Texas Court of Criminal Appeals Decisions 2020

FENDLEY, JEFFREY CHARLES Appeal from 6th District Court of Lamar County (other per curiam)
Date: December 16, 2020
Docket Number: AP-77,100

Day v. Texas (original by judge newell)
Date: December 16, 2020
Docket Number: PD-0955-19

Justia Opinion Summary: Appellant Jonathan Day fled after being told that he was under arrest and that there was an active arrest warrant out for him. He was charged with and convicted of evading arrest or detention. The court of appeals found…

MCQUEEN, MATTHEW LEE Appeal from 32nd District Court of Nolan County (other per curiam)
Date: December 16, 2020
Docket Number: WR-91,290-01

GUERRA, MICHAEL ANDREW Appeal from 259th District Court of Jones County (other per curiam)
Date: December 16, 2020
Docket Number: WR-91,935-01

HAGGARD, JAMES RAY Appeal from 75th District Court of Liberty County (concurring by judge yeary)
Date: December 9, 2020
Docket Number: PD-0635-19

HAGGARD, JAMES RAY Appeal from 75th District Court of Liberty County (dissenting by judge slaughter)
Date: December 9, 2020
Docket Number: PD-0635-19

Haggard v. Texas (original by judge hervey)
Date: December 9, 2020
Docket Number: PD-0635-19

Justia Opinion Summary: The issue presented for the Texas Court of Criminal Appeals was whether the Confrontation Clause was violated when the trial judge allowed Suzanne DeVore, a Sexual Assault Nurse Examiner (SANE), to testify against…

WILLIAMS, CLIFTON LAMAR Appeal from 114th District Court of Smith County (dissenting by judge yeary)
Date: December 9, 2020
Docket Number: WR-71,296-03

WILLIAMS, CLIFTON LAMAR Appeal from 114th District Court of Smith County (other per curiam)
Date: December 9, 2020
Docket Number: WR-71,296-03

ALEXANDER, JOHNNY EARL Appeal from 235th District Court of Cooke County (other per curiam)
Date: December 9, 2020
Docket Number: WR-90,752-01

WELCH, PAUL ANTHONY Appeal from 258th District Court of Polk County (other per curiam)
Date: December 9, 2020
Docket Number: WR-91,432-01

WELCH, PAUL ANTHONY Appeal from 258th District Court of Polk County (dissenting by judge yeary)
Date: December 9, 2020
Docket Number: WR-91,432-01

AUSTIN, KIRKDRICK DERRELL Appeal from 506th District Court of Waller County (other per curiam)
Date: December 9, 2020
Docket Number: WR-91,565-01

ROBINSON, LESTER EARL II Appeal from 207th District Court of Comal County (other per curiam)
Date: December 9, 2020
Docket Number: WR-91,878-01

FOREMAN, NATHAN RAY Appeal from 177th District Court of Harris County (original by judge keasler)
Date: November 25, 2020
Docket Number: PD-1090-18

Foreman v. Texas (original by judge keasler)
Date: November 25, 2020
Docket Numbers: PD-1091-18, PD-1090-18

Justia Opinion Summary: Acting on evidence that two men had been tortured and robbed at a business in Houston, police obtained a warrant to search the business. The warrant authorized the police to seize any and all "ITEMS CONSTITUTING…

GUTIERREZ, GERONIMO Appeal from 227th District Court of Bexar County (other per curiam)
Date: November 25, 2020
Docket Number: WR-70,152-03

Wells v. Texas (original by judge walker)
Date: November 18, 2020
Docket Number: AP-77,070

Justia Opinion Summary: In November 2016, a jury convicted Appellant Amos Wells, III of capital murder for the 2013 murders of Chanice and Annette Reed committed during the same criminal transaction. Pursuant to the jury’s answers to the…

Ukwuachu v. Texas (original by judge slaughter)
Date: November 18, 2020
Docket Number: PD-0776-19

Justia Opinion Summary: The court of appeals reversed Appellant Samuel Ukwuachu’s conviction for sexual assault by concluding that the State improperly used cell-phone call and location records to impeach two defense witnesses, thereby…

In re Honorable Velia Meza, 226th Jud. Dist. Ct., Bexar Cty, Texas (original by presiding judge keller)
Date: November 18, 2020
Docket Number: WR-90,325-01

Justia Opinion Summary: A district attorney called a subordinate into his office to discuss a case and review the case file. Within a few weeks, the district attorney’s official status ended, he became part of a private law firm, and a member…

NINO, SAMUEL JR Appeal from 18th District Court of Johnson County (dissenting by judge yeary)
Date: November 18, 2020
Docket Number: WR-91,955-01

NINO, SAMUEL JR Appeal from 18th District Court of Johnson County (other per curiam)
Date: November 18, 2020
Docket Number: WR-91,955-01

ADAMES, JUAN ELIGIO GARCIA Appeal from 398TH DISTRICT COURT of Hidalgo County (other per curiam)
Date: November 18, 2020
Docket Number: WR-91,961-01

Kuykendall v. Texas (original by judge yeary)
Date: November 11, 2020
Docket Number: PD-0003-20

