Texas Court of Criminal Appeals Decisions 2018

French v. Texas (original by judge yeary)  
Date: December 19, 2018
Docket Number: PD-0038-18

Justia Opinion Summary: The Court of Appeals reversed appellant Cody French’s conviction for the aggravated sexual assault of a child. The appellate court held the trial court erred in not giving a unanimity instruction to the jury as to which…

Braughton v. Texas (original by judge alcala)  
Date: December 19, 2018
Docket Number: PD-0907-17

Justia Opinion Summary: Christopher Braughton was convicted of murder. On appeal, he challenged the sufficiency of the evidence presented against him, and argued the trial court erred in instructing the jury by omitting a lesser-included…

Ex parte Steven Chaney (original by judge hervey)  
Date: December 19, 2018
Docket Number: WR-84,091-01

Justia Opinion Summary: Applicant Steven Chaney was convicted of murder and was sentenced to life imprisonment and fined $5,000. His conviction was affirmed on appeal. He claimed he was entitled to relief because: (1) new scientific evidence…

Ritcherson v. Texas (original by judge hervey)  
Date: December 12, 2018
Docket Number: PD-0021-17

Justia Opinion Summary: This case involved a stabbing after an Austin nightclub closed for the evening. The victim was at the club with her friend and her friend's boyfriend. The boyfriend got into an argument with Appellant's friend. Appellant…

Texas v. Garcia (original by judge keasler)  
Date: December 12, 2018
Docket Number: PD-0344-17

Justia Opinion Summary: Following a car crash, Appellee Joel Garcia was taken to a nearby hospital. Law-enforcement officers, suspecting that Garcia was intoxicated and concerned that he might soon receive an intravenous treatment, took a…

Ex parte David Wood (original by presiding judge keller)  
Date: December 12, 2018
Docket Number: WR-45,746-02

Justia Opinion Summary: Applicant David Wood filed a subsequent application claiming that he was exempt from the death penalty due to intellectual disability, and that due process required that he be given tools and a hearing to more fully…

Jenkins v. Texas (original by judge richardson)  
Date: December 5, 2018
Docket Number: PD-0086-18

Justia Opinion Summary: On the second day of his trial for continuous trafficking of persons, Appellant Deondre Jenkins moved to dismiss his case. Citing to the Texas Court of Criminal Appeals' 1995 decision in Cook v. Texas, 902 S.W.2d 471,…

Lang v. Texas (original by judge alcala)  
Date: November 21, 2018
Docket Number: PD-0563-17

Justia Opinion Summary: Appellant Terri Lang challenged the sufficiency of the evidence to support her conviction after she was caught attempting to steal items from a grocery store. The issue in this case was whether the statute defining the…

In re Texas ex rel. Brian Wice v. 5th Judicial District Court of Appeals (original by judge newell)  
Date: November 21, 2018
Docket Number: WR-86,920-02

Justia Opinion Summary: The issue this case presented for the Court of Criminal Appeals’ review centered on whether a trial court could pay an appointed prosecutor at an hourly rate even though the fee schedule approved by the judges of the…

Turner v. Texas (original by presiding judge keller)  
Date: November 14, 2018
Docket Number: AP-76,580

Justia Opinion Summary: Appellant Albert Turner was convicted of capital murder for killing his wife and mother-in-law during the same criminal transaction. The jury answered the special issues in such a manner that Appellant was sentenced to…

CAULEY, OTTO Appeal from 1A District Court of Newton County (other per curiam)
Date: November 14, 2018
Docket Number: WR-87,828-02
Johnson v. Texas (original by judge keel)  
Date: November 7, 2018
Docket Number: PD-0197-17

Justia Opinion Summary: A jury convicted Appellant Dondre Johnson of two counts of theft of money between $1,500 and $20,000 and assessed his punishment in each case at the maximum of two years in the state jail and a fine of $10,000. In a…

Traylor v. Texas (original by judge newell)  
Date: November 7, 2018
Docket Number: PD-0967-17

Justia Opinion Summary: During Appellant Peter Traylor’s trial for first-degree burglary with a deadly weapon, the jury sent out a note stating that it unanimously agreed that Appellant was not guilty of the offense. However, the jury also…

Texas v. Waters (original by judge alcala)  
Date: October 31, 2018
Docket Number: PD-0792-17

