Texas Court of Criminal Appeals Decisions 2022

Cyr v. Texas (original by judge mcclure iii)  
Date: December 21, 2022
Docket Number: PD-0257-21

Justia Opinion Summary: In late June 2013, Appellant Danna Cyr and her husband, Justin Cyr, took their four-month-old child, J.D., to the emergency room in Lubbock. Upon their arrival, medical staff quickly discovered J.D. was suffering from…

Ex parte Phillip Dennis (original by judge newell)  
Date: December 21, 2022
Docket Number: WR-89,188-01

Justia Opinion Summary: The Texas Court of Criminal Appeals filed and set this application to determine the appropriate disposition in light of Applicant Phillip Dennis’ pleadings for post-conviction habeas relief. In 2017, Applicant was…

Sandoval v. Texas (original by presiding judge keller)  
Date: December 7, 2022
Docket Number: AP-77,081

Justia Opinion Summary: Appellant Gustavo Sandoval was charged with the capital murder of Javier Vega, Jr. (“Harvey”), by intentionally causing his death in the course of committing or attempting to commit robbery. A jury found Appellant…

Rios v. Texas (original by judge hervey)  
Date: December 7, 2022
Docket Number: PD-0441-21

Justia Opinion Summary: Appellant Saul Ranulfo Herrera Rios was convicted of continuous sexual abuse of a child. He appealed, arguing that he did not waive his federal constitutional right to a jury trial and that the state statutory procedures…

In re Texas ex rel. Smith (original by presiding judge keller)  
Date: December 7, 2022
Docket Number: WR-93,354-02

Justia Opinion Summary: A number of defendants in misdemeanor cases arising in Kinney County, Texas filed habeas applications in a district court in Travis County (the District Court). The District Court permitted those applications to remain…

Monjaras v. Texas (original by judge walker)  
Date: November 23, 2022
Docket Number: PD-0582-21

Justia Opinion Summary: After a trial court denied his suppression motion, Appellant Tairon Jose Monjaras pled guilty to unlawful possession of a firearm by a felon. He was sentenced to five years imprisonment. On appeal, Appellant argued the…

Ex parte Genovevo Salinas (original by judge yeary)  
Date: November 16, 2022
Docket Number: WR-90,982-01

Justia Opinion Summary: Applicant Genovevo Salinas Salinas appealed the denial of his application for habeas relief. He argued he received ineffective assistance of trial counsel at his second murder trial. The underlying offense involved the…

Texas v. Hardin (original by judge newell)  
Date: November 2, 2022
Docket Number: PD-0799-19

Justia Opinion Summary: A police officer stopped Shiela Hardin for committing the traffic offense of “failing to maintain a single marked lane of traffic” when he observed the right rear tire of her rented U-Haul touch and drive on the striped…

Rogers v. Texas (original by judge richardson)  
Date: October 26, 2022
Docket Number: PD-0242-19

Justia Opinion Summary: Appellant William Rogers was originally charged in a two-count indictment for Burglary of a Habitation predicated on either the intent to commit a felony, or attempting and having committed a felony. Count I alleged…

FUENTES, LISSETTE (original per curiam)
Date: October 12, 2022
Docket Number: WR-90,432-02
Ex parte Dennis Castillo (original by presiding judge keller)  
Date: October 12, 2022
Docket Number: WR-90,880-02

Justia Opinion Summary: The trial court’s certification form in this case displayed five checkboxes detailing five options regarding the right of appeal. Two options were checked, saying that the case “is a plea bargain case and the defendant…

Skinner v. Texas (original by judge hervey)  
Date: October 5, 2022
Docket Number: AP-77,046

Justia Opinion Summary: Appellant Henry Skinner was convicted of capital murder and sentenced to death. He filed numerous Chapter 64 motions seeking post-conviction DNA testing. Most recently, the convicting court found that he did not show ti…

Anastassov v. Texas (original by judge slaughter)  
Date: October 5, 2022
Docket Number: PD-0848-20

Justia Opinion Summary: In separate indictments, a grand jury charged Appellant Stoyan Anastassov with two instances of second-degree-felony indecency with a child by sexual contact. The indictments alleged that Appellant, a professional tennis…

Williams v. Texas (original by judge slaughter)  
Date: September 28, 2022
Docket Number: PD-0504-20

Justia Opinion Summary: Police organized a “controlled buy” of drugs wherein a confidential informant purchased crack cocaine from Appellant April Williams. Based on her sale of drugs to the informant, Appellant was indicted for delivery of a…

Ex parte Woods (original by presiding judge keller)  
Date: September 28, 2022
Docket Number: WR-93,208-01

Justia Opinion Summary: Applicant Floyd Woods was charged by two indictments with unlawful possession of a firearm by a felon. Each indictment alleged possession of a different firearm. The indictments alleged the same date for the offenses and…

