Case law

Mayo v. State

4 S.W.3d 9 · Court of Criminal Appeals of Texas · Sep 15, 1999

Article 35.16 requires that jurors be qualified to vote in the county. A “qualified voter” is, among other things, over 18 years of age and a resident of the State. … State, 947 S.W.2d 262 (Tex.Crim.App.1997)(even mandatory statutes not categorically immune from harm analysis). In § 62.102, the legislature prescribed juror qualifications.

Bennett v. State

112 Tex. Crim. 77 · Court of Criminal Appeals of Texas · Jan 30, 1929

Upon the hearing of the motion for new trial witnesses were called and based upon their testimony the court qualified the bill. … If he had been present and claimed a right to silence unless givén immunity, the power was within the court and district attorney to grant immunity and give him freedom to testify. Camron v. State, 32 Tex. Crim.

Sledge v. State

953 S.W.2d 253 · Court of Criminal Appeals of Texas · Sep 10, 1997

This is, of course, contrary to well-established law on the matter. … If we were to adopt the reasoning of the dissent, appellant would be immune from conviction.. .

Ex Parte Copeland

91 Tex. Crim. 549 · Court of Criminal Appeals of Texas · Mar 29, 1922

Cas., No. 14692 B, establishes the correctness of this principle beyond controversy. … Clearly not so. As is said in a note to McGorray v. Sutter, 24 L. R. A. (N.

Fritz v. State

946 S.W.2d 844 · Court of Criminal Appeals of Texas · Jun 11, 1997

Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986), and removed Swain’s “crippling burden” which had the effect of immunizing prosecutors from constitutional scrutiny. … Although women qualified for jury service, their inclusion was not obligatory.

Sossamon v. State

816 S.W.2d 340 · Court of Criminal Appeals of Texas · May 8, 1991

Turning to the standard established in Zani, 701 S.W.2d 249 , to determine whether an immunity agreement existed, there is no evidence to demonstrate that appellant entered into an immunity agreement with the Liberty County … Simply stated, appellant failed to establish by a preponderance of the evidence the existence of an immunity agreement with the Liberty County District Attorney.

Krause v. State

405 S.W.3d 82 · Court of Criminal Appeals of Texas · May 8, 2013

-Corpus Christi 1998, pet. ref’d) (holding that the State failed to meet its burden of establishing that the phlebotomist that took the defendant’s blood was a qualified technician because no one testified regarding *86 the … phlebotomist’s qualifications, and no other evidence was offered to establish that the blood was drawn by someone the hospital considered qualified to perform that task). . 109 S.W.3d 602 (Tex.App.

County v. State

812 S.W.2d 303 · Court of Criminal Appeals of Texas · Jul 3, 1991

The appellant has clearly asserted his right to a speedy trial. … Clearly[,] in the interest of fairness, although it was not done by a judged,] And [any] prosecutor after [can make] no good faith use of it,[.]

Bonewald v. State

157 Tex. Crim. 521 · Court of Criminal Appeals of Texas · Apr 30, 1952

Appellant having accepted the bill, as qualified, is bound thereby, and the claim of error must be determined in the light of the qualifications. … Such a privilege was first established by statute in New York in 1828.

Hughes v. State

4 S.W.3d 1 · Court of Criminal Appeals of Texas · Jun 16, 1999

And in fact, appellant’s wife was charged with that offense at the time the trial court gave her “use immunity” in exchange for her testimony at appellant’s trial. … The majority contends that, while general statements by the wife to social workers concerning her knowledge of abuse qualify as statements against interest, her statements regarding appellant’s admissions of guilt do not.

Jones v. State

76 Tex. Crim. 398 · Court of Criminal Appeals of Texas · Feb 24, 1915

Before this case was tried he filed a sworn plea setting up this promise of immunity. … The witness by his own testimony shows that he knew nothing about the situation so as to qualify himself to testify to the hypothetical question, and the answer sought was merely his conclusion.'

Ferrantello v. State

158 Tex. Crim. 471 · Court of Criminal Appeals of Texas · Oct 8, 1952

Webster defines it to mean: a grant of a special right or immunity. … There, as in the case at bar, there was no doubt in our minds that the charge clearly apprised the defendant at the bar of the accusation against him. Article 405, C. C. P.

Butcher, Charles E. Ii

Court of Criminal Appeals of Texas · Jan 28, 2015

Rather than qualify the term “safe place,” the legislature set the incentive for defendants at a reduction in the range of punishment. T EX. … The statute does not guarantee immunity from arrest or prosecution. Cf. T EX.

Ex parte Baker

127 Tex. Crim. 589 · Court of Criminal Appeals of Texas · Nov 7, 1934

agreed by the relator and the attorney representing the city that the city of Temple is a municipal corporation with a population in excess of five thousand inhabitants and is operating under a special charter adopted by the qualified … The 14th amendment of the Federal Constitution, among other things, provides as follows: “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.

Chandler v. State

60 Tex. Crim. 329 · Court of Criminal Appeals of Texas · Oct 19, 1910

Bradley establishes beyond doubt that the bones discovered and produced were the bones of a human being. … the corpus delicti clearly and satisfactorily.

Hill v. State

827 S.W.2d 860 · Court of Criminal Appeals of Texas · Jan 8, 1992

In 1890, when the Supreme Court reviewed our Carter decision the rules of law which governed the case were already “clearly established” by Supreme Court precedent. Carter, 20 S.Ct. at 689 . … The Batson Court described Swain as having placed on defendants a crippling burden of proof which had the effect of immunizing prosecutors from constitutional scrutiny. Id. at 1721.

Charles County v. State

812 S.W.2d 303 · Court of Criminal Appeals of Texas · Mar 29, 1989

The appellant has clearly asserted his right to a speedy trial. … Therefore, it must first be established that the accused has admitted doing the acts which would ordinarily constitute the gravamen of the offense.

Davis v. State

956 S.W.2d 555 · Court of Criminal Appeals of Texas · Oct 15, 1997

The Legislature may establish such other courts as it may deem necessary and prescribe the jurisdiction and organization thereof, and may conform the jurisdiction of the district and other inferior courts thereto.” … This Court has explained that a judgment is not immune from jurisdictional challenge simply because an indictment has been returned; the judge must also have authority to preside over the case. Johnson v.

Lake v. State

532 S.W.3d 408 · Court of Criminal Appeals of Texas · Feb 8, 2017

Californ ia, 18 the seminal case. establishing the federal constitutional harm standard. 19 Concluding that New York denied the defendant “the assistance of counsel that the Constitution guarantees,” the. … For even assuming that Herring established that complete denial of summation amounts to structural error, it did not clearly establish that the restriction of summation also amounts to structural error.” 25 Given the Supreme

Koll v. State

143 Tex. Crim. 104 · Court of Criminal Appeals of Texas · Nov 5, 1941

These facts were established and so certified by and as a result of a stipulation of the parties to that effect. … The power of punishment is alone through the means which the laws have provided for that purpose, and if they are ineffectual, there is an immunity from punishment, no matter how great an offender the individual may be, or