Case law

Johnson v. State

982 S.W.2d 403 · Court of Criminal Appeals of Texas · Oct 7, 1998

State, 542 S.W.2d at 862 , for either a defendant found guilty as a principal or a defendant found guilty as a party, is biased against the law as established by the Legislature. … "Qualified prospective jurors must be willing to consider the full range of punishment applicable to the offense submitted for their consideration." Banda v.

PARKER, TAYLOR RENE v. the State of Texas

Court of Criminal Appeals of Texas · Nov 6, 2025

Proctor testified that he did not see any evidence of mental disease or defect that would qualify as  PARKER — 70 something that he would include in his report … had, and, in particular, the pathological lying and manipulativeness are clearly established.

Ex Parte Dotson

76 S.W.3d 393 · Court of Criminal Appeals of Texas · Jun 5, 2002

Clearly, the claimed contemptuous act, failing to answer a subpoena and appear in court, did not occur in the presence of the court. … We found that a statutory method for providing closed-circuit televised testimony did not preclude the use of closed-circuit television for witnesses who did not qualify under the statute, that a statute authorizing a trial

in Re Mark Eugene Engle

Court of Criminal Appeals of Texas · Jul 6, 2015

Exhibit E A^c'ase history of Jane Doe revealing a Warrant for her arrest to suggest entrapment for immunity even though the Search Warrant (RRvol.22 Joint Exhibit2) is facially invalid. … The Court uas clearly on a fishing expedition to gain a conviction. This Honorable Court can review the proceeding had under Writ 07259.

Leavelle Franklin v. State

Court of Criminal Appeals of Texas · Jan 23, 2015

Once the opponent of hearsay makes the proper objection, the burden shifts to the proponent of the evidence to establish an exception to the hearsay rule that would permit the admissibility of the evidence despite the … Harm Analysis The girls’ CAC interviews are clearly inconsistent with (1) the SANE reports, (2) the outcry witnesses, and (3) the girls’ trial testimony.

in the Matter of the Marriage of Kerry Bryon Noble and Gayla Renea Noble

Court of Criminal Appeals of Texas · Sep 12, 2016

This happens when the lay testimony establishes a sequence of events providing a “strong, logically traceable connection between the event and the condition” complained of. Morgan v. … Well, the evidence was clearly stated that 8 there was bruising and a laceration on her head. 9 Q. Okay. 10 A.

Ex Parte Duffy

607 S.W.2d 507 · Court of Criminal Appeals of Texas · Oct 1, 1980

“Where the record of a state trial reveals a deliberate bypass clearly and beyond doubt, an evidentiary hearing in the federal courts as to whether there was a deliberate bypass is not required.” … The State ruefully remarks, “The fact that the witness did not testify exactly as anticipated by petitioner’s counsel did not establish ineffective assistance of counsel.”

Martinez v. State

924 S.W.2d 693 · Court of Criminal Appeals of Texas · May 22, 1996

Appellant's youth, his intoxication and his fear of Wortmann establish that appellant was acting under the influence or duress of Wortmann. … Clearly the facts of this brutal and heinous offense are sufficient in and of themselves to justify the jury's affirmative answer to the second special issue. Id. at 462. In Willis v.

Barnett v. State

42 Tex. Crim. 302 · Court of Criminal Appeals of Texas · Nov 28, 1900

His trial must proceed according to established procedure, consisting of rules of pleading and practice. … This article, as it then stood, having been enacted at the same time of the enactment of the eight preceding articles, was clearly constitutional, because so far from limiting the right of the citizen, it gave him the mode

State Ex Rel. Watkins v. CREUZOT

352 S.W.3d 493 · Court of Criminal Appeals of Texas · Jul 27, 2011

investigate and initiate the charges against him prejudiced his ability to mount an effective defense, in violation of his rights under the Due Process Clause of the Fourteenth Amendment. [8] The United States Supreme Court has clearly … ("The Equal Protection Clause guarantees the defendant that the State will not exclude members of his race from the jury venire on account of race, or on the false assumption that members of his race as a group are not qualified

Napper, Ex Parte Lawrence James

Court of Criminal Appeals of Texas · Sep 29, 2010

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 A to that class of cases where the interests of justice most clearly … The court also pointed to Greenlee = s strategy of cross-examining the crime scene officer, Verbitskey, to show that he was not qualified to collect the swabs from the victim = s cheek and may have exposed the evidence to

Davis, Franklin

Court of Criminal Appeals of Texas · Nov 2, 2016

DAVIS—33 We review the evidence in the light most favorable to the trial judge’s ruling and will uphold the ruling unless it is clearly erroneous. … Many of Gray’s statements are not clearly audible or intelligible.

Hernandez v. State

556 S.W.3d 308 · Court of Criminal Appeals of Texas · Oct 18, 2017

The Court of Appeals held the evidence to be legally insufficient to establish the deadly-weapon element of the offense, reformed the judgment to reflect a conviction for the lesser-included offense of simple assault, and … According to it, the September 30 statement did not qualify as an "ancillary proceeding," but his recantation at the October 21 hearing did. Id. at 105 .

Nancy Elizabeth Bowman v. Jerry Davidson and Diana Davidson

Court of Criminal Appeals of Texas · Mar 19, 2015

A jury having been previously dexnanded, a jury consisting oftwelve qualified jurors was duly impaneled and sworn, and the case proceeded to trial. … It was clearly shown by other com- ite side of the street from the residence of the de- petent testimony in the case that the plaintiff Mrs.

Hawkins v. State

613 S.W.2d 720 · Court of Criminal Appeals of Texas · Jan 14, 1981

the opinion in this case on original submission, this Court granted a motion of appellant for leave to proceed pro se in our Cause No. 65,000 4 after a hearing in the trial court, ordered by the Court for that purpose, established … Thus, more than a month before the trial began that present competency was not an issue in the case was clearly ruled and understood. 14 As made clear in the opinion on original submission, the matter of .appellant representing

Schalk v. State

823 S.W.2d 633 · Court of Criminal Appeals of Texas · Oct 2, 1991

A literal reading of 31.05(a)(4) indicates that the above corporate actions and policies would qualify as “measures” under the statute, i.e., such that “the owner has taken measures to prevent from becoming available to persons … Clearly, the contractual agreements that appellants made with TI gave appellants ample notice that their employment would be directed towards proprietary and trade secret information.

Casey Austin Jones v. State

Court of Criminal Appeals of Texas · Dec 21, 2015

PROC., establishes an equivalence between time on house arrest with an electronic monitor and time spent in jail. … However, that is not without its limits, and some deception is clearly not countenanced by the courts. See, Lynumn v.

Reed, Rodney

Court of Criminal Appeals of Texas · Jun 28, 2023

In terms of proving Fennell’s guilt (and thus Reed’s innocence), that is clearly not nothing. … To establish falsity, the record must contain some credible evidence that clearly undermines the evidence adduced at trial, thereby demonstrating that the challenged testimony was, in fact, false. See id.

Reed, Rodney

Court of Criminal Appeals of Texas · Jun 28, 2023

In terms of proving Fennell’s guilt (and thus Reed’s innocence), that is clearly not nothing. … To establish falsity, the record must contain some credible evidence that clearly undermines the evidence adduced at trial, thereby demonstrating that the challenged testimony was, in fact, false. See id.

in Re Kenneth Vern Gibbs and Candace Gibbs Walton

Court of Criminal Appeals of Texas · Jan 12, 2015

Clearly Pentex was established to benefit Albert, and only Albert. 22. Use of the Organization. … Once established. Albert exercised control over Pentex.