Campbell v. Texas (original by judge slaughter)  
Date: September 21, 2022
Docket Number: PD-0449-21

Justia Opinion Summary: A jury convicted Appellant Phillip Campbell of murdering Alexandria Wright (“Jade”) by manual strangulation. In his testimony at trial, Appellant contended that on the night of Jade’s death, he and Jade had engaged in…

Ex parte Kibler (original by judge newell)  
Date: September 21, 2022
Docket Number: WR-91,197-02

Justia Opinion Summary: In 2002, a grand jury returned two indictments in two separate cases, each charging Applicant Jonathan Kibler with three counts of aggravated sexual assault of a child. Pursuant to a plea agreement, Applicant pleaded…

Perkins v. Texas (original by judge newell)  
Date: September 7, 2022
Docket Number: PD-0310-20

Justia Opinion Summary: Carroll Weathermon saw appellant Mickey Perkins standing over Lana Hyles who was on the ground. Weathermon did not know Hyles or Appellant prior to that day. She began honking her horn and saw Appellant grab Hyles by the…

Ex parte Cedric Richardson (original by judge yeary)  
Date: August 24, 2022
Docket Number: PD-0284-21

Justia Opinion Summary: At issue before the Texas Court of Criminal Appeals in this case was whether the doctrine of collateral estoppel precluded the State from prosecuting appellant Cedric Richardson for the aggravated assault of one victim…

Lang v. Texas (original by judge walker)  
Date: August 24, 2022
Docket Number: PD-1124-19

Justia Opinion Summary: Appellant Terri Lang was convicted of organized retail theft (ORT). The Texas Court of Criminal Appeals subsequently found the evidence insufficient to support Appellant’s ORT conviction and remanded the case to the…

Parker v. Texas (original by judge mcclure iii)  
Date: July 27, 2022
Docket Number: PD-0388-21

Justia Opinion Summary: Appellant Silas Parker was charged with possession with intent to deliver four hundred grams or more of a controlled substance, namely, psilocybin. Appellant contested the legality of the search warrant on the ground…

Jefferson v. Texas (original by presiding judge keller)  
Date: July 27, 2022
Docket Number: PD-0677-21

Justia Opinion Summary: Appellant Harold Jefferson was indicted for one count of sexual assault and one count of indecency with a child. The State amended the indictment to add two more sexual-assault counts. On appeal, Appellant argued the…

Osorio-Lopez v. Texas (original by judge hervey)  
Date: June 29, 2022
Docket Number: PD-0354-21

Justia Opinion Summary: The Texas Court of Criminal Appeals granted review in this case to determine whether the court of appeals erred when it held that a criminal defendant could never waive the right to counsel at a retrospective competency…

Joe v. Texas (original by judge keel)  
Date: June 22, 2022
Docket Number: PD-0268-21

Justia Opinion Summary: Appellant Darryl Joe was charged with and convicted of cargo theft. He challenged the legal sufficiency of the evidence to support his conviction, arguing that the goods were not cargo, he was never in possession of the…

Nawaz v. Texas (original by judge yeary)  
Date: June 22, 2022
Docket Number: PD-0408-21

Justia Opinion Summary: Appellant Syed Nawaz was convicted on two counts of injury to a child, but under different subsections of Texas Penal Code Section 22.04: 22.04(a)(1) and 22.04(a)(2). Appellant argued on appeal that his two convictions…

Romo v. Texas (original by presiding judge keller)  
Date: June 15, 2022
Docket Number: PD-0456-21

Justia Opinion Summary: For his possession of a video that represented itself as a French nudist documentary, Appellant Carlos Romo, Jr. was convicted of possession of child pornography. The issue before the Texas Court of Criminal Appeals was…

Ex parte Richard Rivers (original by judge mcclure iii)  
Date: May 18, 2022
Docket Number: WR-44,786-06

Justia Opinion Summary: Applicant Richard Rivers was serving two sentences that involved Texas’ mandatory supervision statute in both its automatic and discretionary forms. The question his appeal presented for the Texas Court of Criminal…

Texas v. Baldwin (original by judge mcclure iii)  
Date: May 11, 2022
Docket Number: PD-0027-21

Justia Opinion Summary: During a capital murder investigation, investigators obtained a search warrant for Appellee John Baldwin’s phone pursuant to Texas Code of Criminal Procedure article 18.0215(c)(5)(B). In a motion to suppress, Appellee…

David v. Texas (original by judge hervey)  
Date: May 11, 2022
Docket Number: PD-0307-21

Justia Opinion Summary: Appellant Sholomo David was indicted for third-degree felony tampering with physical evidence. The State’s theories were that Appellant “altered,” “concealed,” or “destroyed” marijuana when he dumped it into a toilet…

Mason v. Texas (original by judge mcclure iii)  
Date: May 11, 2022
Docket Number: PD-0881-20

