Case law

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

Hatter, Sanitha Lashay

Court of Criminal Appeals of Texas · Jan 11, 2023

Therefore, a District Attorney has no authority to grant immunity without court approval, for the approval of the court is “essential” to establish immunity. … Clearly, the “conceptually” statement was made to connect the requirement of trial court approval for dismissals to grants of immunity from prosecution.

Hollingsworth v. State

78 Tex. Crim. 489 · Court of Criminal Appeals of Texas · Dec 16, 1915

We have carefully read them and the bill as qualified by the court clearly shows that no error was committed in overruling appellant's motion. … That it was written by Cassie Dunn to him, received by him and lost or destroyed, was clearly established.

Green v. State

764 S.W.2d 242 · Court of Criminal Appeals of Texas · Jan 25, 1989

Therefore, the trial judge’s inquiry was unnecessary. *246 The record also clearly indicates that the State’s challenge for cause was based on Ritz’ inability to assess the death penalty. … If, however, the prospective juror is otherwise qualified to serve the trial court has no authority to sua sponte excuse the juror.

State Ex Rel. Healey v. McMeans

884 S.W.2d 772 · Court of Criminal Appeals of Texas · Oct 5, 1994

This is so because the recognition of a “newsman’s privilege” is clearly contrary to well-settled law. … Conclusion Relator has established the prerequisites for mandamus relief. As is our custom, we will withhold issuance of the writ and accord respondent an opportunity to conform his actions to this opinion.

Ex Parte Kopecky

821 S.W.2d 957 · Court of Criminal Appeals of Texas · Jan 8, 1992

The Blockburger test does not operate, however, to trump “clearly expressed legislative intent.” 459 U.S. at 368 , 103 S.Ct. at 679 , 74 L.Ed.2d at 544 . … Simple possession of a "taxable substance” is sufficient to qualify one as a "dealer” under § 159.001(3).

Cyphers v. State

67 Tex. Crim. 504 · Court of Criminal Appeals of Texas · Jun 26, 1912

It is settled that when appellant accepts a bill, qualified by the court, he is concluded by the qualification of the judge. All of these bills are qualified by the judge. … “The defendant is presumed to be innocent until his guilt is established beyond a reasonable doubt.

Sullivan v. State

701 S.W.2d 905 · Court of Criminal Appeals of Texas · Jan 8, 1986

It is settled that when the State seeks to establish the value of an item of property through the testimony of a non-owner the witness must first be qualified as having personal knowledge of the value of the property. … We have held, however, that while fair market value must be established if the testimony concerning value is given by someone other than the owner, the owner is competent to testify as to value though he is not qualified

Krause, Robert Randall

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 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). 14. 109 S.W.3d 602 ( Tex.

Krause, Robert Randall

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 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). 14 109 S.W.3d 602 (Tex.

Perkins v. State

812 S.W.2d 326 · Court of Criminal Appeals of Texas · Jun 26, 1991

Here, pursuant to statutory authority, Shaffer was vested only with the powers, privileges, and immunities of a peace officer when he was on property under the control of or subject to the jurisdiction of Lamar University … Prom the wording of the ordinance, conducting arrests for traffic offenses committed off, and in no way connected to, city airports is clearly not within the actual course and scope of employment of a Houston airport police

Reese v. State

44 Tex. Crim. 34 · Court of Criminal Appeals of Texas · May 7, 1902

Board (sheriff), of Baylor County, all about this whole transaction before he was so promised immunity from punishment. … Then, clearly the converse of the proposition is true. If the witness was not promised immunity, this fact would go to strengthen his testimony, and to give verity to his statement.

Ex Parte Joseph

172 Tex. Crim. 355 · Court of Criminal Appeals of Texas · Feb 28, 1962

This statement by such a profound scholar would clearly outweigh the admitted dicta *793 which may be found in Ex parte Copeland, supra, and the dicta in Hughes v. … might gratify the impulse of the moment would find in the end that it had paid too high a price for relieving itself of the bother of awaiting a session of the Legislature and the enactment of a statute in accordance with established

Harris v. State

642 S.W.2d 471 · Court of Criminal Appeals of Texas · Sep 15, 1982

“It would be difficult to conceive of a situation more clearly illustrating the need for cross-examination.” 415 U.S. at 314 , 94 S.Ct. at 1109. … to be reversible error notwithstanding the fact that the record did not clearly establish the witness actually knew of the specific terms of the agreement between his attorney and the State. .

Butcher, Charles E. Ii

454 S.W.3d 13 · 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. Tex. … The statute does not guarantee immunity from arrest or prosecution. Cf. Tex.

Hall, Michael Wayne

Court of Criminal Appeals of Texas · May 5, 2004

I am unpersuaded that bragging or using big words and claiming to read classic literature establishes that appellant is not retarded. … Nor are persons with limited mental abilities immune from other human foibles, such as lying. A well-drafted motion may be the product of a skilled jailhouse writ writer.

Butler, Steven Anthony

Court of Criminal Appeals of Texas · Jun 27, 2012

either of the first two prongs at all , he had obviously failed to establish timely onset. … that he is a person suffering mental retardation and is therefore immune from execution under the Eighth Amendment.

Rodgers v. State

205 S.W.3d 525 · Court of Criminal Appeals of Texas · May 3, 2006

In the present case, the State established, on direct examination, that Mr. Jumper is a latent print examiner for the Dallas County Southwestern Institute of Forensic Sciences (SWIFS). … Jumper was qualified by knowledge, skill, training, or education under Rule 702.

Ex Parte Edone

740 S.W.2d 446 · Court of Criminal Appeals of Texas · Oct 7, 1987

Instead, the applicable law directs the court to appoint a commission of 3 to 5 qualified persons, Arts. 19.01-19.05, V.A.C. … Jennings, supra, and Miller, supra; to refuse an otherwise proper request for immunity, see e.g. V.T.C.A.

Alexander v. State

84 Tex. Crim. 75 · Court of Criminal Appeals of Texas · May 1, 1918

The extension, therefore, clearly appears to have been based on the authority of the Act of 1915. … This admission established every other material and admissible fact that could have been established by the exhibition of said whisky. Its exhibition was, therefore, not necessary to any fact to be proven.