Case law

Matlock, Marcus Dewayne

Court of Criminal Appeals of Texas · Feb 27, 2013

He had worked in fast-food restaurants, but sometimes they wouldn't hire him because he was "over-qualified." He worked at the Family Care Center for almost a year after he was released from jail in March, 2006. … states why the verdict is so much against the great weight of the evidence as to be manifestly unjust, conscience-shocking, or clearly biased. (34) If an appellate court conducting a factual-sufficiency review finds that

State Ex Rel. Holmes v. Honorable Court of Appeals for the Third District

885 S.W.2d 389 · Court of Criminal Appeals of Texas · Apr 20, 1994

Clearly, the entry of an order which stays the execution of a death row inmate is a criminal law matter. Art. … No person shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law;

Hunter v. State

59 Tex. Crim. 439 · Court of Criminal Appeals of Texas · Mar 23, 1910

It was still more clearly admissible on the proposition of showing his mental condition, his intelligence, sanity, and the state of his mind. … The jury might well regard the fact of such helpless children being with him as of itself in the nature of a flag of truce and a mute yet living appeal for immunity from attack, and as giving hostage and pledge of his own

Teal v. State

230 S.W.3d 172 · Court of Criminal Appeals of Texas · Mar 7, 2007

State , we held that this language literally required a "person" to be named as the perpetrator in the written instrument in order for that instrument to qualify as an indictment. [3] In Duron v. … If, for example, an indictment contains allegations necessary to establish the offense of robbery but contains no additional allegations that would suggest the greater offense of aggravated robbery, [9] then there may be

Shipp, Allen Ray

Court of Criminal Appeals of Texas · Feb 2, 2011

App. 1991) (“if the meaning of the statutory text, when read using the established canons of construction relating to such text, should have been plain to the legislators who voted on it, we ordinarily give effect to that … These uses are sufficient to qualify a store receipt as a “document of commerce” within what 38 Shipp v.

Cockrell, Darrell Lynn

Court of Criminal Appeals of Texas · Mar 12, 2014

Trial testimony describing an impairment is not required to establish any of the above. … PROC. art. 38.31(a) (providing that, “If the court is notified by a party that the defendant is deaf . . . the court shall appoint a qualified interpreter[.]”).

McCullough v. State

137 Tex. Crim. 577 · Court of Criminal Appeals of Texas · Jun 7, 1939

As qualified, the bill clearly shows that there was no abuse of discretion on the part of the trial judge in denying the application. … The court qualifies the bill to show that the appellant did not except to the ruling of the court. As qualified, the bill is without merit.

Medina, Hector Rolando

Court of Criminal Appeals of Texas · Jan 12, 2011

We do not believe that the trial judge’s decision on these five venire members was clearly erroneous. … After examining the record, we cannot find that the trial judge’s ruling on this challenge was clearly erroneous.

Moore v. State

127 Tex. Crim. 637 · Court of Criminal Appeals of Texas · Nov 14, 1934

Physicians who qualified as experts on mental diseases expressed the opinion that appellant was a paranoiac and that he was insane at the time he killed deceased. … The testimony of Witt to the effect that it was deceased’s duty to correct trouble in the lines was not hearsay and was clearly admissible.

Shipp, Allen Ray

Court of Criminal Appeals of Texas · Feb 2, 2011

These uses are sufficient to qualify a store receipt as a "document of commerce" within what we find to be the broader legislative intent. … App. 1991) ("if the meaning of the statutory text, when read using the established canons of construction relating to such text, should have been plain to the legislators who voted on it, we ordinarily give effect to that

Hammond v. State

799 S.W.2d 741 · Court of Criminal Appeals of Texas · Nov 28, 1990

That fact was established from the mouth of the venireman himself. By contrast, venireman Tealer could not testify she had been convicted of theft. … “Number two, it was clearly, in the Court’s opinion, a definite possibility that the defendant might have gone to the residences of the jurors and might have done one or more of them physical harm, their lives were in danger

Nisbet v. State

170 Tex. Crim. 1 · Court of Criminal Appeals of Texas · Dec 16, 1959

The court qualified the bill of exception, in part, as follows: "Mr. … the jury would have been required to find that such single agreement had been established by the evidence.

Hall, Gabriel

Court of Criminal Appeals of Texas · Dec 8, 2021

However, having previously surveyed the approaches of various jurisdictions in making that determination, we have discerned “at least one common principle: to qualify as a government agent, the informant must at least have … For that reason, a trial court’s ruling on a Batson objection must be affirmed unless it is “clearly erroneous.” Snyder, 552 U.S. at 477.

Ex Parte Mitchell

977 S.W.2d 575 · Court of Criminal Appeals of Texas · Nov 19, 1997

It would be a high price indeed for society were every accused granted immunity from punishment because of any defect sufficient to constitute reversible error in the proceedings leading to conviction. … The accused’s right under the double jeopardy clause to have his trial completed by the first tribunal is clearly protected where, as in the present case, it proceeded *580 to conclusion, i.e., a verdict.

Armstrong, Douglas Tyrone

Court of Criminal Appeals of Texas · Nov 15, 2017

instead of a well-qualified, out-of-state, research expert[.]” … believe it may be inferred by a preponderance of the evidence for purposes of establishing prejudice that some well- qualified expert, local or otherwise, would have been available to testify at trial essentially as that

Rodriguez v. State

815 S.W.2d 717 · Court of Criminal Appeals of Texas · Jul 3, 1991

That majority opinion clearly points out that the defense was able to cast doubt on the credibility of the child complainant. … After establishing a factual predicate and over a timely objection, Brogden was permitted to opine that he found every element or phase of child sexual abuse syndrome present in the case.

Olivas, Raymond Edward

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.

Carter v. State

39 Tex. Crim. 345 · Court of Criminal Appeals of Texas · May 25, 1898

It is not necessary here to go into the details of our statute on the subject of the selection, organization, and impanelment of grand and petit juries; but a reference thereto will clearly show that the law is in perfect … But this, instead of relieving him of the necessity of pointing out his means of proof, it occurs to us would require a greater strictness in naming the witnesses by whom the allegations could be established.

Keen v. State

626 S.W.2d 309 · Court of Criminal Appeals of Texas · Jan 21, 1981

Thus, in Ex Parte Lefors, 171 Tex.Cr.R. 229 , 347 S.W.2d 254 , this Court declined to address the merits of the petitioner’s contention that the judge who presided over his theft trial was not qualified to be in office. … In finding that the search was not unreasonably broad in scope, the Court stated: “Clearly the ‘suspected place’ was the farmstead, not simply the house as the appellant contends.

Luttrell v. State

70 Tex. Crim. 183 · Court of Criminal Appeals of Texas · Apr 16, 1913

The name of the assaulted party was clearly shown to be, as alleged in the indictment, Edward Oscar Williams. … Clearly this evidence was admissible.