Texas Court of Criminal Appeals Decisions 2018

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 t...

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 issue...

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, w...

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 roa...

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 appeal...

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 b...

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 fac...

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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