Case law

Lagrone v. State

942 S.W.2d 602 · Court of Criminal Appeals of Texas · Feb 5, 1997

At trial, Robert Wilshire, an employee of the gun store, testified that this shotgun qualifies as a deadly weapon. … Therefore, Pamela Lloyd’s statement qualifies as nothing more than a post-crime expression of grief for the purposes of establishing the crime’s impact on a living victim — precisely the purpose of a victim impact statement

Boutwell, Chad Michael

Court of Criminal Appeals of Texas · Dec 8, 2021

On cross-examination, defense counsel established that: (1) despite Junior telling Sgt. … Keenan qualified as an expert on this topic. 13 The lack of a CV and the previous exclusion of Dr.

City of Plainview Texas, William Mull, in His Official Capacity as Chief of Police of the City of Plainview Police Department, and Ken Coughlin, Capacity as Chief of Police of the City of Plainview Police Department v. Korey Ferguson

Court of Criminal Appeals of Texas · Feb 18, 2015

—Houston [14th the grounds clearly presented by the Texas ERA.) … conclusively establishes the opposite.

Sodipo v. State

815 S.W.2d 551 · Court of Criminal Appeals of Texas · Sep 18, 1991

We do not decide today whether all “mandatory” statutes are immune to a harmless error analysis. … If the Legislature had intended to provide ten days or “reasonable time to prepare,” a violation of art. 28.10(a) would clearly be subject to a harmless error analysis.

Nobles v. State

71 Tex. Crim. 121 · Court of Criminal Appeals of Texas · May 21, 1913

Rep., 75 : "It is well settled that where the sale has been made out positively and clearly, that the introduction of other sales is not permissible as evidencé to go to the jury. … As stated above, while these expressions in the court’s charge were erroneous, it could not and did not injure appellant, because the court, by its charge, clearly ¿required the jury to believe that appellant made the sale

Fearance v. State

771 S.W.2d 486 · Court of Criminal Appeals of Texas · Dec 7, 1988

We believe that based on his answers he’s qualified.” … Appellant states this established that Harris would not be “clearly” impaired in his service as a juror.

Watson v. State

105 Tex. Crim. 152 · Court of Criminal Appeals of Texas · Mar 31, 1926

We think this testimony was clearly admissible as showing the animus of the appellant against the prosecuting witness, and the motive he had at the time of the difficulty, and in rebuttal of his contention that he was not … We regret that it becomes necessary to reverse this case on this argument, but under the well established doctrine of this state for many years we think there is no other alternative left to this court.

Hill v. State

158 Tex. Crim. 313 · Court of Criminal Appeals of Texas · Mar 4, 1953

Insofar as it established an evidentiary fact, such chart was clearly hearsay. … Proof by a witness who was qualified to calculate and translate the reading of the machine into the percentage of alcohol in the blood; that is, one who could eliminate the hearsay evidence mentioned earlier.

Clark v. State

665 S.W.2d 476 · Court of Criminal Appeals of Texas · Feb 15, 1984

A plaintiff who engages in some conduct that is clearly proscribed cannot complain of the vagueness of the law as applied to the conduct of others. … The testimony of Reichstein and Fisher established all of the elements clearly except the third, “utilizing instrumentation.”

Love v. State

68 Tex. Crim. 228 · Court of Criminal Appeals of Texas · Oct 16, 1912

Then, that in all criminal cases the burden of proof is on the State, the defendant is presumed to be innocent until his guilt is established by legal evidence beyond a reasonable doubt, and if they have a reasonable doubt … This much of that special charge was clearly and substantially covered by the' court’s charge.

Potier v. State

68 S.W.3d 657 · Court of Criminal Appeals of Texas · Feb 13, 2002

Because this evidence was critical to her ability to defend against the charge, we hold that the exclusion of this evidence violated petitioner’s clearly established constitutional right to due process of law — the right … Cases interpreting federal rules should be construed for guidance with regard to Texas Evidence Rules, unless the Texas rule clearly departs from its federal counterpart”). 29 .

Williams v. State

167 Tex. Crim. 503 · Court of Criminal Appeals of Texas · Apr 30, 1958

. *504 The evidence clearly established that appellant, a 27 year old Negro, barricaded a road which a 16-year-old white girl traveled nightly in going to her home after leaving the cafe where she was employed as a waitress … This was shown, but there was no proof as to the number of qualified grand jurors in the county or among the Negro citizens.

Bailey, Cameron O.

Court of Criminal Appeals of Texas · Sep 20, 2006

as securities under the Texas Securities Act is clearly separate from whether the trial judge in this case, in response to the agreement of the parties, erred in deciding that the CDs in question were securities as a matter … The judgment of the court of appeals is reversed, and the case is remanded for resolution of whether the CDs in the instant case qualify as securities under the Texas Securities Act as a matter of law. Meyers, J.

Mayhew v. State

69 Tex. Crim. 187 · Court of Criminal Appeals of Texas · Jan 22, 1913

The court in allowing this bill qualified it by stating that such testimony was clearly no part of the res gestae; that the witness testified that he received a call to attend the deceased, who was dead when he reached him … The appellant, accepting this bill thus qualified, is bound thereby.

Ice v. State

84 Tex. Crim. 418 · Court of Criminal Appeals of Texas · Jan 15, 1919

As explained and qualified hy the court all this testimony was admissible for the purpose of establishing that said Jim Ice, in whose case Zeb Ice was testifying, had seduced her. … The evidence as a whole clearly establishes appellant’s guilt. In fact, all of the allegations in the indictment were completely proven by the necessary proof as required by the statute. The judgment is affirmed.

Sloan v. State

809 S.W.2d 224 · Court of Criminal Appeals of Texas · Apr 24, 1991

The Court of Appeals wrote: "[Appellant] argues that he established a prima facie case of racial discrimination. … The Court, however, broke away from prior holdings to alter the manner in which an aggrieved party may establish the discriminatory use of peremptory strikes.

Mann v. State

718 S.W.2d 741 · Court of Criminal Appeals of Texas · Oct 22, 1986

Clearly, propositions (1) and (3) cannot coexist. Either the oath and abstention are compatible, as posited in (1), or they are incompatible, as *751 presented in (3). … Estelle, no Wither- spoon-approved basis for exclusion of the [four] prospective jurors can be established.

Farris v. State

64 Tex. Crim. 524 · Court of Criminal Appeals of Texas · Jan 17, 1912

In the sixth he charged that the defendant is presumed to be •innocent until his guilt is established by legal evidence beyond a reasonable doubt, and if they have a reasonable doubt to acquit him. … The evidence clearly establishes and the jury believed therefrom, as shown by their verdict, that the pistol was not so broken or out of repair that it could not be fired. This court in Smith v. State, 96 S. W.

Stapleton v. State

868 S.W.2d 781 · Court of Criminal Appeals of Texas · Oct 27, 1993

State, supra, n. 2 ante, he asserted the State failed to “establish the predicate for the business records exception because there was no testimony that the information was transmitted by a person with personal knowledge, … It is clear that the rules of criminal evidence now govern criminal proceedings in our courts except where otherwise provided; just as clearly the rules have hierarchical governance above the common law, although where possible

Wallace v. State

65 Tex. Crim. 654 · Court of Criminal Appeals of Texas · Mar 27, 1912

The evidence clearly shows the above facts by the different witnesses. There seems to be as much variance in the testimony, almost as the number of witnesses. … The court excluded this and qualified the bill by stating that George Henry Scruggs had testified that he was not drunk at the time of the homicide, which occurred about midnight, and had further testified that he was not