Justia Opinion Summary: Appellant Kyle Kuykendall was charged in a single indictment with two separate instances of third-degree felony failure-to-appear. He was convicted on both counts and sentenced to concurrent ten-year sentences. He…

CASSITY, CHRISTOPHER MICHAEL Appeal from 75th District Court of Liberty County (other per curiam)
Date: November 11, 2020
Docket Number: WR-91,901-01

CASSITY, CHRISTOPHER MICHAEL Appeal from 75th District Court of Liberty County (other per curiam)
Date: November 11, 2020
Docket Number: WR-91,901-02

CASSITY, CHRISTOPHER MICHAEL Appeal from 75th District Court of Liberty County (other per curiam)
Date: November 11, 2020
Docket Number: WR-91,901-03

Gonzalez v. Texas (original by judge keel)
Date: November 4, 2020
Docket Number: AP-77,066

Justia Opinion Summary: In October 2015, appellant Mark Gonzalez pled not guilty, but a jury convicted him of capital murder for the 2011 murder of a police officer, for which he was sentenced to death. Appeal to the Texas Court of Criminal…

Lopez v. Texas (original by judge hervey)
Date: November 4, 2020
Docket Number: PD-0956-19

Justia Opinion Summary: Appellant Antonio Lopez confessed to killing his 11-month-old foster child. He was indicted on two counts for capital murder and murder. He filed a motion to suppress, arguing that his confession was inadmissible because…

WORK, SIDNEY ALEX Appeal from 35th District Court of Mills County (concurring by judge newell)
Date: November 4, 2020
Docket Number: PD-1247-18

WORK, SIDNEY ALEX Appeal from 35th District Court of Mills County (original by judge keasler)
Date: November 4, 2020
Docket Number: PD-1247-18

DOLCEFINO, WAYNE Appeal from County Criminal Court at Law No 16 of Harris County (other per curiam)
Date: November 4, 2020
Docket Number: WR-91,434-01

Gonzalez v. Texas (original by judge slaughter)
Date: October 28, 2020
Docket Number: PD-0572-19

Justia Opinion Summary: Several officers were dispatched to locate a vehicle carrying stolen merchandise. The merchandise had been equipped with a tracking device and placed in a “bait” car before being stolen. Using the tracking device, the…

Romano v. Texas (original by presiding judge keller)
Date: October 28, 2020
Docket Number: PD-1289-19

Justia Opinion Summary: In the middle of a weekday in August 2017, Sergeant Ryan Gardiner of the Houston Police Department was patrolling Memorial Park on horseback. While on the lookout for suspicious activity, he positioned himself near…

TORRES, BENADETO VEGA III Appeal from 287th District Court of Parmer County (other per curiam)
Date: October 28, 2020
Docket Number: WR-91,531-01

WILLIAMS, EVERETT CRAIG Appeal from 94th District Court of Nueces County (other per curiam)
Date: October 28, 2020
Docket Number: WR-91,857-01

WILLIAMS, EVERETT CRAIG Appeal from 94th District Court of Nueces County (other per curiam)
Date: October 28, 2020
Docket Number: WR-91,857-02

Philmon v. Texas (original by judge walker)
Date: October 21, 2020
Docket Number: PD-0645-19

Justia Opinion Summary: Appellant Manyiel Philmon was convicted of and sentenced for aggravated assault with a deadly weapon and family-violence assault. On appeal, Appellant argued that a conviction and sentence for both offenses violated his…

PHILMON, MANYIEL Appeal from 213th District Court of Tarrant County (concurring by judge keasler)
Date: October 21, 2020
Docket Number: PD-0645-19

BARGAS, GEORGE MICHAEL JR. Appeal from 177th District Court of Harris County (other per curiam)
Date: October 21, 2020
Docket Number: WR-90,448-01

BARGAS, GEORGE MICHAEL JR. Appeal from 177th District Court of Harris County (other per curiam)
Date: October 21, 2020
Docket Number: WR-90,448-02

ATKINS, JOHN LOUIS Appeal from 104th District Court of Taylor County (other per curiam)
Date: October 21, 2020
Docket Number: WR-91,551-01

ATLAS, ROBERT Appeal from 372nd District Court of Tarrant County (other per curiam)
Date: October 21, 2020
Docket Number: WR-91,750-01

GORMLEY, MARTIN Appeal from 184th District Court of Harris County (other per curiam)
Date: October 21, 2020
Docket Number: WR-91,832-01

BOHANNAN, MICHAEL WAYNE Appeal from 435th District Court of Montgomery County (other per curiam)
Date: October 7, 2020
Docket Number: WR-25,282-27

BOHANNAN, MICHAEL WAYNE Appeal from 435th District Court of Montgomery County (dissenting by judge yeary)
Date: October 7, 2020
Docket Number: WR-25,282-29

BOHANNAN, MICHAEL WAYNE Appeal from 435th District Court of Montgomery County (other per curiam)
Date: October 7, 2020
Docket Number: WR-25,282-29

NAVARRO, DAVID PAUL Appeal from 409TH DISTRICT COURT of El Paso County (other per curiam)
Date: October 7, 2020
Docket Number: WR-90,818-01

JIMENEZ, JIMMY ANTHONY Appeal from 226th District Court of Bexar County (other per curiam)
Date: October 7, 2020
Docket Number: WR-91,756-01