Justia Opinion Summary: In 2018, Appellant Crystal Mason was convicted of illegal voting, then a second-degree felony, and sentenced to five years’ confinement. Appellant filed a petition for discretionary review to the Texas Court of Criminal…

Stredic v. Texas (original by presiding judge keller)  
Date: May 11, 2022
Docket Number: PD-1035-20

Justia Opinion Summary: Appellant Vincent Stredic was tried by jury, accused of murder. During deliberations, jurors disagreed about certain testimony. By statute, testimony may be read back on a point on which the jurors disagree. But instead…

Martell v. Texas (original by judge slaughter)  
Date: May 11, 2022
Docket Number: PD-1234-20

Justia Opinion Summary: After Appellant Mario Martell was placed on deferred adjudication community supervision for a third-degree felony drug offense, he stopped reporting to his probation officer and was considered an absconder. Nearly twenty…

Ex parte Maurice Edwards (original by judge keel)  
Date: May 4, 2022
Docket Number: PD-1092-20

Justia Opinion Summary: In 2017 Appellant Maurice Edwards was indicted for aggravated sexual assault alleged to have been committed in 2003. He filed an application for pretrial habeas corpus seeking dismissal of the charge as barred by the…

Wade v. Texas (original by judge newell)  
Date: April 6, 2022
Docket Number: PD-0157-20

Justia Opinion Summary: After biting off his ex-wife’s new boyfriend’s earlobe, Appellant Robert Wade, III was charged with aggravated assault by causing serious bodily injury. During his trial, Appellant testified that, in his opinion, biting…

Chambers v. Texas (original by judge richardson)  
Date: April 6, 2022
Docket Number: PD-0424-19

Justia Opinion Summary: Appellant Larry Chambers, Jr. was convicted by jury of possession of a controlled substance after a police officer found drugs during a traffic stop. The officer claimed he initiated the stop because Appellant’s truck…

Ex parte Nathan Sanders (original by judge walker)  
Date: April 6, 2022
Docket Number: PD-0469-19

Justia Opinion Summary: Appellant Nathan Sanders was charged with violating Texas Penal Code section 42.07(a)(7), the electronic harassment statute. Appellant filed a pre-trial application for habeas corpus relief on the basis that the statute…

Ex parte Leonardo Nuncio (original by judge walker)  
Date: April 6, 2022
Docket Number: PD-0478-19

Justia Opinion Summary: Appellant Leonardo Nuncio was charged with violating Texas Penal Code section 42.07(a)(1), the obscene harassment statute. Appellant filed a pre-trial application for writ of habeas corpus on the basis that the statute…

Ex parte Charles Barton (original by judge walker)  
Date: April 6, 2022
Docket Number: PD-1123-19

Justia Opinion Summary: Appellant Charles Barton was charged with violating Texas Penal Code section 42.07(a)(7), the electronic harassment statute. Appellant filed a motion to quash the information, arguing that the statute was…

Gutierrez v. Texas (original by judge yeary)  
Date: March 30, 2022
Docket Number: AP-77,102

Justia Opinion Summary: Appellant Ruben Gutierrez planned and, with two accomplices, committed the robbery and murder of eighty-five-year-old Escolastica Harrison, the owner of a mobile-home park in Brownsville. After his conviction was…

Alcoser v. Texas (original by judge hervey)  
Date: March 30, 2022
Docket Number: PD-0166-20

Justia Opinion Summary: Appellant Danny Alcoser was convicted of family violence assault with a prior conviction, endangering a child, and interference with an emergency request for assistance. He appealed, arguing that he was entitled to a new…

Patterson v. Texas (original by presiding judge keller)  
Date: March 30, 2022
Docket Number: PD-0322-21

Justia Opinion Summary: In the early morning hours of August 20, 2016, police and medics responded to multiple emergency calls regarding a drug overdose at the Texas A&M Sigma Nu fraternity house. Callers said that they saw drugs and that…

Valadez v. Texas (original by judge keel)  
Date: March 30, 2022
Docket Number: PD-0574-19

Justia Opinion Summary: During the guilt phase of Appellant Adrian Valadez’s jury trial for third-degree possession of marihuana, the trial court admitted over various defense objections evidence of extraneous drug incidents. The jury found…

Spillman v. Texas (original by judge walker)  
Date: March 30, 2022
Docket Numbers: PD-0695-20, PD-0696-20, PD-0697-20

Justia Opinion Summary: Appellant David Spillman, Jr. was convicted by jury of two counts of assault of a public servant and one count of possession of methamphetamine. The court of appeals affirmed his convictions. The Texas Court of Criminal…

Ratliff v. Texas (original by judge mcclure iii)  
Date: March 16, 2022
Docket Number: PD-0545-20

