foundation requirement for admissibility.

Walker, Shelley

Court of Criminal Appeals of Texas · Oct 19, 2016

Wolf to qualify the opinion he had provided on direct examination. Defense counsel asked Dr. … A properly authenticated surveillance videotape of the event clearly shows that B committed the robbery. But, the jury convicts A.

Petetan, US Carnell Jr. A/K/A Carnell Petetan, Jr.

Court of Criminal Appeals of Texas · May 12, 2021

The intelligence  Petetan Opinion On Rehearing — 6 tests for both children and adults were qualified for sixteen-year-olds, and Appellant took both tests. … We therefore conclude that the jury’s rejection of Appellant’s intellectual disability claim was clearly wrong and manifestly unjust.

Hall, Michael Wayne

Court of Criminal Appeals of Texas · May 5, 2004

He concluded: "My review of this case does not clearly indicate that Michael Hall is mentally retarded." In response to Dr. Church's affidavit, Dr. … App. 1996)(on habeas, newly discovered evidence must unquestionably establish innocence) and Wallace v. State , 106 S.W.3d 103, 108 (Tex. Crim.

Brownlow, Charles E., Jr.

Court of Criminal Appeals of Texas · Feb 12, 2020

Brownlow - 16 required to establish the commission of the charged offense). … He also admitted that he did not know if the person who administered the Beta-III was qualified to do so.

Napper, Ex Parte Lawrence James

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 … 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

Nelson, Steven Lawayne

Court of Criminal Appeals of Texas · Apr 15, 2015

Members of the general jury panel are qualified as to their ability to serve on a jury and excuses from service are heard. … This questioning established that Nixon and appellant “were on and off dating” for two years. Nixon acknowledged that he and appellant were “very close.”

Petetan, US Carnell Jr. A/K/A Carnell Petetan, Jr.

Court of Criminal Appeals of Texas · Mar 8, 2017

App. 2014) (“[T]he proponent ordinarily has the burden of establishing the admissibility of the proffered evidence.”). See also Cathleen C. … Parsons, 541 So. 2d 447, 452 (Miss. 1989) (The rule against advocate- witnesses “is not an immunity from testifying by the advocate witness, but it is a limitation on advocacy.”). 140 See Alberni v.

Tonya Parks and Parks Realty Firm, LLC v. Affiliated Bank, Affiliated Bank FSB, Affiliated Bank, Inc., Bancaffiliated, Inc., Joshua Campbell, Katherine Campbell

Court of Criminal Appeals of Texas · Jun 7, 2018

(1) A judge who receives information clearly establishing that another judge has committed a violation of this Code should take appropriate.action. … (2) A judge who receives information clearly establishing that a lawyer has committed a violation of the Texas Disciplinary Rules of Professional Conduct should take appropriate action.

Jernigan v. State

589 S.W.2d 681 · Court of Criminal Appeals of Texas · Jun 20, 1979

As well as incorporators, the same three were constituted the initial board of directors to serve until the first annual meeting of shareholders or until successors were elected and qualified. Carl A. … On a date not clearly revealed in the record but believed by him to have been soon after the start of the furniture business in Port Arthur, Attorney Parker drew a lease of the building from appellant to either Calvin W.