Justia Opinion Summary: In October 2015, while Appellee Amanda Waters was on community supervision for an offense, she was arrested for DWI. Based on her arrest, the State filed a motion to revoke her community supervision, alleging, among…

Golliday v. Texas (original by presiding judge keller)  
Date: October 31, 2018
Docket Number: PD-0812-17

Justia Opinion Summary: At his trial for sexual assault, Appellant Joshua Golliday sought to cross-examine the complainant and a sexual assault nurse examiner. He informed the trial court of the substance of the expected testimony and argued,…

In re Texas ex rel. Wesley Mau (original by judge yeary)  
Date: October 31, 2018
Docket Number: WR-87,818-01

Justia Opinion Summary: Jose Rivera, Jr., the real party in interest, was charged by information with the misdemeanor offense of family-violence assault for punching or choking his younger brother. Although the defendant originally pled not…

Jacobs v. Texas (original by judge keasler)  
Date: October 10, 2018
Docket Number: PD-1411-16

Justia Opinion Summary: At his trial for the sexual assault of a minor, appellant Joshua Jacobs sought to ask during jury selection whether a potential juror whether, if they knew that he had previously been convicted of a “sexual offense,”…

Marks v. Texas (original by presiding judge keller)  
Date: October 3, 2018
Docket Number: PD-0550-17

Justia Opinion Summary: Appellant was charged in three indictments with acting as a guard company without a license. The indictments, which alleged the same conduct on three separate dates, were later amended to charge him with accepting…

Ex parte Fineberg (original by judge richardson)  
Date: October 3, 2018
Docket Number: PD-1025-17

Justia Opinion Summary: Appellant applied for habeas relief to challenge the trial court’s modification to the conditions of her community supervision that precluded Appellant from having any access to her own minor children. The trial court…

Briggs v. Texas (original by judge richardson)  
Date: October 3, 2018
Docket Number: PD-1359-17

Justia Opinion Summary: Appellant Sandra Briggs pled no contest to intoxication manslaughter of a peace officer. She claimed in a motion for new trial that her plea was involuntary because case law decided after she pled would have changed her…

Ex parte Chavez (original by presiding judge keller)  
Date: October 3, 2018
Docket Number: WR-68,051-03

Justia Opinion Summary: Applicant’s ankles were shackled at trial. He claimed two jurors saw him in the shackles during the punishment stage, and this denied him due process and a fair trial. He also contended his trial and appellate attorneys…

Smith v. Texas (original by judge newell)  
Date: September 26, 2018
Docket Number: PD-0514-17

Justia Opinion Summary: Appellant Fernando Smith filed a notice of appeal after he was adjudicated and sentenced in open court. While his appeal was pending (and before he filed his brief), Smith filed a motion for shock probation. When the…

Carson v. Texas (original by judge newell)  
Date: September 19, 2018
Docket Number: PD-0206-17

Justia Opinion Summary: Appellant Gary Carson was charged with three counts of assault on a public servant and three counts of bail jumping. After Appellant agreed to waive his right to appeal, the State agreed to waive its right to a jury…

Ette v. Texas (original by judge alcala)  
Date: September 19, 2018
Docket Number: PD-0538-17

Justia Opinion Summary: In his petition for discretionary review, appellant Eddie Ette challenged the court of appeals' judgment upholding the imposition of a $10,000 fine assessed as part of his punishment for misapplication of fiduciary…

Ex parte Garrels (original by judge keasler)  
Date: September 19, 2018
Docket Number: PD-0710-17

Justia Opinion Summary: Appellant Elizabeth Garrels was charged by information with the misdemeanor offense of driving while intoxicated (DWI). She was tried by jury. The State’s first witness was Trooper Christopher Lucchese with the Texas…

Hernandez v. Texas (original by judge hervey)  
Date: September 19, 2018
Docket Number: PD-1049-16

Justia Opinion Summary: Appellant Teodoro Hernandez was charged with aggravated assault with a deadly weapon and family-violence assault by strangulation. The evidence showed that Hernandez struck the victim on her head or body and that he…

Wood v. Texas (original by judge richardson)  
Date: September 19, 2018
Docket Number: PD-1100-17

Justia Opinion Summary: Appellant Cynthia Wood was indicted for the attempted capital murder of her son, K.W. Wood attempted to suffocate the child twice while he laid in the hospital, brought in because he allegedly stopped breathing while at…

Ingerson v. Texas (original by judge hervey)  
Date: September 19, 2018
Docket Number: PD-1445-16