BECERRA, MARIO Appeal from 137th District Court of Lubbock County (other per curiam)
Date: October 7, 2020
Docket Number: WR-91,763-01

JONES, CHARLES R. Appeal from 179th District Court of Harris County (original per curiam)
Date: September 30, 2020
Docket Number: PD-0380-20

Price v. Texas (original by judge yeary)
Date: September 23, 2020
Docket Number: PD-0722-19

Justia Opinion Summary: Police approached Appellant Braden Price at the San Antonio airport, detained him on suspicion of trafficking in drugs, and handcuffed him behind his back. They then transported both him and his rolling suitcases to a…

PRICE, BRADEN DANIEL Appeal from 175th District Court of Bexar County (dissenting by judge walker)
Date: September 23, 2020
Docket Number: PD-0722-19

PRICE, BRADEN DANIEL Appeal from 175th District Court of Bexar County (dissenting by presiding judge keller)
Date: September 23, 2020
Docket Number: PD-0722-19

PRICE, BRADEN DANIEL Appeal from 175th District Court of Bexar County (dissenting by judge newell)
Date: September 23, 2020
Docket Number: PD-0722-19

GUEVARA, GILMAR ALEXANDER Appeal from 180th District Court of Harris County (other per curiam)
Date: September 23, 2020
Docket Number: WR-63,926-03

GUILLEN-HERNANDEZ, GILBERTO ANTONIO Appeal from 458th District Court of Fort Bend County (other per curiam)
Date: September 23, 2020
Docket Number: WR-90,923-01

GUILLEN-HERNANDEZ, GILBERTO ANTONIO Appeal from 458th District Court of Fort Bend County (other per curiam)
Date: September 23, 2020
Docket Number: WR-90,923-02

Crider v. Texas (original by judge yeary)
Date: September 16, 2020
Docket Number: PD-1070-19

Justia Opinion Summary: A sample of Appellant Robert Crider’s blood was lawfully extracted pursuant to a search warrant which alleged probable cause to believe he had been driving while intoxicated. However, the warrant did not also expressly…

CRIDER, ROBERT LEE JR. Appeal from 198th District Court of Kerr County (dissenting by judge walker)
Date: September 16, 2020
Docket Number: PD-1070-19

CRIDER, ROBERT LEE JR. Appeal from 198th District Court of Kerr County (concurring by judge newell)
Date: September 16, 2020
Docket Number: PD-1070-19

CASTANEDANIETO, KEVIN Appeal from Criminal District Court 6 of Dallas County of Dallas County (original by presiding judge keller)
Date: September 16, 2020
Docket Number: PD-1154-19

Texas v. Castanedanieto (original by presiding judge keller)
Date: September 16, 2020
Docket Numbers: PD-1155-19, PD-1154-19, PD-1156-19

Justia Opinion Summary: The trial court suppressed statements made by Appellee Kevin Castanedanieto during a police interview. The court of appeals affirmed that decision on a legal theory not presented to the trial court. Appellee’s legal…

CASTANEDANIETO, KEVIN Appeal from Criminal District Court 6 of Dallas County of Dallas County (original by presiding judge keller)
Date: September 16, 2020
Docket Number: PD-1156-19

LIZCANO, JUAN Appeal from 282nd District Court of Dallas County (other per curiam)
Date: September 16, 2020
Docket Number: WR-68,348-03

LIZCANO, JUAN Appeal from 282nd District Court of Dallas County (dissenting by judge yeary)
Date: September 16, 2020
Docket Number: WR-68,348-03

LOPEZ, JUSTIN Appeal from 79th District Court of Jim Wells County (other per curiam)
Date: September 16, 2020
Docket Number: WR-89,811-01

LOPEZ, JUSTIN Appeal from 79th District Court of Jim Wells County (dissenting by presiding judge keller)
Date: September 16, 2020
Docket Number: WR-89,811-01

GONZALEZ, ISMAEL JR Appeal from 79th District Court of Jim Wells County (other per curiam)
Date: September 16, 2020
Docket Number: WR-89,812-01

GONZALEZ, ISMAEL JR Appeal from 79th District Court of Jim Wells County (dissenting by presiding judge keller)
Date: September 16, 2020
Docket Number: WR-89,812-01

BALL, DONALD MILLER Appeal from 217th District Court of Angelina County (other per curiam)
Date: September 16, 2020
Docket Number: WR-90,729-01

HOLDER, JOEL ERIC Appeal from 221st District Court of Montgomery County (other per curiam)
Date: September 16, 2020
Docket Number: WR-91,535-01

RICHARDSON, PARIS Appeal from 319th District Court of Nueces County (other per curiam)
Date: September 16, 2020
Docket Number: WR-91,639-01

WALTON, SHARON NICOLE Appeal from 3rd District Court of Anderson County (other per curiam)
Date: September 16, 2020
Docket Number: WR-91,668-01

GOMEZ, JORGE Appeal from 364th District Court of Lubbock County (other per curiam)
Date: August 19, 2020
Docket Number: WR-91,360-01

MITCHELL, OTIS SAMUEL Appeal from 359th District Court of Montgomery County (other per curiam)
Date: August 19, 2020
Docket Number: WR-91,412-01

