Case law

Larson v. State

106 Tex. Crim. 261 · Court of Criminal Appeals of Texas · Oct 28, 1925

State of West Virginia, 129 U.S. 114 , 32 L.Ed. 623 , clearly recognizes the right of the state to fix an educational qualification on one seeking to practice medicine. … We infer, however, that he claims the section to be objectionable because, no matter how well qualified by learning and skill or experience one may be, he has no absolute right to be examined by the board unless he has a

White v. State

225 S.W.3d 571 · Court of Criminal Appeals of Texas · Jun 6, 2007

However, Rule 606(b) also provides that "a juror may testify: (1) whether any outside influence was improperly brought to bear upon any juror; or (2) to rebut a claim that the juror was not qualified to serve." … PROC. article 44.46 clearly and unambiguously provides that a criminal conviction may be reversed on appeal on the ground that a juror was absolutely disqualified from service under Article 35.19 only if: (1) the defendant

Lewis v. State

48 Tex. Crim. 149 · Court of Criminal Appeals of Texas · Apr 26, 1905

Clearly this was admissible testimony, since it indicates the State’s theory that the instrument was fraudulently executed. … This could in no way bind appellant; nor would it be a fact going to establish his criminality.

Rousseau v. State

855 S.W.2d 666 · Court of Criminal Appeals of Texas · Feb 24, 1993

In his fifth point of error, appellant contends that the trial court erred in excusing a qualified veniremember on its own motion, over defense counsel’s objection. … After establishing his credentials, Dr. Wills testified to the following: [BY THE STATE:] Q. Well, why are you here to testify? What are you going to testify about? A.

Evans v. State

757 S.W.2d 759 · Court of Criminal Appeals of Texas · Jul 20, 1988

The second chair prosecuting attorney was never prohibited by the trial judge from establishing or attempting to establish that L.V. was actually testifying in the capacity of a "personal opinion character" witness, and not … he be permitted to voir dire L.V. in order to establish that L.V. was not qualified to speak as a "reputation" witness, but he did neither.

Angleton v. State

971 S.W.2d 65 · Court of Criminal Appeals of Texas · May 27, 1998

Judge Meyers construes our observation here as establishing a "three-part test.” … That analysis clearly shows that, contrary to our .pronouncement in Kephart , the Edwards lest is not in fact the equivalent of the authentication requirement of Rule 901.

Olivas v. State

202 S.W.3d 137 · Court of Criminal Appeals of Texas · Sep 13, 2006

And those instructions clearly told the jury that the State had the burden to prove, beyond a reasonable doubt, every element of the offense. … Did the Court of Appeals err in finding that the charge error was immune from harm analysis? 2.

Robinson v. State

701 S.W.2d 895 · Court of Criminal Appeals of Texas · Oct 23, 1985

The presence or absence of deception clearly is a material issue to a prosecution for theft under this statute. … State, 692 S.W.2d 877 , 880, n. 4 (Tex.Cr.App. 1985) (". . . value must be determined with regard to the extent to which the defendant's unlawful intent is established by other evidence, stipulation, or inference"), quoting

Lopez v. State

628 S.W.2d 77 · Court of Criminal Appeals of Texas · Feb 24, 1982

The burden of establishing the admissibility of the expert's opinion rests on the party offering the evidence. Holloway v. State, 613 S.W.2d 497 (Tex.Cr.App.). … It is commonly used as one of several diagnostic tools in the hands of a qualified and competent alienist, as Dr. Piper was shown to be by testimony of Dr. Kreimeyer.

Jones v. State

69 Tex. Crim. 447 · Court of Criminal Appeals of Texas · Jan 22, 1913

The court qualified this bill by stating that he “could not find where it had ever been held in Texas that jurors are to be held in custody by the sheriff until they are empaneled and sworn. … That the fact of separation having been established by the prisoner, the possibility that the juror has been tampered with, and has received other impressions - than those derived from the testimony in court, exists, and

Rey v. State

897 S.W.2d 333 · Court of Criminal Appeals of Texas · Mar 15, 1995

We hold that appellant clearly established that the mechanism of death was to be a significant factor at trial. 8 By overruling appellant’s motion for the appointment of a pathologist appellant was denied a “basic tool” essential … See Tex.Penal Code Ann. § 19.02(a)(2) (intent to cause serious bodily injury together with act clearly dangerous to human life); id. at 19.02(a)(3) (commission of or attempt to commit felony together with act clearly dangerous

Cortez, Raul

Court of Criminal Appeals of Texas · Sep 14, 2011

When the law was correctly and clearly explained to Davis, she indicated several times that she could follow the law and answer each of the specials issues based on the specific evidence in the case. … Nothing in the record indicates that Forsyth's limited research would prevent her from being a qualified juror.

Ex Parte Mode

77 Tex. Crim. 432 · Court of Criminal Appeals of Texas · Oct 13, 1915

Clearly, not that the Act should be a law or not be, for the law already existed. Indeed, it was not delegated to the people to decide anything. … This is clearly explained by the author in Cooley’s Con. Lim. (7 ed.), pp. 173, 174, and it is further illustrated and applied under similar statutes in Dudley v. Wolf, 14 Iowa, 228 ;.Davis v.

Cortez, Raul

Court of Criminal Appeals of Texas · Sep 14, 2011

When the law was correctly and clearly explained to Davis, she indicated several times that she could follow the law and answer each of the specials issues based on the specific evidence in the case. … Nothing in the record indicates that Forsyth’s limited research would prevent her from being a qualified juror.

Staley v. State

887 S.W.2d 885 · Court of Criminal Appeals of Texas · Apr 27, 1994

Because the ruling of the trial judge is not clearly erroneous, see, Hill, 827 S.W.2d at 865 ; Williams v. State, 804 S.W.2d 95, 101 (Tex.Cr.App.1991); and Whitsey v. … Accordingly, under Adams and Wainwright , Chandler was qualified to serve on appellant’s jury.

Herndon v. State

543 S.W.2d 109 · Court of Criminal Appeals of Texas · Oct 6, 1976

Ray Vaughn, Dallas City Police Department sergeant, was qualified as an expert on bookmaking operations. … So there is also clearly a question of “when” the alleged offense occurred.

Lowery v. State

499 S.W.2d 160 · Court of Criminal Appeals of Texas · Sep 25, 1973

“Since Rawls was a joint user of the bag, he clearly had authority to consent to its search .... … State, Tex.Cr.App., 459 S.W.2d 847 , this Court held the evidence sufficient to establish the capacity of a woman to consent to the search of an apartment.

Honea v. State

585 S.W.2d 681 · Court of Criminal Appeals of Texas · Jun 27, 1979

This evidence aided in the establishment of the corpus delicti. No error is shown. … These physical conditions qualify as bodily injuries under V.T.C.A. Penal Code, Sec. 1.07(a)(7), and were concurrent causes of his death.

Walker v. State

94 Tex. Crim. 653 · Court of Criminal Appeals of Texas · May 16, 1923

, be clearly at variance with right, justice and law to tell the jury they could convict if they believed the testimony of the accomplice to be true and that it connected the accused with the crime charged. … The language of the statute is in the charge but is qualified by the words italicized so as to render it misleading, and in a manner that may have induced the jury to convict the appellant on the idea that while the evidence

Keeton v. State

749 S.W.2d 861 · Court of Criminal Appeals of Texas · Apr 6, 1988

for the use of his strikes against blacks and concluded that the trial court’s ruling was not “clearly erroneous”. … While it is true that an elusive, intangible explanation for exclusion might not qualify as racially neutral, such is not the case when the explanation is coupled with an objectively verifiable reason.