Case law

Ex Parte Hood

304 S.W.3d 397 · Court of Criminal Appeals of Texas · Feb 24, 2010

that those same eases simply reiterated clearly established law. … dissenting opinions to explain what that "clearly established” law was.

Ex Parte Ellis

309 S.W.3d 71 · Court of Criminal Appeals of Texas · Apr 28, 2010

is clearly without merit. … A contribution with no strings attached would not qualify as such an expenditure.

Rodriguez, Michael Anthony

Court of Criminal Appeals of Texas · Mar 29, 2006

Qualifying Venirepersons The appellant asserts in his twentieth point of error that the trial court erred in denying his "motion to qualify forty-two venire persons before the exercise of peremptory strikes." … In the instant case, neither party requested that Morgan be granted immunity for his testimony.

Castillo v. State

739 S.W.2d 280 · Court of Criminal Appeals of Texas · Sep 30, 1987

Wagner is clearly distinguishable from the instant case on its facts. Appellant’s reliance is misplaced. … Lucas is clearly distinguishable.

Gonzales v. State

717 S.W.2d 355 · Court of Criminal Appeals of Texas · Jul 2, 1986

This evidence clearly raised the issue that the appellant acted in self-defense. … Within the context of all of his testimony, this fear of the victim did not amount to the terror which would qualify as “sudden passion.”

Lanford v. Fourteenth Court of Appeals

847 S.W.2d 581 · Court of Criminal Appeals of Texas · Feb 17, 1993

Lanford’s testimony at that hearing established — as both he and Holmes now agree — that Lanford did not qualify as a “retired judge” under Texas law. … Texas Constitution article 5, § l-a(6)(C) provides: The law relating to the removal, discipline, suspension, or censure of a Justice or Judge of the courts established by this Constitution or created by the Legislature as

Beard v. State

140 Tex. Crim. 127 · Court of Criminal Appeals of Texas · Oct 23, 1940

highway in said county and state, was admissible to show that there was a charge pending against Bill Kirkwood, and the subsequent *133 introduction of the judgment showing what disposition had been made of the case was clearly … admissible in evidence to establish the fact that there was a fine assessed against Bill Kirkwood upon the trial of said cause.

Davis v. State

202 S.W.3d 149 · Court of Criminal Appeals of Texas · Sep 13, 2006

The affidavit alluded to a surveillance, but did not clearly indicate where the surveillance occurred. … Clearly, there are many chemicals that are both legal and which produce a strong odor.

Morgan v. State

501 S.W.3d 84 · Court of Criminal Appeals of Texas · Sep 28, 2016

(2) To qualify as “entry without the effective consent of the owner” how much time must elapse after a victim revokes consent for her live-in boyfriend to enter her home … This third theory clearly applies to those persons with joint interest in property. Id. at 251 (citing T EX.

Richards v. State

757 S.W.2d 723 · Court of Criminal Appeals of Texas · Jun 8, 1988

The record makes it clear to me however that the Trooper is qualified, not to testify on the validity of the seat belt law, or the legal merits or demerits thereof, but, instead, is merely qualified to speak to individuals … the more qualified “expert”.

Turner v. State

614 S.W.2d 144 · Court of Criminal Appeals of Texas · Apr 15, 1981

The witness was able to see her attacker clearly. … Appellant’s next ground of error similarly asserts that said testimony was error since the State did not qualify the doctor as an expert “in determining scientific tests.”

Leech v. State

63 Tex. Crim. 339 · Court of Criminal Appeals of Texas · Jun 21, 1911

We will only give a brief summary of it so as to more clearly bring out the questions discussed and decided. … On this particular point it will be noted from the statement of the evidence above, that from the State’s theory and evidence, it was clearly established and believed by the jury, that every time the deceased began to press

Meshell v. State

739 S.W.2d 246 · Court of Criminal Appeals of Texas · Jul 1, 1987

Rather, the opinion is clearly intended to be used in a flexible manner in situations where such a statute does not exist. … Despite the grant of immunity, the defendant refused to testify.

Miller v. State

129 Tex. Crim. 166 · Court of Criminal Appeals of Texas · Apr 24, 1935

The bills are qualified to the effect that appellant had filed a plea for a suspended sentence. … Some of the bills clearly show that the argument shown therein was based upon the evidence. A careful examination of said bills leads us to the conclusion that they fail to reflect reversible error.

Vick v. State

71 Tex. Crim. 50 · Court of Criminal Appeals of Texas · Apr 2, 1913

This bill as thus qualified was accepted and filed by appellant and is the only bill presenting the matter to this court for a review. … The mere statement in the bill that it was prejudicial, without stating how or in what way, does not of itself establish any prejudice.

DeBlanc v. State

799 S.W.2d 701 · Court of Criminal Appeals of Texas · Nov 28, 1990

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. … Where there are two permissible views of the evidence, the factfinder’s choice between them cannot be clearly erroneous.”

Long v. State

120 Tex. Crim. 373 · Court of Criminal Appeals of Texas · Jun 24, 1931

It seems clear that a demonstration by an act which tends to self-incrimination is as obnoxious to the immunity guaranteed by the Constitution as one by words. See Ruling Case Law, vol. 28, p. 434, sec. 20; Moore v. … Proof by comparison only shall not be sufficient to establish the handwriting of a witness who denies his signature under oath.”

Thompson v. State

166 Tex. Crim. 18 · Court of Criminal Appeals of Texas · Oct 30, 1957

We must first determine if it has been established that the argument set forth therein was in fact made. … When the bill was submitted to the trial court, he qualified the same by stating that he refused to certify that the argument was made and that the argument was not taken down.

Williams v. State

537 S.W.2d 936 · Court of Criminal Appeals of Texas · Jun 23, 1976

Clearly, entry was made into the smaller office when appellant opened the door and entered same. We are next faced with the question of whether such office was open to the public. … Long’s testimony that he had care, custody and management of the hospital established that he had “possession of the property.”

Colone v. State

573 S.W.3d 249 · Court of Criminal Appeals of Texas · May 8, 2019

A person who is qualified to serve as a juror may establish an exemption from jury service if the person is "the primary caretaker of a person who is unable to care for himself or herself." 21 The trial court has the power … Appellant contended that Simmons was a mid-range juror in terms of being favorable towards the defendant or the State and that she was a qualified juror.