RAYBON, JOHN WALTER Appeal from 89th District Court of Wichita County (opinion)
Date: August 19, 2020
Docket Number: WR-91,487-01

RAYBON, JOHN WALTER Appeal from 89th District Court of Wichita County (other per curiam)
Date: August 19, 2020
Docket Number: WR-91,487-01

CHAPPLE, GEORGE S Appeal from 227th District Court of Bexar County (other per curiam)
Date: July 22, 2020
Docket Number: WR-46,709-03

MAZA, RICHARD LEE Appeal from 36th District Court of San Patricio County (other per curiam)
Date: July 22, 2020
Docket Number: WR-88,023-01

GARCIA, MICHAEL ANTHONY Appeal from 31st District Court of Wheeler County (other per curiam)
Date: July 22, 2020
Docket Number: WR-90,219-01

JOHNSON, CHRISTOPHER LYNE Appeal from 369th District Court of Anderson County (other per curiam)
Date: July 22, 2020
Docket Number: WR-90,478-01

YURTMAN, ERSAN Appeal from 186th District Court of Bexar County (other per curiam)
Date: July 1, 2020
Docket Number: WR-43,115-05

PORTER, NICHOLAS ROYAL Appeal from 21st District Court of Washington County (other per curiam)
Date: July 1, 2020
Docket Number: WR-89,364-01

TREJO, FERNANDO Appeal from 137th District Court of Lubbock County (other per curiam)
Date: July 1, 2020
Docket Number: WR-89,989-02

TREJO, FERNANDO Appeal from 137th District Court of Lubbock County (dissenting by judge yeary)
Date: July 1, 2020
Docket Number: WR-89,989-02

RIOS, JESSICA RENEA Appeal from 185th District Court of Harris County (other per curiam)
Date: July 1, 2020
Docket Number: WR-90,525-01

MALLET, OTIS JR. Appeal from 338th District Court of Harris County (other per curiam)
Date: July 1, 2020
Docket Number: WR-90,980-01

MALLET, OTIS JR. Appeal from 338th District Court of Harris County (concurring by judge newell)
Date: July 1, 2020
Docket Number: WR-90,980-01

MALLET, OTIS JR. Appeal from 338th District Court of Harris County (concurring by judge yeary)
Date: July 1, 2020
Docket Number: WR-90,980-01

MALLET, OTIS JR. Appeal from 338th District Court of Harris County (concurring by judge richardson)
Date: July 1, 2020
Docket Number: WR-90,980-01

MALLET, OTIS JR. Appeal from 338th District Court of Harris County (other per curiam)
Date: July 1, 2020
Docket Number: WR-90,980-02

MALLET, OTIS JR. Appeal from 338th District Court of Harris County (concurring by judge newell)
Date: July 1, 2020
Docket Number: WR-90,980-02

MALLET, OTIS JR. Appeal from 338th District Court of Harris County (concurring by judge yeary)
Date: July 1, 2020
Docket Number: WR-90,980-02

MALLET, OTIS JR. Appeal from 338th District Court of Harris County (concurring by judge richardson)
Date: July 1, 2020
Docket Number: WR-90,980-02

GUTIERREZ, ROGELIO Appeal from 186th District Court of Bexar County (other per curiam)
Date: July 1, 2020
Docket Number: WR-91,233-01

LITCHFIELD, MARGARET FAYE Appeal from 52nd District Court of Coryell County (original by judge walker)
Date: June 24, 2020
Docket Number: PD-0005-18

Williams v. Texas (original by judge walker)
Date: June 24, 2020
Docket Number: PD-0870-18

Justia Opinion Summary: Appellant James Williams moved for a new trial, and filed his notice of appeal 71 days after sentence was imposed in open court, but 52 days after the trial court entered a nunc pro tunc order that Appellant later…

MCEWEN, CARLTON Appeal from 403RD DISTRICT COURT of Travis County (other per curiam)
Date: June 24, 2020
Docket Number: WR-76,082-03

MCEWEN, CARLTON Appeal from 403RD DISTRICT COURT of Travis County (dissenting by judge yeary)
Date: June 24, 2020
Docket Number: WR-76,082-03

MCEWEN, CARLTON Appeal from 403RD DISTRICT COURT of Travis County (concurring by judge newell)
Date: June 24, 2020
Docket Number: WR-76,082-03

WARD, LUCKY Appeal from 183rd District Court of Harris County (original per curiam)
Date: June 17, 2020
Docket Number: AP-77,096

Moreno v. Texas (original by presiding judge keller)
Date: June 17, 2020
Docket Number: PD-1044-19

Justia Opinion Summary: Appellant Ricky Moreno claimed the defense of duress in his prosecution for aggravated kidnapping. In connection with this defense, he sought to offer evidence that he suffered from Post Traumatic Stress Disorder (PTSD).…

ZIMMERMAN, MARK DAVID Appeal from 397th District Court of Grayson County (original per curiam)
Date: June 17, 2020
Docket Number: PD-1226-18

GRAY, EVERETT CORNELIUS Appeal from Criminal District Court 2 of Dallas County of Dallas County (other per curiam)
Date: June 17, 2020
Docket Number: WR-87,795-01

