Case law

Smith v. State

907 S.W.2d 522 · Court of Criminal Appeals of Texas · Sep 20, 1995

The record before us fails to establish a bias as a matter of law. Anderson v. State, 633 S.W.2d 851 (Tex.Cr.App.1982). Thus, it was within the trial judge’s discretion to overrule the challenge for cause. … Furthermore, point fourteen concerns references to parole, a topic clearly of no concern in the instant point of error.

Goodspeed v. State

187 S.W.3d 390 · Court of Criminal Appeals of Texas · Apr 6, 2005

explain the range of punishment as being "probation up to ninety-nine years or life" and asked the prospective jurors if they could consider the full range of punishment, the court of appeals felt that the State did not clearly … State, 947 S.W.2d 262, 264 (Tex.Crim.App.1997), we stated that, except for certain federal constitutional errors deemed structural by the United States Supreme Court, no error is categorically immune from a harmless error

Bradley v. State

608 S.W.2d 652 · Court of Criminal Appeals of Texas · Nov 26, 1980

Secondly, where the fact qualifies for notice “the judge is justified in declaring the truth of the fact without evidence from the party” requesting him to do so, id. at 193. … A transcription of the reporter’s notes when certified to by him and included in the record shall establish the occurrence and existence of all testimony. ..." .

Brewer, Brent Ray

Court of Criminal Appeals of Texas · Nov 23, 2011

In this case, although appellant did request a hearing on expert qualification in the first place, he did not object once the trial court had qualified Dr. Coons. … See Draughon , 831 S.W.2d at 333 & n.1 (appellant's motion to prevent the state from questioning "prospective jurors concerning their attitudes toward the death penalty" was clearly not "a request that the admissibility of

Sloan v. State

515 S.W.2d 913 · Court of Criminal Appeals of Texas · Nov 6, 1974

Each admission was qualified with a recital that the killing was in *917 self-defense. … Clearly, a verbal description of the body and scene was admissible. It follows that photographs depicting same were admissible. Appellant concedes that this Court’s holding in Martin v.

Gowans v. State

64 Tex. Crim. 401 · Court of Criminal Appeals of Texas · Jan 3, 1912

“I did not make any promise to the defendant of any immunity or anything else to induce him to confess to me. … It was the duty of the district attorney, if he thought the evidence established the guilt of the defendant, to demand his conviction.

Curry v. State

72 Tex. Crim. 463 · Court of Criminal Appeals of Texas · Dec 10, 1913

The State introduced him and his two brothers to establish the illegal sale. … But it is only upon a denial, direct or qualified, by the witness, that such statements were made, that proof of them can be made,” citing Whart. Cr. Ev., sections 482, 483.

Lucas v. State

69 Tex. Crim. 269 · Court of Criminal Appeals of Texas · Feb 5, 1913

This not having been done in this case, we could not be-required to pass upon this question, but even if we did, the bill as qualified by the court would show no error. Knight v. State, 144 S. W. … Appellant contends that the evidence does not establish the corpus delicti. We think it fully does so.

Robinson v. State

851 S.W.2d 216 · Court of Criminal Appeals of Texas · Feb 10, 1993

[[Image here]] Defense Counsel: Our position, Your Honor, is that he was qualified under ... [Wainwright v.J Witt. The Court: The record will certainly reflect your objection. … Here, the information conveyed to Juror Romano by her sister, brief though it was, was clearly prejudicial to appellant.

Ritter v. State

76 Tex. Crim. 594 · Court of Criminal Appeals of Texas · May 12, 1915

thereof, all of the properties and franchises of said railway company were placed in the hands of Baker and Lyon as receivers, who were then duly appointed by said court as such receivers, and that they as such immediately qualified … It was amply sufficient and complete to establish every fact essential to appellant’s conviction. In fact, we can hardly see how it could be more perfect or complete to show this.

