Case law

McKinney, Steve Charles

Court of Criminal Appeals of Texas · Nov 15, 2006

McKinney v. State , 177 S.W.3d 186 (Tex. App. B Houston [1st Dist.] 2005). The court of appeals, relying on Bradley v. State , [6] State v. Lee , [7] and State v. … Appellant asserts in his first two grounds for review that, when the legal sufficiency of the evidence is challenged and an instruction on a lesser-included offense is requested and given, applying the estoppel bar A across the board

Stephens v. State

63 Tex. Crim. 382 · Court of Criminal Appeals of Texas · Jun 14, 1911

Henry Browning testified he was a night watchman and lived in Bonham; knew the appellant; that he did not know of appellant doing any manual labor of a^ kind during last fall; had seen him on the walk around the American … Coleman v. State, 54 Texas Crim. Rep., 235 . 3.

Smith, Ex Parte Laroyce Lathair

Court of Criminal Appeals of Texas · Mar 1, 2006

In Bigby v. … See Brown v.

McClain v. State

687 S.W.2d 350 · Court of Criminal Appeals of Texas · Apr 3, 1985

Harvey Hudson & Veryl Brown, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State. OPINION ON STATE'S PETITIONS FOR DISCRETIONARY REVIEW CLINTON, Judge. … In Green v.

Newton v. State

121 Tex. Crim. 48 · Court of Criminal Appeals of Texas · Apr 13, 1932

Sims v. State, 119 Texas Crim. Rep., 83 , 45 S. W. (2d) 579 . No extended opinion was written in this case originally. The opinions on original submission and on rehearing in the companion case of Oglesby v. … I then picked this gun up that Oglesby was reaching for and turned around and Newton was standing there with his left hand in his left hip pocket, so I made him come back there and stand on the running board of the car and

Zimmerman v. State

750 S.W.2d 194 · Court of Criminal Appeals of Texas · Apr 20, 1988

Jacinto City Police Officer Glen Brown testified that around midnight or the early morning hours of March 25th he heard hollering, screaming and loud talking at the police station. … Investigator Bodisch, and that Bodisch told him at that time that he (Bodisch) had witnessed Chief Jamail and an officer “Brown” (later shown to be Sgt.

Morris, Reginald Eugene

Court of Criminal Appeals of Texas · Nov 18, 2009

The appellant next called Jack Zimmerman, a board-certified criminal-defense attorney, to the stand. … Drope v. Missouri , 420 U.S. 162, 171 (1975). 13. Pate v. Robinson , 383 U.S. 375, 378 (1966); Medina v. California , 505 U.S. 437, 439, 449 , & 453 (1992); Godinez v. Moran , 509 U.S. 389, 396 (1993). 14. Dusky v.

Spann, Ex Parte Lucian Lee Jr.

Court of Criminal Appeals of Texas · Apr 21, 2004

Boykin v. State , 818 S.W.2d 782, 785 (Tex. Crim. App. 1991). … In Ross v. Cockrell , 2002 U.S. Dist. LEXIS 18315 (N.D. Tex.

Jones v. State

220 S.W.2d 156 · Court of Criminal Appeals of Texas · Mar 2, 1949

We have so held in Rylee v. State, 135 Tex.Cr.R. 87 , 117 S.W.2d 85, 88 , in a quotation from Brown v. … Johnson v. State, 28 Tex.App. 17 , 11 S.W. 667 ; Jones v. State, 38 Tex.Cr.R. 87 , 40 S.W. 807 , 41 S.W. 638 , 70 Am.St.Rep. 719 ; Merritt v. State, 39 Tex.Cr.R. 70 , 45 S.W. 21 . And in Hampton v.

Alexander v. State

63 Tex. Crim. 102 · Court of Criminal Appeals of Texas · Apr 12, 1911

This matter *125 was, to some extent, discussed in Brown v. State, 54 Texas Crim. Rep., 121 , where that doctrine was laid down. That rule is, however, the correct one, and followed in the decisions in this State. … Hickey v. State, 45 Texas Crim. Rep., 297 ; Brady v. State, 65 S. W. Rep., 521 ; Warthan v. State, 41 Texas Crim. Rep., 385 ; Bracken v. State, 29 Texas Crim. App., 362; Steagald v. State, 22 Texas Crim.