GRAY, EVERETT CORNELIUS Appeal from Criminal District Court 2 of Dallas County of Dallas County (other per curiam)
Date: June 17, 2020
Docket Number: WR-87,795-03

MCGAUGH, KEVIN WILLIAM Appeal from 54th District Court of McLennan County (other per curiam)
Date: June 17, 2020
Docket Number: WR-90,968-01

FACUNDO, JOSEPH Appeal from 338th District Court of Harris County (other per curiam)
Date: June 17, 2020
Docket Number: WR-91,087-01

THOMPSON, DYRON DONTAVIOUS Appeal from 440th District Court of Coryell County (other per curiam)
Date: June 17, 2020
Docket Number: WR-91,220-01

WHILLHITE, BRYAN WAYNE Appeal from 391st District Court of Tom Green County (original per curiam)
Date: June 10, 2020
Docket Number: PD-0095-20

WHILLHITE, BRYAN WAYNE Appeal from 391st District Court of Tom Green County (concurring by judge yeary)
Date: June 10, 2020
Docket Number: PD-0095-20

HERNANDEZ, PEDRO JR. Appeal from 39th District Court of Haskell County (original per curiam)
Date: June 10, 2020
Docket Number: PD-0589-19

Timmins v. Texas (original by judge keasler)
Date: June 10, 2020
Docket Number: PD-0867-18

Justia Opinion Summary: Troy Timmins was on bond for two felony offenses. At a pretrial hearing at which Timmins was personally present, the trial judge revoked Timmins’s bond for testing positive for methamphetamine. Ordinarily, when a trial…

BUCK, MICHAEL J. Appeal from 243rd District Court of El Paso County (original per curiam)
Date: June 10, 2020
Docket Number: PD-0921-18

BUCK, MICHAEL J. Appeal from 243rd District Court of El Paso County (concurring by presiding judge keller)
Date: June 10, 2020
Docket Number: PD-0921-18

EBIKAM, OBINNA Appeal from County Court at Law No 13 of Bexar County (dissenting by judge yeary)
Date: June 10, 2020
Docket Number: PD-1199-18

EBIKAM, OBINNA Appeal from County Court at Law No 13 of Bexar County (concurring by judge newell)
Date: June 10, 2020
Docket Number: PD-1199-18

EBIKAM, OBINNA Appeal from County Court at Law No 13 of Bexar County (original by judge keel)
Date: June 10, 2020
Docket Number: PD-1199-18

Diamond v. Texas (original by judge newell)
Date: June 10, 2020
Docket Number: PD-1299-18

Justia Opinion Summary: Andrea Gooden was a laboratory technician who properly analyzed Appellant Lesley Diamond's blood for alcohol content in this case. After Appellant’s trial, it was revealed that Gooden had - before trial - mistakenly…

In re Hon. John Yeager, Relator (original by judge keel)
Date: June 10, 2020
Docket Number: WR-89,018-02

Justia Opinion Summary: The real party in interest, Roman Bledsoe, entered a not guilty plea to a Class C misdemeanor traffic violation and requested a jury trial. Before the jury was sworn in, relator Judge John Yeager asked Bledsoe whether,…

IN RE HONORABLE JOHN YEAGER, RELATOR Appeal from County Court at Law No 2 of Travis County (concurring by judge hervey)
Date: June 10, 2020
Docket Number: WR-89,018-02

Texas v. Arellano (original by judge slaughter)
Date: May 6, 2020
Docket Number: PD-0287-19

Justia Opinion Summary: After Appellee Cesar Ramiro Arellano was arrested for driving while intoxicated, the arresting officer, Phillip Garcia, prepared a probable cause affidavit to support a search warrant for a blood draw. Officer Garcia…

LOPEZ, JESSE Appeal from 454th District Court of Medina County (other per curiam)
Date: May 6, 2020
Docket Number: WR-90,776-02

ZAMORA, FERNANDO Appeal from 372nd District Court of Tarrant County (other per curiam)
Date: May 6, 2020
Docket Number: WR-91,021-01

MELTON, GLORIA ELENA Appeal from County Court at Law No. 2 of Kaufman County (other per curiam)
Date: May 6, 2020
Docket Number: WR-91,165-01

RODRIGUEZ, ABEL DIAZ Appeal from 212th District Court of Galveston County (original by judge keel)
Date: April 29, 2020
Docket Number: PD-0013-19

RODRIGUEZ, ABEL DIAZ Appeal from 212th District Court of Galveston County (concurring by judge keasler)
Date: April 29, 2020
Docket Number: PD-0013-19

RODRIGUEZ, ABEL DIAZ Appeal from 212th District Court of Galveston County (original by judge keel)
Date: April 29, 2020
Docket Number: PD-0014-19

RODRIGUEZ, ABEL DIAZ Appeal from 212th District Court of Galveston County (concurring by judge keasler)
Date: April 29, 2020
Docket Number: PD-0014-19

RODRIGUEZ, ABEL DIAZ Appeal from 212th District Court of Galveston County (original by judge keel)
Date: April 29, 2020
Docket Number: PD-0015-19