Justia Opinion Summary: Appellant Fred Earl Ingerson III was convicted of capital murder for killing Robyn Richter and Shawna Ferris. The bodies of Richter and her friend Ferris, were found in Richter’s vehicle outside of a Japanese restaurant…

Beham v. Texas (original by judge keasler)  
Date: September 12, 2018
Docket Number: PD-0638-17

Justia Opinion Summary: Roderick Beham posted several pictures on Facebook in which he appeared to “hold[] himself out as” a gang member. These pictures were shown in a punishment hearing as evidence of Beham’s character, and a law-enforcement…

Arroyo v. Texas (original by presiding judge keller)  
Date: September 12, 2018
Docket Number: PD-0797-17

Justia Opinion Summary: Appellant was a family friend whom K.E. (victim) considered to be an “uncle.” On previous occasions, Appellant had twirled K.E.’s hair, rubbed her neck, and rubbed her arms. When K.E. was nine years old, her grandfather…

Nisbett v. Texas (original by presiding judge keller)  
Date: June 27, 2018
Docket Numbers: PD-0041-17, PD-0503-17

Justia Opinion Summary: Appellants Rex Nisbett and George Delacruz were convicted of murder in unrelated trials. The cases were factually unrelated, however, there were many factual similarities between the two, including that, in each case,…

Rogers v. Texas (original by judge keel)  
Date: June 27, 2018
Docket Number: PD-0498-17

Justia Opinion Summary: A jury convicted Appellant William Rogers of aggravated assault and burglary of a habitation with commission or attempted commission of aggravated assault. The court of appeals vacated the aggravated assault conviction…

Texas v. Hanson (original by judge hervey)  
Date: June 27, 2018
Docket Number: PD-0948-17

Justia Opinion Summary: A trial court entered two orders granting shock probation. The orders were identical except that the second order was styled as an “Amended Order,” containing additional findings of fact, and it was signed at a later…

Niles v. Texas (original by judge newell)  
Date: June 13, 2018
Docket Number: PD-0235-17

Justia Opinion Summary: Scott Niles, a firefighter, was charged by information with two counts of Terroristic Threat - Class A, for threatening his fellow firefighters. He was arraigned, tried, convicted, and sentenced on the two Class A…

White v. Texas (original by judge richardson)  
Date: June 13, 2018
Docket Number: PD-0442-17

Justia Opinion Summary: Appellant Brian White was convicted of one count of engaging in organized criminal activity and one count of money laundering. The trial court assessed his punishment at ten years imprisonment for each count, suspended…

Lee v. Texas (original by judge yeary)  
Date: June 13, 2018
Docket Number: PD-0736-17

Justia Opinion Summary: The Court of Appeals reversed Appellant John Lee's conviction for misdemeanor driving while intoxicated. The court of appeals held that the trial court abused its discretion in failing to grant his motion for mistrial.…

Zuniga v. Texas (original by judge alcala)  
Date: June 6, 2018
Docket Number: PD-0174-17

Justia Opinion Summary: Appellant Ricardo Zuniga was convicted of two counts of engaging in organized criminal activity and one count of capital murder based on his participation in a shooting that caused the deaths of two individuals. On…

Bien v. Texas (original by judge newell)  
Date: June 6, 2018
Docket Number: PD-0365-16

Justia Opinion Summary: Appellant Michael Bien hired an undercover officer to kill his ex-wife’s brother. Based on his efforts, Appellant was charged with and convicted of two crimes: attempted capital murder and criminal solicitation of…

Ramjattansingh v. Texas (original by judge newell)  
Date: June 6, 2018
Docket Number: PD-0972-17

Justia Opinion Summary: The State alleged appellant Jason Ramjattansingh had committed the offense of driving while intoxicated. It also alleged that he had an alcohol concentration level of 0.15 or more “at the time the analysis was…

Ex parte Bobby James Moore (original by presiding judge keller)  
Date: June 6, 2018
Docket Number: WR-13,374-05

Justia Opinion Summary: In this habeas proceeding, Applicant Bobby Moore sought to be exempted from the death penalty on the ground that he was intellectually disabled. The habeas court agreed with Moore, citing what it considered to be the…

Ex parte James Edward Long (original by judge newell)  
Date: June 6, 2018
Docket Numbers: WR-28,772-02, WR-28,586-09, WR-35,508-03, WR-84,754-01

