Category Archives: Published

PD-1236-12 DAVISON, ANTHONY RAY FROM WALKER COUNTY – 11-10-00301-CR – Pub.

In three grounds for review, the appellant contends that the court of appeals erred to hold that 1) error in the failure to administer one of the admonishments of Article 26.13 of the Texas Code of Criminal Procedure was harmful … Continue reading →

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AP-76,801 DENTON, EX PARTE WILLIAM CHARLES FROM HENDERSON COUNTY – Pub.

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NOS. AP-76,801 and AP-76,802 EX PARTE WILLIAM CHARLES DENTON, Applicant ON APPLICATIONS FOR WRIT OF HABEAS CORPUS FROM HENDERSON COUNTY O P I N I O N In each of two causes, … Continue reading →

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PD-0207-12 OKONKWO, CHIDIEBELE GABRIEL FROM FORT BEND COUNTY – 14-11-00037-CR – Rev. – Pub.

The State’s petition for discretionary review asks whether trial counsel for Chidiebele Gabriel Okonkwo, appellant, rendered ineffective assistance by failing to request a jury instruction on the defense of mistake of fact. (1) Answering this question in the affirmative, the … Continue reading →

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PD-1522-11 GELINAS, JAMES HENRY FROM EL PASO COUNTY – 08-09-00246-CR – Rev. – Pub. – Concurrence. – Dissent.

The State asks us to overrule Hutch v. State (1) upon which the lower court relied in finding that Gelinas suffered egregious harm from an erroneous jury instruction. Upon review, we believe Hutch was flawed and produces unjust results, and … Continue reading →

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PD-1584-11 CELIS, MAURICIO RODRIGUEZ FROM NUECES COUNTY – 13-09-00477-CR – Pub. – Concurrence.

In deciding the petition for discretionary review filed by Mauricio Celis, appellant, we address three jury-charge complaints. First, we determine that the offense of falsely holding oneself out as a lawyer, as it applies here, does not require an instruction … Continue reading →

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PD-0039-12 BONDS, MICHAEL RAY FROM MONTAGUE COUNTY – 02-11-00086-CR – Pub.

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-0039-12 MICHAEL RAY BONDS, Appellant v. THE STATE OF TEXAS ON APPELLANT’S MOTION FOR REHEARING DISSENTING STATEMENT The court of appeals got it right in this case. The warrant was not … Continue reading →

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PD-1340-12 STATE OF TEXAS V. COPELAND, SHIRLEY FROM VICTORIA COUNTY – 13-11-00701-CR – Rev. – Pub.

Is a vehicle a mobile “castle” so that passengers are treated the same as tenants who may disallow police to search a residence after a fellow tenant has consented to the search? Concluding that it is not, we decline to … Continue reading →

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PD-0819-12 KRAUSE, ROBERT RANDALL FROM HARRIS COUNTY – 14-11-00884-CR – Rev. – Pub.

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-0819-12 ROBERT RANDALL KRAUSE, Appellant v. THE STATE OF TEXAS ON STATE’S PETITION FOR DISCRETIONARY REVIEW FROM THE FOURTEENTH COURT OF APPEALS HARRIS COUNTY After appellant was arrested for driving while … Continue reading →

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PD-0613-12 DANSBY, MICHAEL EDWARD SR. FROM KAUFMAN COUNTY – 05-10-00866-CR – Rev. – Pub. – Dissent.

The appellant argued on direct appeal that his deferred adjudication community supervision was revoked unconstitutionally as a penalty for invoking his Fifth Amendment privilege against self-incrimination by refusing to answer questions during the course of a court-imposed sexual history polygraph … Continue reading →

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PD-0159-12 BAIRD, GREGG FROM BRAZOS COUNTY – 10-10-00297-CR – Pub.

