Case law

Hood, Ex Parte Charles Dean

Court of Criminal Appeals of Texas · Feb 24, 2010

’s claim only if this Court has misapplied clearly established federal law. … that those same cases simply reiterated clearly established law.

Wyatt v. State

38 Tex. Crim. 256 · Court of Criminal Appeals of Texas · Nov 3, 1897

For aught that appears, said jury was properly *259 summoned, -and they were qualified jurors, and those who tried the defendant were fair and impartial. There -was no error in this action of the court. … This affidavit was clearly inadmissible for the purpose to which it was applied, to wit, to show that Tolliver would not have testified that La Presto had stated that he knew nothing of this robbery, etc.

Marascio, Eric Reed

471 S.W.3d 832 · Court of Criminal Appeals of Texas · Oct 7, 2015

By holding that double-jeopardy rights are immune to procedural default, double-jeopardy claims will always be available on appeal in the absence of an express waiver regardless of whether trial counsel preserves for appeal … There we held that the Townsend rule of forfeiture is a qualified one, and it does not apply to claims that would fit within the first category of Marin v. State, 851 S.W.2d 275, 279 (Tex. Crim.

Mueller v. State

85 Tex. Crim. 346 · Court of Criminal Appeals of Texas · May 21, 1919

Rep., 403 ; that it is not necessary for a witness to qualify as an expert in order to testify as to similarity in tracks. … This language just quoted in so clearly an intimation that in the belief of the trial court the effect of the evidence referred to is to prove theft, as to need no comment by us.

Burns v. State

127 Tex. Crim. 599 · Court of Criminal Appeals of Texas · Jan 30, 1935

The charge clearly confined and limited the jury in considering the property taken to the money alone, and the appellant’s guilt is made to depend entirely upon the taking of the money. … It is our conclusion that the bill, as qualified, fails to reflect any error in the action of the trial court.

Cain v. State

947 S.W.2d 262 · Court of Criminal Appeals of Texas · Jun 18, 1997

There was nothing in the record indicating appellant's citizenship in Morales ; therefore, Morales is distinguishable from the present case where the record clearly establishes appellant is a United States citizen. … However, the court of appeals found that the record did establish that the defendant was a U.S. citizen.

Moreno v. State

755 S.W.2d 866 · Court of Criminal Appeals of Texas · Jun 29, 1988

But this inquiry does not require a court to ‘ask itself whether it believes that the evidence at the trial established guilt beyond a reasonable doubt.’ [citation omitted]. … The knife was uncontro-vertedly described as a large, bowie-like hunting knife approximately ten inches in length and clearly capable of causing death.

Hicks v. State

75 Tex. Crim. 461 · Court of Criminal Appeals of Texas · Nov 26, 1913

Thus, when the fact of an unlawful killing is established, and the facts do not establish express malice beyond a reasonable doubt, nor tend to mitigate, excuse or justify the act, then the law implies malice, and the murder … But its submission was clearly in favor and not against him, and, of course, *473 he can not complain because thereof. Jones v. State, 63 Texas Grim. Eep., 394, and authorities therein cited.

Cherry v. State

447 S.W.2d 154 · Court of Criminal Appeals of Texas · Oct 29, 1969

Viewed in the light most favorable to the State’s case, we deem the evidence clearly sufficient to support the jury’s verdict. … The expert witness was properly qualified, see Harrington v.

Beard v. State

57 Tex. Crim. 323 · Court of Criminal Appeals of Texas · Dec 1, 1909

The court qualifies each of these bills to the effect that they were admitted against Mrs. … This is clearly on the weight of evidence. It singles out one fact in the case and instructs the jury with reference to circumstantial evidence as to that fact alone.

State v. Gonzalez

855 S.W.2d 692 · Court of Criminal Appeals of Texas · Apr 14, 1993

judge for granting a motion for new trial when the State fails to provide an appellate record establishing an abuse of discretion. … State, 842 S.W.2d 667, 682 (Tex.Cr.App.1992), we discussed the abuse of discretion standard and held that under such a standard, we will reverse "only when the trial judge’s decision was so clearly wrong as to lie outside

Harris, Roderick

Court of Criminal Appeals of Texas · May 21, 2014

Nelson qualified to testify to the meaning of "HUSTLA." (91) Det. … Their testimony on rebuttal simply established the impact the offense had upon their family.

Hunt v. State

603 S.W.2d 865 · Court of Criminal Appeals of Texas · Jun 4, 1980

He then attempted to establish a defense that the actual means of causing death were other than those alleged in the indictment. … We point out, however, that his statement, based on nothing more than military training received years before, was clearly at odds with the testimony of the medical experts on both sides. 5 .

Jasper v. State

61 S.W.3d 413 · Court of Criminal Appeals of Texas · Nov 28, 2001

As with the prior witnesses, her testimony did little to establish whether or not appellant and Breton were informally married. … The trial court’s determination is accorded great deference and will not be overturned on appeal unless it is clearly erroneous. See Chamberlain v.

Williams v. State

804 S.W.2d 95 · Court of Criminal Appeals of Texas · Feb 27, 1991

testimony, establishes a pattern of deception. … No other evidence was presented as to establish purposeful discrimination. We cannot say that the trial court was clearly erroneous based upon the record before us.

Bronson v. State

59 Tex. Crim. 17 · Court of Criminal Appeals of Texas · Jan 12, 1910

appears that there was an abuse of legal discretion on the part of the trial court; and this discretion, which is vested in the court below, is a very broad one, qualified only by the requirement that it be a sound discretion … an abuse of discretion as authorizes this court to disturb the verdict upon this ground; and we might say that in the light of the record in this case and the testimony adduced upon the trial, the evidence proposed to be established

Goodwin v. State

70 Tex. Crim. 600 · Court of Criminal Appeals of Texas · Jun 4, 1913

In allowing appellant's bill to the overruling of her motion, the court qualified it by stating: "When Mrs. … Even if we could consider this bill, such testimony by them was clearly admissible. Mackey v. State, 151 S.W. Rep., 802 , and cases there cited in the rehearing opinion.

Williams v. State

164 Tex. Crim. 347 · Court of Criminal Appeals of Texas · Nov 21, 1956

The cap was there at the scene of the crime and was clearly admissible as a circumstance of the crime. None of the appellant’s rights was violated when it was introduced in evidence. … Surely, the doctor and the sheriff were well qualified to give such an opinion. *354 Appellant contends that the court erred in failing to instruct a verdict of not guilty because the state had failed to establish penetration

Harris, Roderick

Court of Criminal Appeals of Texas · May 21, 2014

Their testimony on rebuttal simply established the impact the offense had upon their family. … Harris Page 39 Nelson qualified to testify to the meaning of “HUSTLA.”91 Det.

Traylor, Peter Anthony

567 S.W.3d 741 · Court of Criminal Appeals of Texas · Nov 7, 2018

According to the court of appeals, that verbal exchange establishes a final resolution of Appellant’s guilt as to first-degree burglary.25 We disagree. … If the jury intended for its vote count from the day before to be a final verdict, then it would have clearly stated so.