Case law

Marascio, Eric Reed

Court of Criminal Appeals of Texas · Oct 7, 2015

those that carry special significance, only to further distill them into waivable-only rights and absolute rights and prohibitions.34 Marin was a reaction to the frequent labeling of errors as “fundamental” that were immune … By holding that double-jeopardy rights are immune to procedural default, double-jeopardy claims will always be available on appeal in the absence of an express waiver regardless of whether trial counsel preserves for appeal

Lane v. State

69 Tex. Crim. 65 · Court of Criminal Appeals of Texas · Jan 8, 1913

The court, in approving the bill, said: “Allowed in connection with statement of facts and as therein qualified and explained.” … The proof on this point clearly shows that the stolen money was community property of the said husband and wife, but it also clearly shows that the husband had turned it over to his wife and put it in her custody, and that

Davidson v. State

602 S.W.2d 272 · Court of Criminal Appeals of Texas · Jul 16, 1980

It can qualify as a deadly weapon by showing the manner of its use, its size and shape, and its capacity to produce death or serious bodily injury. Denham v. State, 574 S.W.2d 129 (Tex.Cr.App.1978); McElroy v. … The facts in the present case are clearly distinguishable from those in Hubbard, Hart, Cruz, Williams, Denham, and Limuel , and are analogous to those in Alvarez . In the present case Coleman suffered no wounds.

Woodard v. State

463 S.W.2d 197 · Court of Criminal Appeals of Texas · Feb 17, 1971

It is contended that a jury qualified for the death penalty is one which is more apt to convict, and therefore appellant was denied his constitutional right of due process. … In the case at bar, the State did not seek to establish the appellant’s guilt by circumstances but by eye-witnesses.”

Ex Parte Broussard

74 Tex. Crim. 333 · Court of Criminal Appeals of Texas · Dec 3, 1913

It shall be unlawful hereafter for any person, corporation or association of persons to establish or maintain any slaughter house, bone boiler or soap making establishment, in the City of Beaumont, or any brick yards, livery … keep his stable in a filthy condition, and another had established a reputation for good order and cleanliness.

State Ex Rel. Eidson v. Edwards

793 S.W.2d 1 · Court of Criminal Appeals of Texas · Jun 27, 1990

District Attorneys shall hold office for four years, and until their successors have qualified. Relying on Tex. Const. … Contrary to the charge of our dissenting brother, we are not in any way saying that Texas prosecutors are immune from the Code of Professional Responsibility.

Sanchez v. State

209 S.W.3d 117 · Court of Criminal Appeals of Texas · Dec 13, 2006

State. 26 UNASSIGNED ERROR Shortly after the courts of appeals acquired criminal appellate jurisdiction in Texas, it was established in Carter v. … Thus, the parties clearly joined issue, inter alia, on the elemental questions of whether the verbal sexual conduct was unwelcome, and whether the appellant knew it was unwelcome.

Reynolds v. State

71 Tex. Crim. 454 · Court of Criminal Appeals of Texas · Oct 22, 1913

It is unnecessary to state the testimony tending to establish the venue. Upon a careful consideration of all of it, we think the evidence established the venue as laid. … The testimony tends strongly to show that when the cattle were taken out of the pasture at the time they were stolen they were driven out of a gate which was clearly shown to have been in Shackelford County and not in Stephens

Pollard v. State

58 Tex. Crim. 299 · Court of Criminal Appeals of Texas · Jan 19, 1910

All of them testified that in the selection of the grand jury and special venire they had endeavored, without discrimination on account of race or color, to secure men competent and qualified under the law. … Thus, when the fact of an unlawful killing is established, and the facts do not establish express malice beyond a reasonable doubt, nor tend to mitigate, excuse or justify the act, then the law implies malice, and the killing

Nelson v. State

765 S.W.2d 401 · Court of Criminal Appeals of Texas · Jan 25, 1989

To me, the former statement appears to be a qualified statement, without stating what the qualifications are, whereas the latter does not have any qualifications. … State, 719 S.W.2d 205, 209-211 (Tex.Cr.App.1986), which discusses the many, many ways that the State may establish a defendant's prior criminal record.

Hunter v. State

112 Tex. Crim. 590 · Court of Criminal Appeals of Texas · May 29, 1929

The Court qualified this bill to show that upon objection he orally instructed the jury to disregard this and that there was no request made for a written instruction on same. … The verdict of the jury, however, assessed the lowest penalty and was in our opinion clearly in response to the evidence, which seems entirely sufficient.

Adams v. State

114 Tex. Crim. 494 · Court of Criminal Appeals of Texas · Nov 20, 1929

It seems plain that the facts averred to excuse non-compliance with the statute are clearly insufficient. … Other bills of exception have been qualified by the Court and such qualifications acquiesced in by appellant.

Whiddon v. State

492 S.W.2d 566 · Court of Criminal Appeals of Texas · Apr 11, 1973

The record clearly shows that the confession of appellant did not meet the re- ' quirements of Article 38.22, Easley v. State, Tex.Cr.App., 493 S.W.2d 199 , delivered March 14, 1973; Garner v. … This deterrence function, the Court concluded, should not be used to immunize or ‘shield’ a defendant-witness from the ‘traditional truth-testing devices of the adversary process.’ 91 S.Ct. at 645-646 .”

Marin, Ex Parte Dianna

Court of Criminal Appeals of Texas · Apr 2, 2008

Since the alleged lesser-included offense fails to qualify as such in the "initial inquiry," Day , 532 S.W.2d at 304, we need not proceed to the next step of the analysis. … qualified as such in the first step of our analysis.

Marin, Ex Parte Dianna

Court of Criminal Appeals of Texas · Apr 2, 2008

Since the alleged lesser-included offense fails to qualify as such in the “initial inquiry,” Day, 532 S.W.2d at 304, we need not proceed to the next step of the analysis. … qualified as such in the first step of our analysis.

Flores v. State

716 S.W.2d 505 · Court of Criminal Appeals of Texas · Sep 17, 1986

Retractability of the blade will not suffice, in and of itself, to qualify a knife as a “switchblade knife” under the statute. … Either subpart (A) or (B) must also be established by competent and sufficient evidence, which is not present in this cause.

Harrison v. State

69 Tex. Crim. 291 · Court of Criminal Appeals of Texas · Nov 27, 1912

Not one of these bills is prepared in accordance with the well established and uniformly enforced rules of this court. … Clearly, in our opinion, the main features of their testimony to the effect that he applied to them to procure this $200 and did procure it from them was admissible.

Grooms v. State

40 Tex. Crim. 319 · Court of Criminal Appeals of Texas · Mar 22, 1899

The proof showed very clearly that they were separate and distinct transactions. … Furthermore, the insistence of appellant that Gross, Walsh, and Walling did not qualify as experts in regard to the handwriting of appellant is equally without foundation.

Kendrick v. State

101 Tex. Crim. 158 · Court of Criminal Appeals of Texas · Jun 24, 1925

The court in qualifying said bill states that it was admitted for the purpose of impeaching the credibility of Butler and showing his interest in the case. … The court qualifies said bill by stating that it was admitted on the question of flight.

Richardson v. State

744 S.W.2d 65 · Court of Criminal Appeals of Texas · Oct 28, 1987

The evidence elicited relative to this issue, as summarized above, clearly reflects that the appellant failed to prove, as a matter of law, all of the elements required by Oklahoma to establish a common-law marriage. … The record reflects, however, that this fact was clearly established in the record by the testimony of the State’s witnesses.