Robison v. State

888 S.W.2d 473 · Court of Criminal Appeals of Texas · Jun 29, 1994

In departing from the established practice, the D.C. Circuit Court of Appeals believed this was not true in the case of the insanity defense. … Additionally, the trial court clearly informed the jury that testimony would be read back only in the event of a dispute after each request for information.

Grotti v. State

273 S.W.3d 273 · Court of Criminal Appeals of Texas · Jun 25, 2008

This applies to those terms that have a known and established legal meaning or that have acquired a peculiar and appropriate meaning in the law. Id. … Of these witnesses, two on each side were qualified as expert witnesses. Fourteen “non-expert” witnesses testified as to what each had done and seen that day.

Brewer, Brent Ray

Court of Criminal Appeals of Texas · Nov 23, 2011

credibility of the witness to “be attacked by any party, including the party calling the witness.”12 Had appellant, rather than the State, offered this evidence in an effort to show Nystrom’s motive for testifying, it clearly … In this case, although appellant did request a hearing on expert qualification in the first place, he did not object once the trial court had qualified Dr. Coons.

Rougeau v. State

738 S.W.2d 651 · Court of Criminal Appeals of Texas · Sep 23, 1987

The prosecuting attorneys in this cause, by making the above statements that they represented the family of the deceased, clearly erred and the trial judge also clearly erred in overruling appellant’s trial attorney’s objections … The record clearly reflects that Dr.

Garza v. State

687 S.W.2d 325 · Court of Criminal Appeals of Texas · Mar 20, 1985

State, 430 S.W.2d 494, 495 (Tex.Cr.App.1968), this Court stated: “It is well established that a plea of guilty to a felony charge before a jury admits the existence of all facts necessary to establish guilt and, in such cases … Appellant argues that his position as County Treasurer at the time of the offenses immunized him from exposure to prosecution for a second-degree felony (theft over $10,000.00) and that he should have been prosecuted for

Silver v. State

110 Tex. Crim. 512 · Court of Criminal Appeals of Texas · Jan 11, 1928

In qualifying bill of exception Number 5, which preserves the complaint in question, the trial court states that the testimony showed a 38 caliber bullet was taken from the body of deceased, Roscoe Wilson; that appellant’ … Whether accused be in custody or not, or be warned or not, his oral or written confession is admissible if in connection therewith he makes statements of facts or circumstances that are found to be true, which conduce to establish

Rose v. State

124 Tex. Crim. 377 · Court of Criminal Appeals of Texas · May 17, 1933

In support of the conclusion of the learned trial judge that the testimony was admissible in evidence against the appelllant, he refers, in qualifying the bill of exception, to the following cases: Jones v. … State, 6 Texas App., 384, in which it is made plain that under the law of this state, in order to establish handwriting by comparison, it is essential that there must be proof clearly showing that the document used for comparison

Goad v. State

464 S.W.2d 129 · Court of Criminal Appeals of Texas · Feb 17, 1971

In Arthur the court noted the well established rule that it is never competent for the State in the first instance to prove the person slain was peaceable and inoffensive unless the opposite has been offered by the defense … The same clearly does not comply with the provisions of Article 40.09, Sec. 9, V.A.C.C.P., and nothing is presented for review.

Garrison v. State

54 Tex. Crim. 600 · Court of Criminal Appeals of Texas · Nov 25, 1908

The court qualifies the bill in signing, it, as follows: “Filed and approved with the explanation that a written charge1 was not requested except special charges and no objection made to oral charge.” … It has further been held by this court in an unbroken line of authorities, it seems, that in a misdemanor case a verbal charge can only be given by consent of the parties, and it is clearly erroneous to give such charge over

Bowen v. Carnes

343 S.W.3d 805 · Court of Criminal Appeals of Texas · Jun 15, 2011

Sixth Judicial District Court of Appeals: 4 The traditional test for determining whether mandamus relief is appropriate requires the relator to establish two things. … State, 17 P.3d 75, 84 (Alaska App.2001) (observing that "a court should rarely dis *816 qualify an attorney based on a former attorney-client relationship if the former client does not seek the attorney’s disqualification