IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-1424-12 THE STATE OF TEXAS V. DANIEL ZALMAN, Appellee ON STATE’S PETITION FOR DISCRETIONARY REVIEW FROM THE THIRTEENTH COURT OF APPEALS WHARTON COUNTY Womack, J. delivered the opinion of the Court … Continue reading
Appellee, an undocumented alien seeking to remain eligible for “cancellation of removal” from the United States, (1) filed a motion to vacate his 1998 deferred-adjudication misdemeanor judgment for possession of less than two ounces of marijuana. The motion alleged that … Continue reading
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-76,971 Ex parte ROBERT WAYNE WHITE, Applicant ON APPLICATION FOR A WRIT OF HABEAS CORPUS IN CAUSE NO. 30,545-B IN THE 124TH DISTRICT COURT GREGG COUNTY Applicant was denied bail on … Continue reading
Applicant, Jesus De Leon, filed these applications for writ of habeas corpus brought pursuant to Article 11.07 of the Texas Code of Criminal Procedure. Pursuant to plea agreements, Applicant pled guilty to one count of aggravated sexual assault of a … Continue reading
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
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
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
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
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
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
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
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
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
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
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
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
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
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