Case law

Price, Jimmy Don

Court of Criminal Appeals of Texas · Jun 25, 2014

This Court held that a defendant's sentence for an attempted offense did not qualify as a stackable offense. Id . at 350-51. … purposes of establishing the offense of continuous sexual abuse the attempt offenses of those completed offenses?

Green, Gary David

Court of Criminal Appeals of Texas · May 28, 2025

“[M]andamus relief is available only when the relator can establish two things: first, that no other adequate remedy at law is available; and second, that the … Section 74.053(d) clearly allows the process of both the appointment and removal of habeas judges of which Relator now complains.

McCravy v. State

642 S.W.2d 450 · Court of Criminal Appeals of Texas · Dec 8, 1982

Though clearly an “act,” “climbing to the roof” equally clearly is not an act which tends to effect an “intrusion” or “entry” to the building. … See § 1.07(a)(1) for definition of “act.” .We do not disturb the direct holding of Green — that the omission of the acts constituting the attempt does not render the indictment fundamentally defective — but we do qualify

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

Flores, Jeremiah Rene

Court of Criminal Appeals of Texas · Sep 11, 2024

has alleged the existence of collateral consequences “sufficient to establish ‘confinement’ so as to trigger application of art. 11.07.” … It was the complete lack of illicit substances that qualified as a ‘crucial’ fact in Mable’s involuntary-plea calculus.” 517 S.W.3d at 820.

Falk, John Ray Jr.

Court of Criminal Appeals of Texas · May 19, 2021

See Howlett, 994 S.W.2d at 666 (applying the law of the case doctrine when previous review of legal issue was not “clearly erroneous”). … Appellant argues that this error is immune to harmless error analysis.

Snearley v. State

40 Tex. Crim. 507 · Court of Criminal Appeals of Texas · May 5, 1899

follows: "That Norman Snearly, on or about the 17th day of March, 1898, and anterior to the presentment of the indictment, in the county of Clay and State of Texas, after an election had been held in said county by the qualified … And there shall be collected from every person, firm, corporation, or association of persons, for every separate *Page 511 establishment, selling such liquors or medicated bitters within this State and located within a county

Rodriguez, Alberto

466 S.W.3d 846 · Court of Criminal Appeals of Texas · Jun 17, 2015

All that can be established is that we do not currently have—and cannot obtain—a recording of the August 4 hearing. … in the present case could qualify as “mere technical defects” that would be disregarded in a collateral attack.

Bingham v. State

913 S.W.2d 208 · Court of Criminal Appeals of Texas · Nov 15, 1995

Clearly, in context, the “other evidence” referred to in Article 38.14 is “evidence” adduced “in presence of tribunal.” … State, 872 S.W.2d 743, 749 (Tex.Cr.App.1994) (“the evidence of corroborating circumstances must clearly indicate trustworthiness.”); Cofield v.

Lyle v. State

80 Tex. Crim. 606 · Court of Criminal Appeals of Texas · Feb 28, 1917

And courts will not declare an Act unconstitutional unless it is clearly made to appear in its enactment the Legislature has exceeded its powers, and ordinarily where the courts have passed on the constitutionality of a statute … They so definitely establish the rule of construction in this State applying to the section of the Constitution mentioned that overruling them could only he justified, as said by Chancellor Kent, “upon very urgent reasons

McLaughlin v. State

127 Tex. Crim. 390 · Court of Criminal Appeals of Texas · Oct 24, 1934

The undertaker had testified that he was a qualified, licensed, and experienced embalmer; that he had been engaged in the business several years. … It is our opinion that this testimony was clearly admissible. We therefore overrule the appellant’s contention. Bill of exception No. 8 appears to us to be without merit and is overruled.

Francis v. State

75 Tex. Crim. 362 · Court of Criminal Appeals of Texas · Oct 28, 1914

The evidence, in brief, established that appellant married deceased’s sister. … direct evidence—it may be established by circumstances.

Anderson v. State

635 S.W.2d 722 · Court of Criminal Appeals of Texas · Jul 14, 1982

Sampson stated that he did not feel qualified to sit on the jury. The court then excused Sampson and proceeded to trial with eleven jurors. 2 The first witness called by the State was the complainant, Oliver Anderson. … A plea of former jeopardy constitutes nothing more than a pleading and does not establish the truth of the issues of fact alleged therein. Ray v. State, 150 Tex.Cr.R. 80 , 198 S.W.2d 906 . In Chadwick v.

Ridge v. State

61 Tex. Crim. 214 · Court of Criminal Appeals of Texas · Feb 8, 1911

The qualification of the judge to these bills was such as to show that the whole testimony on the subject should be taken and the bill qualified thereby instead of taking up each separate piece of testimony by itself. … The evidence in our opinion clearly established that the Chinaman was murdered in the perpetration of robbery.

Ex Parte Turner

545 S.W.2d 470 · Court of Criminal Appeals of Texas · Jan 19, 1977

At the last of said evidentiary hearings, Hamilton, after assurance of immunity, admitted his acquaintance with Harden, but very evasively testified that he could not recall: how long he had known Harden; if he was working … Just as an accused has the right to confront the prosecution’s witnesses for the purpose of challenging their testimony, he has the right to present his own witnesses to establish a defense.

Jenkins v. State

493 S.W.3d 583 · Court of Criminal Appeals of Texas · Jun 29, 2016

The State offered to grant Altenhoff use immunity in the event that his answers subjected him to a prosecution for perjury. … It is also a qualifying requisite in order to be admitted to the Coalinga State Hospital.

Mitchell v. State

650 S.W.2d 801 · Court of Criminal Appeals of Texas · Apr 27, 1983

Owens had been granted immunity and the younger Mitchell had been promised 10 years’ punishment, probated. From their testimony, it was clear that they were accomplice witnesses as a matter of law. … Gonzales and the firearm expert Jones, clearly shows that appellant’s contention is without merit. Appellant argues the court erred in admitting evidence of extraneous offenses.

Harris v. State

784 S.W.2d 5 · Court of Criminal Appeals of Texas · Sep 13, 1989

Reed’s confusion arose when she was being qualified as to special issue three. … The State, while asserting LaFIeur was qualified to serve, submits no harm is shown because they "apparently" struck this juror. The record clearly indicates LaFIeur was excused by appellant.

Hunter v. State

54 Tex. Crim. 224 · Court of Criminal Appeals of Texas · Jun 17, 1908

The testimony shows clearly it alluded to and had reference to the deceased. … The circumstances in this case show clearly that the boy was conscious of impending death.

Smart v. State

133 Tex. Crim. 155 · Court of Criminal Appeals of Texas · Jun 9, 1937

The bill of exceptions complaining of the overruling of the application for continuance is qualified by attaching to same the testimony heard by the court at length. … The argument of the district attorney was clearly not erroneous under the qualification appended to the bill presenting this complaint.