The appellant hired Dawn Killian to stay at his home and care for his dog while he was away on vacation. During her stay, Killian used the appellant’s computer in his master bedroom and found child pornography. At a pre-trial … Continue reading →

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AP-76,800 PEREZ, EX PARTE ALBERTO GIRON FROM COTTLE COUNTY – Pub. – Dissent.

In this case, we alter the parameters of the equitable doctrine of laches as it applies to bar a long-delayed application for a writ of habeas corpus. Recognizing that our current approach to laches in the habeas corpus context has … Continue reading →

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PD-0649-12 ENYONG, EX PARTE KUFREABASI ITA FROM HARRIS COUNTY – 01-11-00943-CR – Rev. – Pub.

Pursuant to a plea agreement, the Appellant pled guilty in 2010 to assault and violation of a protective order. He subsequently filed an application for a writ of habeas corpus claiming that his counsel provided ineffective assistance by failing to … Continue reading →

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PD-0771-12 STATE OF TEXAS V. DURAN, ANTHONY FROM EL PASO COUNTY – 08-10-00365-CR – Rev. – Pub.

When Anthony Duran made a left-hand turn in front of a speeding police car, the police officer braked, turned to follow, pulled Mr. Duran’s car over, and eventually arrested him for DWI. Mr. Duran filed a motion to suppress, claiming … Continue reading →

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PD-0233-12 STATE OF TEXAS V. ROSSEAU, ROBERT LOUIS FROM BEXAR COUNTY – 04-10-00866-CR – Pub.

This is a pretrial appeal. In his petition for discretionary review, Robert Louis Rosseau, appellee, challenges the judgment of the court of appeals that reversed the trial court’s order quashing a portion of the indictment. See State v. Rosseau, No. … Continue reading →

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PD-1221-12 STATE OF TEXAS V. BETTS, TONY FROM NAVARRO COUNTY – 10-11-00419-CR – Pub.

Appellee, Tony Tyrell Betts, was indicted for cruelty to animals. See Tex. Penal Code § 42.09. The trial court granted Appellee’s motion to suppress, which complained of a warrantless search and seizure. The Waco Court of Appeals affirmed the trial … Continue reading →

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PD-1909-11 BAYS, MICHAEL JAY FROM GREGG COUNTY – 06-10-00115-CR – Pub.

On the State’s petition for discretionary review, we determine that Article 38.072 of the Texas Code of Criminal Procedure, the outcry statute, is a hearsay exception statutorily limited to live testimony of the outcry witness. (1) See Tex. Code Crim. … Continue reading →

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PD-0282-12 JONES, CHRISTINA CARLETTA FROM DALLAS COUNTY – 05-10-01561-CR – Pub.

Christina Jones claims that her conviction for fraudulent use or possession of identifying information violated the doctrine of in pari materia because that statute conflicts with the statute defining the offense of failure to identify, carrying a lower penalty. Because … Continue reading →

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PD-1280-11 BURT, LEMUEL CARL FROM DALLAS COUNTY – 05-09-00116-CR – Rev. – Pub.

A jury convicted appellant of misapplication of fiduciary property and assessed appellant’s punishment at 14 years’ incarceration and a $10,000 fine. The trial court orally pronounced this sentence on January 15, 2009, after which the trial court commented to the … Continue reading →

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AP-76,959 DANIEL, EX PARTE JEFFERIE ANTERIES FROM BEXAR COUNTY – Pub.

This case concerns a bill of costs purporting to order the reimbursement of attorney fees some nine years after judgment was entered against the applicant. It comes before us in the guise of a post-conviction application for writ of habeas … Continue reading →

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PD-0388-12 TURRUBIATE, MARCOS FROM BEXAR COUNTY – 04-10-00744-CR – Rev. – Pub. – Dissent.

I. Background An investigator with the Texas Department of Family and Protective Services, Christopher Lopez, went to the home of Marcos Turrubiate, appellant, to investigate allegations of marijuana use at that home, in which lived the six-month-old child of Erin … Continue reading →

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