RODRIGUEZ, ABEL DIAZ Appeal from 212th District Court of Galveston County (concurring by judge keasler)
Date: April 29, 2020
Docket Number: PD-0015-19

PENDERGRAFT, JAMES RAY Appeal from 7th District Court of Smith County (original by presiding judge keller)
Date: April 29, 2020
Docket Number: PD-0474-19

SENN, MICHAEL RAY Appeal from 213th District Court of Tarrant County (concurring by judge keasler)
Date: April 29, 2020
Docket Number: PD-1265-18

SENN, MICHAEL RAY Appeal from 213th District Court of Tarrant County (original by judge keel)
Date: April 29, 2020
Docket Number: PD-1265-18

LOPEZ, RITO GREGORY JR. Appeal from 69th District Court of Moore County (concurring by judge keasler)
Date: April 29, 2020
Docket Number: PD-1382-18

Lopez v. Texas (original by judge keel)
Date: April 29, 2020
Docket Numbers: PD-1382-18, PD-1265-18, PD-0013-19, PD-0014-19, PD-0015-19

Justia Opinion Summary: The Texas Court of Criminal Appeals granted review in these cases to clarify whether the State had to prove the commission of bigamy in order to enhance punishment of sexual assault. Penal Code section 22.011(f) enhanced…

BARRON, RAUL FERNANDO Appeal from 435th District Court of Montgomery County (dissenting by judge yeary)
Date: April 29, 2020
Docket Number: WR-26,838-04

BARRON, RAUL FERNANDO Appeal from 435th District Court of Montgomery County (other per curiam)
Date: April 29, 2020
Docket Number: WR-26,838-04

CRUZ, BASILIO Appeal from 107th District Court of Cameron County (other per curiam)
Date: April 29, 2020
Docket Number: WR-83,798-03

SAULS, DAVID KEITH Appeal from 78th District Court of Wichita County (other per curiam)
Date: April 29, 2020
Docket Number: WR-90,066-01

MCLAUGHLIN, JOHN L JR. Appeal from 108th District Court of Potter County (other per curiam)
Date: April 29, 2020
Docket Number: WR-90,703-01

STAHMANN, KARL DEAN Appeal from 207th District Court of Comal County (dissenting by judge yeary)
Date: April 22, 2020
Docket Number: PD-0556-18

Stahmann v. Texas (original by judge hervey)
Date: April 22, 2020
Docket Number: PD-0556-18

Justia Opinion Summary: Appellant Karl Stahmann was involved in an automobile accident, after which he threw a bottle of promethazine, a controlled substance, over a nearby wire fence before law enforcement arrived. The bottle landed two to…

HAYNES, TORRANCE A Appeal from 351st District Court of Harris County (other per curiam)
Date: April 22, 2020
Docket Number: WR-91,059-01

ESTRADA, JEFFERY SCOTT Appeal from 154th District Court of Lamb County (other per curiam)
Date: April 15, 2020
Docket Number: PD-0265-19

HENDERSON, JAMES LEE Appeal from 102nd District Court of Red River County (other per curiam)
Date: April 15, 2020
Docket Number: WR-37,658-03

CLAUDER, SAMUEL HERSCHEL Appeal from 78th District Court of Wichita County (other per curiam)
Date: April 15, 2020
Docket Number: WR-90,708-02

MACKLEY, DAVID ALLEN Appeal from 19th District Court of McLennan County (other per curiam)
Date: April 15, 2020
Docket Number: WR-91,105-01

MACKLEY, DAVID ALLEN Appeal from 19th District Court of McLennan County (other per curiam)
Date: April 15, 2020
Docket Number: WR-91,105-02

TERRAZAS, ROBERT AKA TERRAZAS, ROBERTO Appeal from 243rd District Court of El Paso County (other per curiam)
Date: April 8, 2020
Docket Number: WR-60,286-02

RODGERS, RODNEY KEITH Appeal from 443rd District Court of Ellis County (concurring by judge walker)
Date: April 8, 2020
Docket Number: WR-89,477-01

Ex parte Rodney Rodgers (original by judge yeary)
Date: April 8, 2020
Docket Number: WR-89,477-01

Justia Opinion Summary: Applicant Rodney Rodgers alleged he was illegally sentenced for a felony driving-while-intoxicated (DWI) offense when he should have been sentenced only for a misdemeanor DWI. The Texas Court of Criminal Appeals filed…

GIPSON, DANNY Appeal from 5th District Court of Bowie County (other per curiam)
Date: April 8, 2020
Docket Number: WR-90,679-01

Tracy v. Texas (original by presiding judge keller)
Date: April 1, 2020
Docket Number: AP-77,076

Justia Opinion Summary: In 2015, while incarcerated in a penal institution, Appellant Billy Joel Tracy killed a correctional officer, for which he was convicted by jury of capital murder and sentenced to death. On automatic appeal to the Texas…

LEE, JUSTIN ALLEN Appeal from 35th District Court of Mills County (other per curiam)
Date: April 1, 2020
Docket Number: PD-0052-20

METCALF, LYDIA Appeal from 123rd District Court of Panola County (dissenting by judge slaughter)
Date: April 1, 2020
Docket Number: PD-1246-18

