Case law

Dansby, Michael Edward Sr.

Court of Criminal Appeals of Texas · May 8, 2013

And the ultimatum that is clearly reflected in Young's progress report of June 30 th to August 4 th of 2009--that the appellant submit to the sexual history polygraph or else be summarily discharged--indicates that the appellant's … 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.

Smith v. State

227 S.W.3d 753 · Court of Criminal Appeals of Texas · Jun 27, 2007

The 1993 amendment clearly broadened “the categories of potentially admissible evidence at punishment.” 29 But as to at least one of those new categories, namely, extraneous misconduct evidence, the amendment expressly added … information from evidence presented in a formal courtroom proceeding in *764 assessing punishment within the legislatively prescribed range. 40 This is not to say, of course, that a state’s sentencing procedure is wholly “immune

Coutlakis v. State

160 Tex. Crim. 249 · Court of Criminal Appeals of Texas · Mar 24, 1954

They cannot claim special immunity from regulation. … The opinion clearly sets out the fact that appellant received funds from this union as his first pay check.

Roberts v. State

978 S.W.2d 580 · Court of Criminal Appeals of Texas · Oct 21, 1998

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 … PROC. art. 35.11, the requirements that each juror be a qualified voter, never convicted of theft or other felony nor under indictment or legal accusation for theft or other felony, TEX. CODE CRIM.

Crane v. State

786 S.W.2d 338 · Court of Criminal Appeals of Texas · Jan 31, 1990

CROSS: We’ll submit the juror is qualified, Your Honor. MR. ROBERSON: We renew the challenge, Your Honor. … CROSS: We’ll submit the juror is qualified, Your Honor. MR. ROBERSON: We renew the challenge, Your Honor.

Coulter v. State

494 S.W.2d 876 · Court of Criminal Appeals of Texas · May 16, 1973

Richard Heath, a Federal Narcotics Agent, was qualified as an expert witness in the identification of marihuana. … They are clearly hearsay and inadmissible unless within an exception to the hearsay rule.

Burris v. State

276 S.W.2d 260 · Court of Criminal Appeals of Texas · Dec 15, 1953

Such amended motion for new trial was clearly an amendment to the first amended motion for new trial and was not authorized. … It is the appellant's contention that the witness was not qualified to answer the question because the witness, though admitted to be a qualified expert medical witness, was not a ballistic expert.

Flores, Ex Parte Gerardo

Court of Criminal Appeals of Texas · Dec 5, 2012

Pustilnik was clearly a qualified expert. In addition to serving as the Chief Medical Examiner for Galveston County, he was an Assistant Professor of Pathology at the University of Texas Medical Branch in Galveston. … Kliman was clearly "biased and inaccurate." The State also submitted the affidavit of Dr. Edwina J.

Patterson v. State

63 Tex. Crim. 297 · Court of Criminal Appeals of Texas · Oct 18, 1911

This principle is well established by all the decisions of this court. … From all this it is clearly shown that the court did hear testimony.

Najar, Zaid Adnan

Court of Criminal Appeals of Texas · Mar 3, 2021

A trial court is not bound to believe a particular fact unless it is conclusively established. Facts may be conclusively established by formal stipulation. … The discussion was “clearly detrimental” to him. Id. at 275.

Martinez v. State

498 S.W.2d 938 · Court of Criminal Appeals of Texas · Sep 19, 1973

The record clearly shows that appellant’s oral statement did not meet the requirements of Art. 38.22, subd. 1(e). 1 The corpus delicti of the offense, the body of the deceased, had been discovered some thirty-three hours … This deterrence function, the Court concluded, should not be used to immunize or ‘shield’ a defendant-witness from the ‘traditional truth-testing devices of the adversary process.’ 91 S.Ct. at 645-646 .”

Tellis v. State

42 Tex. Crim. 574 · Court of Criminal Appeals of Texas · Mar 20, 1901

He was therefore in our opinion qualified to sit as a juror in the perjury case then being *578 tried.” … The juror would clearly be disqualified in the murder' case if Garcia was on trial. Post v. State, 10 Texas Crim. App., 579; Shannon v. State, 34 Texas Crim. Rep., 5 ; Sessions v. State, 37 Texas Crim.

King v. State

649 S.W.2d 42 · Court of Criminal Appeals of Texas · Apr 6, 1983

Ineffective assistance of counsel cannot be established by separating out one portion of the trial counsel’s performance for examination. … The prosecutor’s statement was in response to a clearly improper question. Further, no objection was made to the prosecutor’s remark. Esquivel v. State, 595 S.W.2d 516 (Tex.Cr.App.1980).

Shaffer v. State

68 Tex. Crim. 162 · Court of Criminal Appeals of Texas · Nov 13, 1912

In approving the bill the court qualified it by stating that it was already proved by the witness that appellant’s reputation as a peaceable, quiet and law-abiding citizen was good. … The evidence clearly established night-time burglary as contradistinguished from a daytime burglary and the court charged the jury in effect that if it was not a night-time burglary, submitting the requisites thereof for

Zamorano v. State

84 S.W.3d 643 · Court of Criminal Appeals of Texas · Sep 11, 2002

Wingo, the Court “qualified the literal sweep of the provision” by analyzing the constitutional question in terms of four specific factors: *648 1) “whether delay before trial was uncommonly long”; 8 2) “whether the government … -San Antonio 1997) (prejudice established, in part, where appellant showed disruptions in his work and income stream). . Cf. Scheneld v. State, 996 S.W.2d 305, 314 (Tex.App.

Schepps v. State

432 S.W.2d 926 · Court of Criminal Appeals of Texas · May 15, 1968

In separate trials of the accomplice where other evidence has clearly established the principal’s guilt, the convenience of introducing the principal’s confession is not apparently greater than the convenience of admitting … One could speculate at length as to why people confess— fear, duress, conscience, revenge, reward, offers of immunity or leniency, etc.

Grant v. State

970 S.W.2d 22 · Court of Criminal Appeals of Texas · Jun 24, 1998

We have held, however, that article 1.14 does not apply to a charging instrument that does not qualify as such because it fails to *27 charge a "person" with an "offense." Cook v. … establishes the complainant was a different person than that named in the indictment.

Garcia v. White

357 S.W.3d 373 · Court of Criminal Appeals of Texas · Nov 16, 2011

mandamus relief: (1) no adequate remedy at law; and (2) proof of a "clear right to the relief sought — that is to say, when the facts and circumstances dictate but one rational decision under unequivocal, well-settled ..., and clearly … Mims is listed as an attorney qualified for appointment to death-penalty cases in the First Administrative Judicial Region.

State v. Muller

829 S.W.2d 805 · Court of Criminal Appeals of Texas · Apr 1, 1992

Thus, the appellate record must clearly reflect the prosecuting attorney’s personal authorization of the specific notice of appeal filed in a given case. … Evidence of a general delegation of authority to an assistant does not qualify under the statute. .

Swift v. State

509 S.W.2d 586 · Court of Criminal Appeals of Texas · May 22, 1974

A palm print on one of the guns which, when compared with a known print of appellant, was identified by a qualified expert as being that of appellant. The appellant did not testify before the jury. … The evidence of Jo Ann Adams in the instant case clearly reflects that the four members of the group were, in all of the incidents connected with this offense, acting together.