Case law

Watts v. State

61 Tex. Crim. 364 · Court of Criminal Appeals of Texas · Mar 1, 1911

Eq. is clearly in line with other cases. … The next contention of appellant is that section 170 of said Act is constitutional; that it is an unreasonable abridgement of the liberty of the citizen to contract, and an abridgement of the privileges and immunities of

Dansby, Michael Edward Sr.

398 S.W.3d 233 · Court of Criminal Appeals of Texas · May 8, 2013

And the ultimatum that is clearly reflected in Young’s progress report of June 30th to August 4th of 2009 — that the appellant submit to the sexual history polygraph or else be summarily discharged — indicates that the appellant … Without immunity, he simply may not be forced to confess to criminal behavior in any context, whether during a polygraph examination or during group therapy.

McDonald v. State

179 S.W. 880 · Court of Criminal Appeals of Texas · Oct 27, 1915

The court, in qualifying his bill on this point, states that she had lost that letter, which rendered its contents admissible. The court was correct in this. … In approving the bill, the court qualified it as follows: “This bill is approved, with the qualification that the witness Mrs.

Darland v. State

582 S.W.2d 452 · Court of Criminal Appeals of Texas · Jun 20, 1979

Clearly, alleged injury incident to a search and seizure necessarily assumes that a search and seizure was conducted. Cf. Warren v. … Furthermore, since our criminal law is to no small extent justified by the assumption of deterrence, the individual’s right to immunity from such invasion of the body as is involved in a properly safeguarded blood test is

Grunsfeld v. State

843 S.W.2d 521 · Court of Criminal Appeals of Texas · Oct 28, 1992

Hunter’s mother testified that Hunter had not previously been convicted of a felony, thus establishing his eligibility for probation. … Clearly the reference to prior criminal record, general reputation and character does not amount to a list of "limitation or exclusive enumeration”.

Ex Parte Lewis

45 Tex. Crim. 1 · Court of Criminal Appeals of Texas · Mar 25, 1903

He then traces the history of township or municipal corporations in some of the American colonies, and shows clearly that these formed the nucleus around which the patriots rallied during the American Revolution, and that … upon a protesting people to show wliere in the Constitution the power to establish it was prohibited.

Bell v. State

724 S.W.2d 780 · Court of Criminal Appeals of Texas · Mar 19, 1986

In non-capital murder cases, if the trial court erroneously grants a State’s challenge for cause and excludes a qualified juror, the defendant may establish harm simply by showing that the State exhausted all of its peremptory … Qualified jurors need not, however, be totally ignorant of the facts and issues involved.

James v. State

772 S.W.2d 84 · Court of Criminal Appeals of Texas · Apr 26, 1989

Appellant argues that this policy breaks down when extended to capital murder because the Penal Code provides no spousal immunity for homicide. … If this had occurred, the parties may have had to qualify as many as 45 11 additional jurors, wasting the weeks of effort required to qualify the first 37.

Hart v. State

581 S.W.2d 675 · Court of Criminal Appeals of Texas · Mar 28, 1979

Complainant testified that these two wounds were serious and a person who has received injuries is qualified to express an opinion on the seriousness of those injuries. Denham v. State, 574 S.W.2d 129 (1978). … While simple acquisition and possession of a weapon would, in most situations, be preparation, putting that weapon to use to inflict injuries clearly goes beyond preparation.

Patterson v. State

141 Tex. Crim. 204 · Court of Criminal Appeals of Texas · Jan 15, 1941

That appellant became offended at some casual remark of one of the women, and upon being told by Woodward that the woman was not speaking to him, the appellant withdrew to a further place in this establishment and sent a … We think this statement thus qualified is not subject to the offered objection that the district attorney told the jury that this absent witness would have, had she been present, confirmed the statements of the State’s witnesses

Wheeler v. State

61 Tex. Crim. 527 · Court of Criminal Appeals of Texas · Mar 15, 1911

The court signs the hill with this qualification: “The testimony of this witness, taken together with the testimony of Frank West, the clerk, of Gordon Boone, the district attorney, clearly established that this was the wad … The court thus qualifies the bill: “That the testimony clearly established, taken in connection with the testimony of the other witnesses in the case, that the defendant had accused the deceased of being the author of his

ALKAYYALI, TAREQ v. the State of Texas

Court of Criminal Appeals of Texas · May 7, 2025

In a nutshell, the application- paragraph allegation of “impeding the normal breathing or circulation of the blood,” when combined with the “clearly dangerous act” allegation and undisputed evidence, establishes causation … The concurrence contends that this Court should recognize a category of “structural errors” under the Texas Constitution that are immune from a harm analysis.

Ramey, Ker'sean Olajuwa

Court of Criminal Appeals of Texas · Feb 11, 2009

John Stash, was not a qualified medical examiner at the time the autopsy was performed. … Article 37.09 reads: An offense is a lesser included offense if: (1) it is established by proof of the same or less than all of the facts required to establish the commission of the offense charged

Joliff v. State

53 Tex. Crim. 61 · Court of Criminal Appeals of Texas · Jan 29, 1908

This section is as follows: “The Legislature shall at its first session enact a law whereby the qualified voters of any county, justice’s precinct, town, city (or such subdivision of a county as may be designated by the commissioners … Rep., 502 , Judge Hurt, discussing the facts of that case says: “How, when we look to all these facts, we are of the opinion that the court was clearly right in submitting the charge complained of.

Lester v. State

128 Tex. Crim. 197 · Court of Criminal Appeals of Texas · Mar 13, 1935

Upon the trial of this cause, the appellant entered a plea of guilty to the offense of theft, and the testimony offered by the State clearly established her guilt of the theft of the alleged property. … The bills as thus qualified fail to disclose any error.

Earl v. State

170 Tex. Crim. 540 · Court of Criminal Appeals of Texas · Dec 27, 1960

The evidence clearly shows a burglary of the house in question by someone. … Such confession may be used to establish appellant’s identity as the guilty party. Estes v. State, 160 Tex. Cr. R. 632 , 274 S.W. 2d 411 .

Garrett, Lonnie Lee

Court of Criminal Appeals of Texas · Apr 25, 2007

certain federal constitutional errors labeled by the United States Supreme Court as 'structural,' no error, whether it relates to jurisdiction, voluntariness of a plea, or any other mandatory requirement, is categorically immune … A permissive presumption does not place the burden on the accused to refute or disprove an elemental fact once the predicate facts have been established. Id .

Emerson v. State

880 S.W.2d 759 · Court of Criminal Appeals of Texas · Apr 13, 1994

Appellant stated that she did not remember clearly much of what occurred on the night of the collision. … Once a scientific principle is sufficiently established, a court may take judicial notice of the validity of that principle.

Johnson v. State

467 S.W.2d 247 · Court of Criminal Appeals of Texas · Apr 14, 1971

The records show that 618 prospective jurors were summoned for jury duty on the week of the trial. 195 of those were qualified as members of the panel for that week. … Mere showing that the jury panel does not exactly conform to racial percentages of the community does not establish systematic exclusion. Townsend v. Henderson, 6 Cir., 405 F.2d 324 .

Hysaw v. State

69 Tex. Crim. 562 · Court of Criminal Appeals of Texas · Mar 12, 1913

In our opinion it raised the issue and was clearly sufficient to sustain a conviction for manslaughter. … Law, where these rules are stated and authorities establishing them are collated.