Case law

Bell v. State

62 Tex. Crim. 242 · Court of Criminal Appeals of Texas · May 3, 1911

The cases excepted do not define or qualify the offense created by the enacting clause. … Cases excepted from the Act necessarily do not define, qualify, or in any way affect the provisions of the enacting clause.

Gardner v. State

733 S.W.2d 195 · Court of Criminal Appeals of Texas · Apr 8, 1987

Clearly, any time the issue is raised by the court or any party the court may appoint experts to examine the defendant. … The record clearly shows that the order for the psychiatric examination was signed by the trial judge on September 29, 1980, one day before the examination occurred.

Gay v. State

134 Tex. Crim. 356 · Court of Criminal Appeals of Texas · Apr 20, 1938

The court qualified said bill and in his qualification states that the argument was invited by the argument of counsel for appellant, but notwithstanding, he instructed the jury not to consider it. … App. 586, this Court, speaking through Judge DAVIDSON, said: "The remarks must not only be improper, but they must be of such a nature as would be clearly calculated to prejudice the rights of the defendants.

Dalton v. State

516 S.W.2d 937 · Court of Criminal Appeals of Texas · Dec 18, 1974

Clearly the testimony was offered for the truth of the matter asserted and as such was hearsay. See generally: Salas v. State, 403 S.W.2d 440 (Tex.Cr.App.1966) ; 1 C. … “Section 2, The identity and mode of preparation of the memorandum or record in accordance with the provisions of paragraph one (1) may be proved by the testimony of the entrant, custodian or other qualified witness even

Flores v. State

904 S.W.2d 129 · Court of Criminal Appeals of Texas · Jun 28, 1995

Clearly, language ability does not equal national origin or race. … Qualified jurors must consider probation when such is a phase of the law upon which the defense is entitled to rely. See, e.g., Williams v. State, 773 S.W.2d 525, 536 (Tex.

Davis v. State

642 S.W.2d 510 · Court of Criminal Appeals of Texas · Dec 15, 1982

The statement of the prosecuting attorney was a qualified statement in that his belief was predicated upon the evidence adduced during the trial. … The evidence adduced clearly supported the argument. Alejandro v. State, 493 S.W.2d 230 (Tex.Cr.App.1973). Appellant’s ground of error is overruled. WAS THE PISTOL REAL?

Johnson v. State

49 Tex. Crim. 314 · Court of Criminal Appeals of Texas · Feb 7, 1906

The court qualifies this bill of exceptions by stating that there were credible witnesses, white and black, who would have signed as compurgators, if the facts justified such affidavit, and that he, as judge, informed both … But all the facts taken in connection with the confession, show clearly that it was a killing of deceased while he was asleep and for the purpose of robbery.

Oney v. State

145 Tex. Crim. 613 · Court of Criminal Appeals of Texas · Mar 3, 1943

The bills, as thus qualified, fail to reflect error. See 45 Tex. Jur. p. 227, sec. 314b. … He also admitted that *618 he did not stop and render any aid, which established his guilt. The jury did not assess the maximum punishment provided by law for such offense but were rather lenient with him.

Dyer v. State

96 Tex. Crim. 301 · Court of Criminal Appeals of Texas · Jan 9, 1924

Upon the doctrine of principals and co-conspirators, appellant’s guilt of the homicide is established by the evidence. If proof of express malice was necessary, the demand was met in the present case. Banks v. … His decision will be binding upon this court unless upon the facts which were before him, properly brought before this court, it shall appear that the decision was *307 clearly wrong.

Bonilla, Rosali

424 S.W.3d 528 · Court of Criminal Appeals of Texas · Mar 12, 2014

“It is now established beyond doubt that prisoners have a constitutional right of access to the courts.” Bounds, 430 U.S. at 821 , 97 S.Ct. 1491 . … An issue of first impression can sometimes qualify .for mandamus relief. Id.

