Case law

State v. Aguilera

165 S.W.3d 695 · Court of Criminal Appeals of Texas · Jun 22, 2005

Harris is clearly different from the issue presented here, as the re-sentencing was done the next day and there can be no dispute that Harris had begun serving his sentence. … Such mistakes ought not be cast in stone. [7] "The Constitution does not require *701 that sentencing should be a game in which a wrong move by the judge means immunity for the prisoner." [8] Similarly, the rule fails to

Nevarez v. State

767 S.W.2d 766 · Court of Criminal Appeals of Texas · Feb 1, 1989

When statutory terms or phrases are not defined by statute they are ordinarily given their plain meaning without regard to distinction between construction of penal laws and laws on other subjects, unless the act clearly … App.1987), further noting that in purporting to present what the plurality in that cause determined to be a working definition of "actual delivery," the majority here omits the most significant qualifying determinant, to

Jacobs v. State

787 S.W.2d 397 · Court of Criminal Appeals of Texas · Apr 11, 1990

“A juror who will ultimately be guided by his or her personal views is not qualified to sit on a jury....” See Landry v. State, 706 S.W.2d 105, 108 (Tex.Cr.App.1985). … The appellant at trial asserted a clear and specific challenge for cause clearly articulating the grounds therefor. “3.

Matchett v. State

941 S.W.2d 922 · Court of Criminal Appeals of Texas · Nov 6, 1996

This instruction is the product of this Court’s observation of “the long established rule that a plea of guilty to a felony charge before a jury admits the existence of all incriminating facts necessary to establish guilt … This is odd, since the admonishments in Article 26.13(a)(2) and (3) clearly have no application in a capital case.

Proenza, Abraham Jacob

Court of Criminal Appeals of Texas · Nov 15, 2017

And while Article 38.23 does not refer specifically to the judge, its “shall” language clearly applies to the judge, who is tasked with ruling upon the admissibility of evidence. … Ct. 920 (2016) (“It is well-established that a judge is not a mere moderator, but is the governor of the trial for the purpose of assuring its proper conduct and of determining questions of law.

EES Leasing LLC and EXLP Leasing LLC/Ward County Appraisal District v. Ward County Appraisal District/EES Leasing LLC and EXLP Leasing LLC

Court of Criminal Appeals of Texas · Sep 23, 2015

§ 23.1242(b)(establishing formula for calculating the unit property tax of each item of heavy equipment)(West 2015). … “The phrase ‘as may be provided by law,’ when used in a constitutional provision establishing a general legal principle or administrative framework, has been held to ‘clearly vest[ ] the Legislature with the authority to

Vasquez v. State

67 S.W.3d 229 · Court of Criminal Appeals of Texas · Feb 6, 2002

The jury was charged on the law of parties, and Bazan’s testimony was more than sufficient to establish appellant’s guilt as a party. … On October 25, 1999, after the parties qualified nine jurors on individual voir dire, the State informed the defense that Cruz would be testifying for the State at appellant’s trial.

Galvan v. State

129 Tex. Crim. 349 · Court of Criminal Appeals of Texas · Mar 27, 1935

The bills are further qualified to the effect that it was not shown in the testimony that said witnesses had knowledge of the facts mentioned. … It is apparent from the qualification that the trial court en *359 tertained the view that it was incumbent upon the appellant to establish by direct proof the fact that the witnesses knew of the incidents mentioned before

Eppison v. State

82 Tex. Crim. 364 · Court of Criminal Appeals of Texas · Nov 14, 1917

The rule is also clearly stated by our Supreme Court in Zwernemann v. … He explains and qualifies appellant’s bill as follows: “The defendant’s attorney while Bertie Eppison was on the witness stand, asked her all about her past life, the witness desired to make some explanations as to her life

Jordan v. State

635 S.W.2d 522 · Court of Criminal Appeals of Texas · Jun 23, 1982

Thus, it is clear that the historical fact of the prior conviction for robbery by assault was the only thing established by State’s Exhibit No. 7. ,“Unless a contrary intent clearly appears elsewhere in this title, any right … schedule followed on the units. .Appellant’s twelfth ground of error contends Warden Mitchell was not shown to be qualified to offer such an opinion.

Guerrero, Eduardo

Court of Criminal Appeals of Texas · Dec 9, 2009

Guerrero--11 engaging in the business of selling the forbidden drugs, but penalizes any sale made in the absence of either of the qualifying requirements set forth.”). … Finally, the concurring opinion cites no authority to support its assertion that “[a]ppellate courts are not bound by prosecutorial theories when deciding whether the trial record clearly establishes a double-jeopardy violation

Irby, Christopher

Court of Criminal Appeals of Texas · Jun 16, 2010

Appellant's Brief at 21 ("This Court has clearly held, under Davis v. … Thus, the State clearly had considerable power and control over that witness's fate. Id.

Irby, Christopher

Court of Criminal Appeals of Texas · Jun 16, 2010

He clearly had a motive to shift suspicion away from himself and toward the defendant. Id. at 873. … Thus, the State clearly had considerable power and control over that witness’s fate. Id.

Duron v. State

956 S.W.2d 547 · Court of Criminal Appeals of Texas · Oct 8, 1997

But, according to appellant, the instrument also contains factual allegations establishing, if true, that he is not guilty of indecency with a child. … Whatever is essential to the gravamen of the indictment must be set out particularly, and whenever it clearly appears in the record that the defendant has been convicted on an indictment that is clearly defective in substance

Reynoso, Ex Parte Juan Jose

Court of Criminal Appeals of Texas · Jul 2, 2008

Applying the 180-day due date rule in the instant case would clearly make the July 11, 2005, filing timely. … Therefore, clearly, 45 days after this date provided the later of the two dates.

Barnard v. State

730 S.W.2d 703 · Court of Criminal Appeals of Texas · Apr 8, 1987

Clearly Sliger’s bias was not made “unmistakably clear.” … This ground is clearly without merit and we hereby overrule it.

Gonzales v. State

353 S.W.3d 826 · Court of Criminal Appeals of Texas · Sep 28, 2011

State, 982 S.W.2d 386, 394 (courts should liberally grant challenges for cause: "The venire comprises so many jurors who are clearly qualified that it is unnecessary to err by denying a challenge for cause on a close question … The venire comprises so many jurors who are clearly qualified that it is unnecessary to err by denying a challenge for cause on a close question."); Threadgill v.

Williams, Janet Lorraine

252 S.W.3d 353 · Court of Criminal Appeals of Texas · Jan 16, 2008

invalid because the trial judge failed to inquire into her indigent status and admonish her about the right to appointed counsel. 1 The court held that the error was structural constitutional error that is categorically immune … and unequivocably asserted.” 16 Once asserted, under Faretta, the trial judge must inform the defendant about “the dangers and disadvantages of self-representation, so that the record will establish that ‘he knows what he

Davidson v. State

162 Tex. Crim. 640 · Court of Criminal Appeals of Texas · Feb 1, 1956

WEAR: Note our exception for the reason it is not responsive and the testimony shows the witness is not qualified to make the statement and further, by his own testimony, he could not testify as a fact; further, the question … The previous conviction alleged in Paragraph 3 of the indictment having been established by proof, appellant requested a special charge be given in connection with the law of circumstantial evidence, to the effect that such

Sims v. State

117 S.W.3d 267 · Court of Criminal Appeals of Texas · Oct 8, 2003

The statutory definition of delivery clearly encompasses more than actual, direct transfers. … Even if it had, none of those cases can be interpreted to clearly hold that an intermediary is essential to establishing a constructive transfer.