Justia Opinion Summary: Appellant Kevin Ratliff, the Llano chief of police, was convicted by a jury of two counts of official oppression (a third-degree felony), and one count of the misdemeanor offense of tampering with a governmental record.…

Gonzales v. Texas (original per curiam)  
Date: March 3, 2022
Docket Number: AP-77,104

Justia Opinion Summary: Appellant Michael Gonzales appealed a trial court order denying his motion for post-conviction DNA testing filed pursuant to Texas Code of Criminal Procedure Chapter 64.1 Specifically, the trial court determined that…

Garcia v. Texas (original by judge keel)  
Date: March 2, 2022
Docket Number: PD-0025-21

Justia Opinion Summary: Appellant Daniel Garcia was convicted by jury of aggravated sexual assault. He was sentenced to twelve years’ imprisonment and ordered him to pay $1,000 in restitution to the Office of the Attorney General. The court of…

Swinney v. Texas (original by judge keel)  
Date: March 2, 2022
Docket Numbers: PD-0217-21, PD-0216-21

Justia Opinion Summary: The issue this case presented for the Texas Court of Criminal Appeals was an ineffective-assistance-of-counsel claim stemming from allegedly bad advice about probation eligibility. Specifically, the issue was the measure…

Ex parte Joseph Colone (other per curiam)  
Date: March 2, 2022
Docket Number: WR-89,538-01

Justia Opinion Summary: In May 2017, a jury convicted Applicant Joseph Colone of capital murder, murder of more than one person during the same criminal transaction. From this, he was sentenced to death. As was noted in the Texas Court of…

Ex parte Ray Hicks (original by judge mcclure iii)  
Date: February 16, 2022
Docket Number: WR-93,188-01

Justia Opinion Summary: Applicant Ray Hicks pled guilty to attempted forgery of a government instrument in 2013 and was sentenced, under a plea agreement, to 180 days of confinement in a state jail facility. Applicant filed this application for…

Pham v. Texas (original by presiding judge keller)  
Date: February 9, 2022
Docket Number: PD-0287-20

Justia Opinion Summary: Before the Texas Court of Criminal Appeals were two distinct issues, one at the guilt stage and one at the punishment stage. The guilt stage issue was whether Appellant Happy Pham was entitled to a “threat of deadly…

Holder v. Texas (original by judge yeary)  
Date: February 2, 2022
Docket Number: PD-0026-21

Justia Opinion Summary: In the course of Appellant Christopher Holder’s capital murder trial, the State admitted evidence of his cell-phone site location information (CSLI) to establish his whereabouts during the weekend in which the offense…

Shumway v. Texas (original by judge newell)  
Date: February 2, 2022
Docket Number: PD-0109-20

Justia Opinion Summary: Appellant Bradley Shumway voluntarily confessed to his pastor and then later to his wife: he pushed aside a pre-verbal, seventeen-month-old infant’s diaper and touched her genital region with his hands, mouth, and penis.…

Laws v. Texas (original by judge hervey)  
Date: February 2, 2022
Docket Number: PD-1124-20

Justia Opinion Summary: Appellant Jace Laws was charged with two counts of assaulting a peace officer. When defense counsel received the proposed jury charge, he learned that the judge intended to require an alternate juror to retire with the…

Witcher v. Texas (original by presiding judge keller)  
Date: January 26, 2022
Docket Number: PD-0034-21

Justia Opinion Summary: Appellant Cornell Witcher was convicted of continuous sexual abuse of a child. Holding that the evidence was insufficient to support the conviction, the court of appeals reversed the judgment. The question in this case…

Texas v. Garcia (original by judge newell)  
Date: January 26, 2022
Docket Number: PD-0183-21

Justia Opinion Summary: In November 1998, Appellee Leonardo Garcia pleaded guilty to misdemeanor theft. In May 2007, he pleaded guilty to another misdemeanor theft charge. On that charge, he was sentenced to ten days in jail with three days…

Rubio v. Texas (original by judge yeary)  
Date: January 26, 2022
Docket Number: PD-0234-20

Justia Opinion Summary: In 2018, Appellant Christopher Rubio was convicted by a jury of the capital murder of the mother of his children and her new boyfriend. Because the State had not sought the death penalty, Appellant was automatically…

Pugh v. Texas (original by judge newell)  
Date: January 26, 2022
Docket Number: PD-1053-19

Justia Opinion Summary: The State sought to illustrate the testimony of an accident reconstruction expert along with testimony regarding other forensic evidence with a series of computer animations. The three computer animations at issue each…

Ex parte Aaron Matthews (original per curiam)  
Date: January 26, 2022
Docket Number: WR-91,731-01

Justia Opinion Summary: In 2013, Applicant Aaron Matthews pled guilty to delivery of a controlled substance, namely cocaine, in an amount less than one gram, a state jail felony offense. He was sentenced to 180 days. In 2019, Applicant was…

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