Justia Opinion Summary: Applicants James Long, James Pitts, Jr., and Michael Shelton pleaded guilty to the offense of sexual assault and testified against Applicant Richard Kussmaul at his capital murder trial. Long, Pitts, and Shelton all…

Oliva v. Texas (original by presiding judge keller)  
Date: May 23, 2018
Docket Number: PD-0398-17

Justia Opinion Summary: Appellant Jose Oliva was charged by information with DWI. The information contained two paragraphs: the first alleged the commission of the current DWI, and the second alleged a prior DWI conviction. The focus of the…

Plaintiff v. Defendant
Date: May 16, 2018
Docket Number: WR-88,327-01
Estes v. Texas (original by judge keasler)  
Date: May 9, 2018
Docket Number: PD-0429-16

Justia Opinion Summary: Russell Estes had an ongoing sexual relationship with K.A. when K.A. was fourteen years old. Estes was legally married to someone else. So, in addition to charging Estes with sexual assault of a child, ordinarily a…

Ex parte Samuel Garcia (original by judge hervey)  
Date: May 9, 2018
Docket Number: PD-0804-17

Justia Opinion Summary: The issue presented in this case was whether Samuel Osvaldo Garcia’s claim that he was entitled to relief because his attorney gave him affirmative misadvice regarding his possible deportation is cognizable or whether it…

O'Brien v. Texas (original by judge newell)  
Date: May 2, 2018
Docket Number: PD-0061-16

Justia Opinion Summary: Appellant Kelvin O’Brien was tried on one count of engaging in organized criminal activity. That count alleged that Appellant, with the intent to establish, maintain, or participate in a combination or in the profits of…

Mendez v. Texas (original by judge keasler)  
Date: April 25, 2018
Docket Number: PD-0381-17

Justia Opinion Summary: On August 5, 2011, some time after 2 A.M., Adrian Mendez and several friends arrived at Big Man Diesel Repair. The group had spent the evening socializing and consuming a variety of drugs. They were later joined by Roger…

Boyett v. Texas (original by judge alcala)  
Date: April 25, 2018
Docket Number: PD-0672-17

Justia Opinion Summary: Appellant Crystal Boyett contended the court of appeals erred by upholding the trial court’s denial of her request for a formal determination of her competency to stand trial for manslaughter. Appellant was speeding…

Fowler v. Texas (original by judge richardson)  
Date: April 18, 2018
Docket Number: PD-0343-17

Justia Opinion Summary: Appellant Jamel Fowler was convicted of stealing a Kawasaki Mule all-terrain vehicle (ATV) (valued at $1,500 or more but less than $20,000) from complainant Paul Blassingame. The jury assessed his punishment at…

Gonzalez v. Texas (original by judge newell)  
Date: April 11, 2018
Docket Number: PD-0181-17

Justia Opinion Summary: Appellant Juan Gonzalez was charged with capital murder of a police officer. The jury found him guilty of the lesser charge of murder and sentenced him to fifty years’ imprisonment. During the trial, the State introduced…

Plaintiff v. Defendant
Date: April 11, 2018
Docket Number: WR-88,187-01
Plaintiff v. Defendant
Date: April 11, 2018
Docket Number: WR-88,187-01
Ross v. Texas (original by judge richardson)  
Date: March 28, 2018
Docket Number: PD-0001-17

Justia Opinion Summary: In 2011, Appellant Rebekah Ross worked as an investigator for the Greenville office of the Texas Department of Family and Protective Services (hereinafter referred to as “the Department” or “CPS”). In 2015, she was…

Guthrie-Nail v. Texas (original by judge richardson)  
Date: March 28, 2018
Docket Number: PD-0441-17

Justia Opinion Summary: Appellant Vera Guthrie-Nail pled guilty to conspiracy to commit capital murder. A judgment was entered against her in 2012. Without giving notice to Appellant or conducting a hearing, the trial court issued a Nunc Pro…

Reynolds v. Texas (original by judge richardson)  
Date: March 28, 2018
Docket Number: PD-1452-16

Justia Opinion Summary: In 2012 Appellant Natalie Reynolds worked as an investigative supervisor for the Greenville office of the Texas Department of Family and Protective Services (hereinafter referred to as “the Department” or “CPS”). In…

Safian v. Texas (original by judge alcala)  
Date: March 21, 2018
Docket Numbers: PD-0323-16, PD-0324-16, PD-0325-16