Homan v. Hughes

708 S.W.2d 449 · Court of Criminal Appeals of Texas · Apr 23, 1986

Griffin v. Illinois, supra; Douglas v. California, 372 U.S. 353 , 83 S.Ct. 814 , 9 L.Ed.2d 811 (1963); Lane v. Brown, 372 U.S. 477 , 83 S.Ct. 768 , 9 L.Ed.2d 892 (1963); Rinaldi v. … Russell v. State, 702 S.W.2d 617, 618 (Tex.Cr.App.1985); Contreras v. State, 645 S.W.2d 298 (Tex.Cr.App.1983); Richardson v. State, 617 S.W.2d 267 (Tex.Cr.App.1981); Daniels v.

Gephart v. State

157 Tex. Crim. 414 · Court of Criminal Appeals of Texas · Feb 27, 1952

In State v. Church, 98 S. … .” *428 See also Brown v. State, 155 Tex. Cr. R. 847 , 235 S. W. (2d) 142 .

Dancy v. State

728 S.W.2d 772 · Court of Criminal Appeals of Texas · Mar 18, 1987

In People v. … v.

Gaal v. State

332 S.W.3d 448 · Court of Criminal Appeals of Texas · Mar 2, 2011

It relied on Norton v. State 6 and Jefferson v. … United States v.

Washington v. State

771 S.W.2d 537 · Court of Criminal Appeals of Texas · Mar 1, 1989

Appellant relies on Caldwell v. … In Brown v. Ohio, 432 U.S. 161 , 97 S.Ct. 2221 , 53 L.Ed.2d 187 (1977), the Supreme Court held that joyriding and auto theft were “the same statutory offense” for double jeopardy purposes.

Hammett v. State

578 S.W.2d 699 · Court of Criminal Appeals of Texas · Feb 28, 1979

In Burns v. State, supra, we stated: “In Hovila v. … State, 542 S.W.2d 664 (Tex.Cr.App.1976), cert. denied, 431 U.S. 949 , 97 S.Ct. 2666 , 53 L.Ed.2d 266 (1977); Robinson v. State, 548 S.W.2d 63 (Tex.Cr.App.1977); Brown v.

Morris, Reginald Eugene

Court of Criminal Appeals of Texas · Nov 18, 2009

Morris v. … The appellant next called Jack Zimmerman, a board-certified criminal-defense attorney, to the stand.

McCrory v. State

643 S.W.2d 725 · Court of Criminal Appeals of Texas · Dec 15, 1982

See Newberry v. State, supra, at 461; Ancira v. State, supra, at 926. … Circumstances distinguish this case from one in which a general investigation into an unsolved crime is shown, e.g., Brown v. State, 475 S.W.2d 938 (Tex.Cr.App.1971); Jones v.

Wilhoit v. State

638 S.W.2d 489 · Court of Criminal Appeals of Texas · Sep 15, 1982

Brown v. State, 576 S.W.2d 820 (Tex.Cr.App.1979); Church v. State, 552 S.W.2d 138, 140 (Tex.Cr.App.1977); Harris v. State, 473 S.W.2d 37 (Tex.Cr.App.1971). The tenth ground of error is overruled. … See, e.g., Scott v.

Johnson v. State

153 Tex. Crim. 59 · Court of Criminal Appeals of Texas · Nov 10, 1948

Priesmuth v. The State, 1 Texas App. 480.” Again, in the case of Elliston v. State, 10 Tex. … See also Jabalie v. State, 128 Tex. Cr. R. 412 , 81 S. W. (2) 509; Gatlin v. State, 86 Tex. Cr. R. 339 , 217 S. W. 698 ; High v. State, supra. A case of early impression is that of Pickett v. State, 43 Tex. Cr.