IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-0628-12 RODNEY GALE UNKART, Appellant v. THE STATE OF TEXAS ON STATE’S PETITION FOR DISCRETIONARY REVIEW FROM THE ELEVENTH COURT OF APPEALS PALO PINTO COUNTY During voir dire, the trial judge … Continue reading
IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. AP-76,763 & AP-76,764 Ex parte JESUS DE LEON, Applicant ON APPLICATIONS FOR HABEAS CORPUS CAUSE NOS. 06-CR-0405-G & 06-CR-2746-G IN THE 404TH DISTRICT COURT FROM CAMERON COUNTY The plea agreement provided … Continue reading
In June 2011, a jury convicted Teddrick Batiste of capital murder for the robbery and murder of Horace Lee Holiday. (1) Based on the jury’s answers to the special issues set forth in Texas Code of Criminal Procedure Article 37.071, … Continue reading
On occasion, courts fall into using incorrect terminology, and the incorrect terminology then becomes imbedded in the case law. Thereafter, it continues to bedevil, confuse, and mislead. And, if the problem arises in a superior court, use of the incorrect … Continue reading
IN THE COURT OF CRIMINAL APPEALS OF TEXAS NOS. AP-76,801 & AP-76,802 EX PARTE WILLIAM CHARLES DENTON, Applicant ON APPLICATIONS FOR WRIT OF HABEAS CORPUS FROM HENDERSON COUNTY The present case involves an exceedingly complex double-jeopardy question, with only limited, … Continue reading
I join in the Court’s opinion. I agree that appellant’s trial attorney was not ineffective for failing to request a jury instruction on the statutory mistake-of-fact defense for two distinct reasons: (1) It is not at all clear that appellant … Continue reading
Let’s face it. This jury (1) did not read the Article 38.23 jury instructions; (2) did read the instructions, but did not understand what they really said, and therefore ignored them; or (3) did read the instructions, knew that they … Continue reading
IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-1522-11 JAMES HENRY GELINAS, Appellant v. THE STATE OF TEXAS ON STATE’S PETITION FOR DISCRETIONARY REVIEW FROM THE EIGHTH COURT OF APPEALS EL PASO COUNTY I join the Court’s opinion. To … Continue reading
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
I agree that the offense of falsely holding oneself out as a lawyer contains only one culpable mental state, the intent to obtain an economic benefit. (1) I also agree that the trial judge did not err by instructing the … Continue reading
IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-1584/1585-11 MAURICIO CELIS, Appellant v. THE STATE OF TEXAS ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW FROM THE THIRTEENTH COURT OF APPEALS NUECES COUNTY I write separately to respond to Judge Cochran’s … Continue reading
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
I join the majority opinion. I agree that this Court must reverse the judgment of the court of appeals and remand the case of Robert Randall Krause, appellant. I write separately, however, to explain (1) why statutory provisions outside of … Continue reading
There seems to be confusion on the meanings of “emergency medical services” (EMS) and “emergency medical technician” (EMT). The governing statute is Health and Safety Code Chapter 773, which “may be cited as the Emergency Health Care Act.” Id. at … Continue reading
IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-0159-12 GREGG CARL BAIRD, Appellant v. THE STATE OF TEXAS ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW FROM THE TENTH COURT OF APPEALS BRAZOS COUNTY I agree with the Court’s analysis of … Continue reading
I agree with the Court’s resolution of the plain-view and community-caretaking issues and readily join those facets of the Court’s opinion. (1) I do not join the Court’s standing analysis, however, because I believe the Court has misconceived the issue. … Continue reading
I agree that the trial judge did not err when he instructed the jury on the “unknown” manner and means of committing murder. I write separately because I believe that this area of law has become overly formalististic and divorced … Continue reading
IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-1889-11 DAVID LEN MOULTON, Appellant v. THE STATE OF TEXAS ON STATE’S PETITION FOR DISCRETIONARY REVIEW FROM THE SIXTH COURT OF APPEALS CASS COUNTY I agree that the trial judge was … Continue reading
Although I join the Court’s opinion, I do so somewhat hesitantly, if only because I am not wholly certain I understand what the Court means when it requires “affirmative evidence to support a rational inference that the murder was committed … Continue reading
I join the majority opinion. I write separately only to elaborate on why the error in admitting Nichole Payne’s out-of-court statements to her best friend, Sarah Hawthorne, was harmful. Sarah’s testimony that Nichole (1) told her that appellant had threatened … Continue reading