METCALF, LYDIA Appeal from 123rd District Court of Panola County (concurring by judge keel)
Date: April 1, 2020
Docket Number: PD-1246-18

Metcalf v. Texas (original by judge hervey)
Date: April 1, 2020
Docket Number: PD-1246-18

Justia Opinion Summary: Appellant, Lydia Metcalf, was convicted as a party of second-degree felony sexualassault based on her husband's anal rape of their then 16-year-old daughter. Metcalf was sentenced to three years in prison, but no fine.…

PRINGLER, ALBERT Appeal from 137th District Court of Lubbock County (other per curiam)
Date: April 1, 2020
Docket Number: WR-90,939-01

COLLINS, DON WILBURN Appeal from 359th District Court of Montgomery County (other per curiam)
Date: April 1, 2020
Docket Number: WR-90,963-01

TINCH, NURU NATHAN Appeal from 124th District Court of Gregg County (other per curiam)
Date: April 1, 2020
Docket Number: WR-91,038-01

PARKER, ADRIAN JEROME Appeal from 188th District Court of Gregg County (other per curiam)
Date: March 11, 2020
Docket Number: PD-0474-18

HOLDER, CHRISTOPHER JAMES Appeal from 416th District Court of Collin County (concurring & dissenting by judge yeary)
Date: March 11, 2020
Docket Number: PD-1269-16

Holder v. Texas (original by judge hervey)
Date: March 11, 2020
Docket Number: PD-1269-16

Justia Opinion Summary: Appellant Christopher Holder was charged with capital murder. During the course of the investigation, police accessed 23 days of his cell site location information (CSLI) to corroborate his alibi that he was out of town…

DAMANEH, DANA ABDOLAHI Appeal from 363rd District Court of Dallas County (other per curiam)
Date: March 11, 2020
Docket Number: WR-75,134-03

KAUNDA, ANNIE AKA ANNIE NZIRLMASANGA Appeal from 368th District Court of Williamson County (other per curiam)
Date: March 11, 2020
Docket Number: WR-89,533-01

MORENO, DANIEL Appeal from 337th District Court of Harris County (other per curiam)
Date: March 11, 2020
Docket Number: WR-90,599-01

GARZA, FERNANDO Appeal from 174th District Court of Harris County (other per curiam)
Date: March 11, 2020
Docket Number: WR-90,650-01

ALEGRIA, MEGAN MARIE Appeal from 184th District Court of Harris County (other per curiam)
Date: March 11, 2020
Docket Number: WR-90,928-01

VAUGHN, JOHN Appeal from 85th District Court of Brazos County (other per curiam)
Date: March 11, 2020
Docket Number: WR-90,930-01

VAZQUEZ, EDGAR FABIAN Appeal from 219th District Court of Collin County (other per curiam)
Date: March 11, 2020
Docket Number: WR-90,988-01

GUTIERREZ, RUBEN Appeal from 107th District Court of Cameron County (original per curiam)
Date: February 26, 2020
Docket Number: AP-77,089

Walker v. Texas (original by judge newell)
Date: February 26, 2020
Docket Number: PD-0399-17

Justia Opinion Summary: Appellant Kenyetta Walker lived in a house that police identified as a “a major distribution point” for drugs along with her two daughters and a man who went by the nickname “Pill.” One night, three intruders broke into…

BALLARD, WALTER HARVEY JR. Appeal from 184th District Court of Harris County (other per curiam)
Date: February 26, 2020
Docket Number: WR-3,933-12

ROBINSON, MONIQUE Appeal from 364th District Court of Lubbock County (other per curiam)
Date: February 26, 2020
Docket Number: WR-89,778-02

BROWN, RILEY LEANDREW Appeal from 104th District Court of Taylor County (other per curiam)
Date: February 26, 2020
Docket Number: WR-90,461-01

BODDEN, DEREK ANDREW Appeal from 195th District Court of Dallas County (other per curiam)
Date: February 26, 2020
Docket Number: WR-90,536-01

DIXON, RAY EDWARD Appeal from 174th District Court of Harris County (other per curiam)
Date: February 26, 2020
Docket Number: WR-90,902-01

BROWNLOW, CHARLES E., JR. Appeal from 422nd District Court of Kaufman County (original by judge slaughter)
Date: February 12, 2020
Docket Number: AP-77,068

AGNEW, NICKY CHARUNE Appeal from 7th District Court of Smith County (original per curiam)
Date: February 12, 2020
Docket Number: WR-44,581-02

WOODS, ELIJAH DECOLE Appeal from 6th District Court of Lamar County (other per curiam)
Date: February 12, 2020
Docket Number: WR-81,490-02

ADAMS, ROBERT LEE JR. Appeal from 355th District Court of Hood County (other per curiam)
Date: February 12, 2020
Docket Number: WR-90,557-01

JORDAN, PATRICK Appeal from 202nd District Court of Bowie County (dissenting by judge yeary)
Date: February 5, 2020
Docket Number: PD-0899-18

Jordan v. Texas (original by judge keel)
Date: February 5, 2020
Docket Number: PD-0899-18

Justia Opinion Summary: A jury convicted Appellant Patrick Jordan of deadly conduct and sentenced him to four years in prison. On appeal, he argued the trial court erred in denying him a jury instruction on self-defense against multiple…