Justia Opinion Summary: At issue for the Texas Court of Criminal Appeals in this case was whether, in a prosecution for aggravated assault by threat in which it was alleged that the defendant used or exhibited a motor vehicle as a deadly…

Ex parte Jeremy Pue (original by judge richardson)  
Date: February 28, 2018
Docket Number: WR-85,447-01

Justia Opinion Summary: In 2008, Applicant Jeremy Pue was convicted by a jury of third degree felony evading arrest or detention with a vehicle. He was sentenced as a habitual offender because his sentence was enhanced by two California felony…

Shortt v. Texas (original by judge yeary)  
Date: February 14, 2018
Docket Number: PD-0597-15

Justia Opinion Summary: Appellant Bernard Shortt attempted to appeal an order granting him so-called “shock” community supervision under former Article 42.12, Section 6(a) of the Code of Criminal Procedure. In that attempted appeal, he sought…

Wagner v. Texas (original by judge alcala)  
Date: February 14, 2018
Docket Number: PD-0659-15

Justia Opinion Summary: Under Penal Code Section 25.07(a)(2)(A), the State may prosecute an individual who has intentionally or knowingly communicated in a “threatening or harassing manner” with another person in violation of a judicially…

Febus v. Texas (original by judge newell)  
Date: February 14, 2018
Docket Number: PD-1369-15

Justia Opinion Summary: Appellant Albert Febus was a registered sex offender. He voluntarily signed a change-of-address form listing his new address as an apartment at “6110 Glenmont” even though he never intended to live there. Months later,…

Thomas v. Texas (original by judge yeary)  
Date: February 7, 2018
Docket Number: AP-77,052

Justia Opinion Summary: In October 2014, a jury convicted appellant Steven Thomas of capital murder for the November 1980 murder by strangulation of seventy-three-year-old Mildred McKinney in the course of committing or attempting to commit the…

Texas v. Velasquez (original by judge keasler)  
Date: February 7, 2018
Docket Number: PD-0228-16

Justia Opinion Summary: Appellee Victoria Velasquez was charged with possessing a usable quantity of marijuana. She moved to suppress evidence, and the trial court decided to hear the motion on the day of trial, right before jury selection. The…

CLAY, JOHN Appeal from 156th District Court of Bee County (other per curiam)
Date: January 31, 2018
Docket Number: WR-87,763-01
Texas v. Cortez (original by judge richardson)  
Date: January 24, 2018
Docket Number: PD-0228-17

Justia Opinion Summary: Appellee Jose Cortez was stopped by a State Trooper for unlawfully driving on the improved shoulder of the highway because the tires on Cortez’s minivan purportedly touched the white painted “fog line” separating the…

Lerma v. Texas (original by judge newell)  
Date: January 24, 2018
Docket Number: PD-1229-16

Justia Opinion Summary: Appellant Ernesto Lerma was charged with possession of four grams or more, but less than 200 grams, of cocaine. After the trial court denied Appellant’s motion to suppress the cocaine, he pled guilty. The court of…

Rodriguez v. Texas (original by judge keasler)  
Date: January 10, 2018
Docket Number: PD-0439-16

Justia Opinion Summary: Robert Rodriguez assaulted a man, shattering the victim’s knee and causing him serious bodily injury. Rodriguez contended on appeal that, while he intended to cause some bodily injury to the victim, he did not honestly…

Hernandez v. Texas (original by judge keel)  
Date: January 10, 2018
Docket Number: PD-1389-16

Justia Opinion Summary: Appellant Luis Hernandez was convicted of murder and sentenced to fourteen years in prison. The victim, Devin Toler, was sleeping with Quionecia Barber, the wife of his neighbor, Appellant. After Appellant learned of the…

Ex parte Miguel Angel Navarro (original by judge hervey)  
Date: January 10, 2018
Docket Number: WR-82,264-03

Justia Opinion Summary: In Moon v. Texas, 451 S.W.3d 28 (Tex. Crim. App. 2014), the Court of Criminal Appeals agreed with the court of appeals that a juvenile court’s transfer order waiving its exclusive jurisdiction is subject to legal and…

Ex parte James Douglas Jones (original by judge hervey)  
Date: January 10, 2018
Docket Number: WR-82,264-04

Justia Opinion Summary: Applicant James Jones pled guilty to and was convicted of aggravated assault of a peace officer with a deadly weapon. In this subsequent application for a writ of habeas corpus, Applicant sought relief on the ground that…

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