Keaton v. State

41 Tex. Crim. 621 · Court of Criminal Appeals of Texas · Apr 11, 1900

It is "the established rule in this State that, although the court may err in holding a juror qualified who is not, yet, if appellant is tendered a fair and impartial jury, he can not complain, although he may have been deprived … We think the above-copied charge very clearly presents the law applicable to the facts.

Miller v. State

36 S.W.3d 503 · Court of Criminal Appeals of Texas · Jan 17, 2001

Appellant responded that “these [sic] next sequence of events clearly establish why her state of mind was what it was when she engaged in the transaction with the police officer.” … If the proponent establishes that the proffered evidence is material, Rule 401 also requires that the proponent establish the evidence is probative, i.e., the proffered evidence must tend to make the existence of the fact

Hood, Ex Parte Charles Dean

Court of Criminal Appeals of Texas · Feb 24, 2010

established law 13 U.S. … Even if we are just considering subsequent applications, a claim could easily qualify as “new” in state habeas court and yet be subject to consideration under the “unreasonable application of clearly established law” 18

Hood, Ex Parte Charles Dean

Court of Criminal Appeals of Texas · Feb 24, 2010

Even if we are just considering subsequent applications, a claim could easily qualify as "new" in state habeas court and yet be subject to consideration under the "unreasonable application of clearly established law" (18) … established law," (25) it was still true that a Penry claim could not have been "reasonably formulated" by Hood while it remained non-cognizable.

Green v. State

90 Tex. Crim. 149 · Court of Criminal Appeals of Texas · Jun 22, 1921

Such testimony would clearly make inapplicable the propositions embraced in said special charge. … The bill of exceptions presenting this matter was approved by the trial court with the' qualifying statement that the connection in which the language was used renders it admissible as shown by the statement of facts.

Cunningham v. State

73 Tex. Crim. 565 · Court of Criminal Appeals of Texas · Apr 22, 1914

He also charged the burden of proof was upon the State; that she was presumed to be innocent until her guilt was established by legal evidence beyond a reasonable doubt and in case they had a reasonable doubt as to her guilt … App., 536, said: “Whilst a court may qualify or modify an instruction which is asked so as to make it present the law as the court perceives the law to be, yet, the court is not bound to qualify or modify an illegal or erroneous

Chavez, Ex Parte Adrian

Court of Criminal Appeals of Texas · May 23, 2012

S.W.3d at 481-83. 19 See Fierro, 934 S.W.2d at 378 (Clinton, J., dissenting) (would limit cognizability of habeas review to claims that are “so fundamental to the fair operation of the system as to be 1) immune … juror could find the defendant than the not qualify as the defendant’s actual defendant guilty beyond a habeas harm “newly innocence reasonable doubt standard

Chavez, Ex Parte Adrian

Court of Criminal Appeals of Texas · May 23, 2012

convincing evidence that no rational juror could find the defendant guilty beyond a reasonable doubt ( Elizondo ) Substantially more onerous to the defendant than the habeas harm standard Yes, if the evidence would not qualify … See Fierro , 934 S.W.2d at 378 (Clinton, J., dissenting) (would limit cognizability of habeas review to claims that are "so fundamental to the fair operation of the system as to be 1) immune from procedural default, 2) not

Villarreal, David

Court of Criminal Appeals of Texas · Dec 16, 2015

Often a question arises with respect to the proper scope of a seemingly well established exception. … Sims, 134 S.Ct. 3 (2013), a civil rights case involving an issue of qualified immunity for a pursuing police officer, the Supreme Court held that Welsh did not purport to apply in the context of the so-called “hot pursuit

Frison v. State

473 S.W.2d 479 · Court of Criminal Appeals of Texas · Nov 2, 1971

State, 162 Tex.Cr.R. 66 , 282 S.W.2d 390 , is clearly misplaced, and not controlling under the circumstances here presented. … In view of all circumstances described above, clearly no error is presented.