JORDAN, PATRICK Appeal from 202nd District Court of Bowie County (dissenting by judge keasler)
Date: February 5, 2020
Docket Number: PD-0899-18

THUESEN, JOHN Appeal from 272nd District Court of Brazos County (original per curiam)
Date: February 5, 2020
Docket Number: WR-81,584-01

SHIFLETT, GUY OLIVER JR. Appeal from 283rd District Court of Dallas County (other per curiam)
Date: February 5, 2020
Docket Number: WR-88,941-02

Burg v. Texas (original by judge newell)
Date: January 29, 2020
Docket Number: PD-0527-18

Justia Opinion Summary: Appellant, James Allan Burg, II, was charged with, and convicted of driving while intoxicated with a BAC of 0.15 or more. At sentencing, the trial court ordered Appellant's driver's license be suspended for one year.…

BURG, JAMES ALLAN II Appeal from County Court at Law No 1 of Montgomery County (concurring by judge keasler)
Date: January 29, 2020
Docket Number: PD-0527-18

HARDY, JAVARUSE RAYMONE Appeal from CRIMINAL DISTRICT COURT # 2 of Dallas County (original per curiam)
Date: January 29, 2020
Docket Number: WR-88,770-01

HARDY, JAVARUSE RAYMONE Appeal from CRIMINAL DISTRICT COURT # 2 of Dallas County (other per curiam)
Date: January 29, 2020
Docket Number: WR-88,770-01

HARDY, JAVARUSE RAYMONE Appeal from CRIMINAL DISTRICT COURT # 2 of Dallas County (original per curiam)
Date: January 29, 2020
Docket Number: WR-88,770-02

HARDY, JAVARUSE RAYMONE Appeal from CRIMINAL DISTRICT COURT # 2 of Dallas County (other per curiam)
Date: January 29, 2020
Docket Number: WR-88,770-02

ROBLEDO, RAYMOND OSCAR Appeal from 363rd District Court of Dallas County (other per curiam)
Date: January 29, 2020
Docket Number: WR-89,439-01

ROBLEDO, RAYMOND OSCAR Appeal from 363rd District Court of Dallas County (concurring by judge yeary)
Date: January 29, 2020
Docket Number: WR-89,439-01

BAZILLE, SIMON Appeal from 180th District Court of Harris County (other per curiam)
Date: January 29, 2020
Docket Number: WR-89,851-01

TEAGUE, PAUL CODY Appeal from 181st District Court of Randall County (other per curiam)
Date: January 29, 2020
Docket Number: WR-90,731-01

ACY, KENNETH WAYNE JR. Appeal from 51st District Court of Tom Green County (other per curiam)
Date: January 29, 2020
Docket Number: WR-90,759-01

HERNANDEZ, NELSON ALBERTO Appeal from CO CRIM COURT AT LAW NO 8 of Harris County (original per curiam)
Date: January 15, 2020
Docket Number: PD-0036-19

DIXON, THOMAS Appeal from 140th District Court of Lubbock County (concurring by judge hervey)
Date: January 15, 2020
Docket Number: PD-0048-19

Dixon v. Texas (original by presiding judge keller)
Date: January 15, 2020
Docket Number: PD-0048-19

Justia Opinion Summary: Appellant Thomas Dixon, was a plastic surgeon in Amarillo, Texas. Joseph Sonnier was a physician in Lubbock. David Shepherd was a friend of Dixon’s. In 2012, David Shepard killed Joseph Sonnier. The State’s theory was…

Simpson v. Texas (original by judge keasler)
Date: January 15, 2020
Docket Number: PD-0578-18

Justia Opinion Summary: While on probation for child endangerment charges, Robvia Simpson struck her roommate with an ashtray. She contended she did so in self-defense. But at the hearing to determine whether her probation would be revoked,…

SIMPSON, ROBVIA LENEICE Appeal from 87th District Court of Anderson County (concurring by presiding judge keller)
Date: January 15, 2020
Docket Number: PD-0578-18

SIMPSON, ROBVIA LENEICE Appeal from 87th District Court of Anderson County (concurring by judge slaughter)
Date: January 15, 2020
Docket Number: PD-0578-18

HOISAGER, JAMES DWAYNE Appeal from 142nd District Court of Midland County (other per curiam)
Date: January 15, 2020
Docket Number: WR-85,709-05

CUELLAR, JAIME Appeal from 320th District Court of Potter County (other per curiam)
Date: January 15, 2020
Docket Number: WR-89,752-01

CUELLAR, JAIME Appeal from 320th District Court of Potter County (other per curiam)
Date: January 15, 2020
Docket Number: WR-89,752-02

KOLHOFF, PAUL HENRY Appeal from 32nd District Court of Mitchell County (other per curiam)
Date: January 15, 2020
Docket Number: WR-89,992-01

PALMER, JOHN Appeal from 144th District Court of Bexar County (other per curiam)
Date: January 15, 2020
Docket Number: WR-90,666-01

FERREIRA, FERNANDO RAFAEL Appeal from 179th District Court of Harris County (other per curiam)
Date: January 15, 2020
Docket Number: WR-90,710-01

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