Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. … Continue reading
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. … Continue reading
Relator has filed a motion for leave to file an application for a writ of mandamus pursuant to the original jurisdiction of this Court. In it, he contends that on June 16, 2010 and January 19, 2011, he filed motions … Continue reading
This is a post-conviction application for writ of habeas corpus filed pursuant to the provisions of Texas Code of Criminal Procedure Article 11.071. In March 1998, a jury convicted Applicant of the offense of capital murder. The jury answered the … 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
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
I find no reason to disavow Hutch v. State, 922 S.W.2d 166 (Tex. Crim. App. 1996). It correctly followed the dictates of Almanza v. State, 686 S.W.2d 157 (Tex. Crim. App. 1985) (op. on reh’g), which is still the standard … Continue reading
The court of appeals did not regard the plurality opinion in Hutch to be of binding precedential value, (1) but nevertheless found it to be persuasive authority and opted to follow it. (2) I also find at least aspects of … Continue reading
I have always loved great theater and this case has all the makings of a Tony Award winner. On stage right we have Judge Keasler and the plurality sterilizing Charlie Baird’s plurality opinion in Hutch v. State, 922 S.W.2d 166 … 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
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
Clifton Dewayne Harvin, applicant, filed an application for a writ of habeas corpus challenging his conviction for aggravated sexual assault of a child, for which he is currently serving a 60-year prison sentence. See Tex. Code Crim. Proc. art. 11.07. … Continue reading
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. … Continue reading
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. … Continue reading
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. … Continue reading