Texas Court of Criminal Appeals Decisions 2021

Justia Opinion Summary: In two separate indictments, Appellant Johnny Joe Avalos was charged with capital murder for the serial killing of five women over the course of several years. The State waived the death penalty, and Appellant pled…

Justia Opinion Summary: Appellee successfully moved to quash his two-count indictment for state-jail felony possession of penalty group one controlled substances (cocaine and methamphetamine) on grounds that its enhancement paragraphs were…

Justia Opinion Summary: Zena Collins Stephens appealed both the court of appeals’ denial of a pretrial writ of habeas corpus and its reversal of the district court’s decision to quash Count I of the indictment. Stephens was elected to the…

Justia Opinion Summary: In 2018, Appellant Terry Martin was stopped for multiple traffic violations while riding a motorcycle on U.S. Highway 87 in Lubbock County, Texas. During the stop, Corporal Michael Macias observed that Appellant was…

Justia Opinion Summary: In September 2015, a jury convicted Appellant Gabriel Hall of the 2011 murder of Edwin Shaar, Jr. in the course of committing or attempting to commit burglary. Based on the jury’s answers to the special issues set forth…

Justia Opinion Summary: Appellant Duke Edward was convicted of felony assault for beating his girlfriend. The offense was elevated to a third-degree felony based in part on the existence of a “dating relationship” between Appellant and the…

Justia Opinion Summary: Appellant Orlando Bell was charged with failure to timely report a change of address in violation of his sex-offender-registration obligations under Code of Criminal Procedure Chapter 62, which as applied to these…

Justia Opinion Summary: Using a confidential informant, the Hays County Narcotics Task Force (Task Force) conducted a controlled drug buy from Joel Espino, who was a narcotics dealer along with his roommate, Andrew Alejandro. Three months…

Justia Opinion Summary: At trial, Appellant Raul Bahena objected that a State’s witness was not the custodian of records for a disc containing recordings of jailhouse calls. On appeal, the court of appeals determined that the witness was the…

Justia Opinion Summary: Appellant Anthony George was convicted of capital murder in the course of a robbery. One of the theories of Appellant’s liability for capital murder was a conspiracy theory under Penal Code Section 7.02(b) for an offense…

Justia Opinion Summary: Appellant Jessie Brooks, Jr. was charged with aggravated assault. The indictment alleged the underlying assault as assault by threat, with the threat being verbal. The court of appeals held that the evidence did not show…

Justia Opinion Summary: Sara Cassandra Nelson (“Cassie”) witnessed her boyfriend, Kris Maneerut (“Jimmy”), being shot. Immediately afterward, Appellant Santhy Inthalangsy and associates escorted her from the crime scene. Later that day, she was…

Justia Opinion Summary: In 2015, Appellant Brian Middleton pled guilty to three theft offenses pursuant to an agreement, and he was placed on deferred adjudication. He later committed two new thefts. He was charged with the two new offenses,…

Justia Opinion Summary: Appellee Timothy West was charged with three counts of knowingly possessing or attempting to obtain the drug Tramadol by misrepresentation, fraud, forgery, deception, or subterfuge. The indictment alleged that the three…

Justia Opinion Summary: After the trial court denied Appellant Nelson Diaz's motions to suppress evidence, a jury convicted him of burglary of a habitation and assessed his punishment at 32 years in prison. The court of appeals affirmed the…

Justia Opinion Summary: Appellant Christopher Rion crashed his vehicle into another vehicle, leading to injuries to the other vehicle’s driver and the eventual death of its passenger. For that death, Appellant was charged with manslaughter, but…

Justia Opinion Summary: The Texas Court of Criminal Appeals granted review to decide whether a trial court has never-ending jurisdiction to grant “judicial clemency” after discharging a defendant from community supervision. In 2016, Appellee…

Justia Opinion Summary: In a single trial, Appellant Enrique Ramos was convicted both of continuous sexual abuse of a child, under Section 21.02(b) of the Texas Penal Code, and of prohibited sexual conduct under Section 25.02(a)(2). The latter…

Justia Opinion Summary: In early 2000, the victim and four of her friends traveled from Port Arthur to Houston to go to the rodeo. They checked into their hotel around 10:00 p.m. and decided to ride around the Richmond/Westheimer area. The…

Justia Opinion Summary: Applicant Michael Hill was convicted of second-degree felony sexual assault of a child and indecency with a child by contact. Based on an enhancement, he was automatically sentenced to life imprisonment for the…

Justia Opinion Summary: Appellant Bethany Maciel was convicted by jury of driving while intoxicated (DWI) with an alcohol concentration level of 0.15 or more, a Class A misdemeanor. The trial court assessed punishment at twenty days in jail and…

Justia Opinion Summary: In the early morning hours of September 26, 2015, Appellant Carlos Lozano shot and killed Jorge Hinojos in the parking lot outside Pockets Billiards and Fun in El Paso. Appellant went to Pockets to meet Fernanda Avila,…

Justia Opinion Summary: Appellant Jerod Roland pled no contest to official oppression, a Class A misdemeanor. The court of appeals held that the county court at law had no jurisdiction over the case because district courts and criminal district…

Justia Opinion Summary: Appellant Phi Van Do was charged with DWI. A first-time DWI is a Class B misdemeanor unless the Stat also proves that an analysis of a specimen of the person’s blood, breath or urine showed an alcohol concentration of…

Justia Opinion Summary: At his trial for aggravated sexual assault of a child, Appellant Roberto Hernandez unsuccessfully sought jury instructions on lesser offenses of indecency with a child. The court of appeals reversed the trial court’s…

Justia Opinion Summary: Appellee Martin Lopez spend 112 days in jail on felony charges, that was reduced after 85 days to a Class A misdemeanor. After the trial court granted Appellee’s motion for speedy trial and dismissed the case, the State…

Justia Opinion Summary: A confidential informant employed by a police agency arranged to purchase methamphetamine from Appellant Darren Biggers. When Appellant arrived in his vehicle at the arranged place and time, officers detained him for a…

Justia Opinion Summary: The issue in this case is whether the trial court should have permitted Appellant Jose Sanchez to withdraw his waiver of a jury trial that was executed in anticipation of a negotiated plea that was never consummated.…

Justia Opinion Summary: The trial court suppressed two of Appellee Erlinda Lujan's three recorded, custodial statements, and the State appealed those rulings. The court of appeals upheld the suppression of one of the statements. The Texas Court…

Justia Opinion Summary: Appellant Jesse Villafranco, Jr. was charged with aggravated sexual assault, attempted indecency with a child, and indecency with a child by exposure. At trial, Appellant sought to ask the victim about a previous…

Justia Opinion Summary: At the punishment stage of AppellantJuan Macedo’s trial, a police report regarding an extraneous offense was admitted into evidence over a hearsay objection. Although the judgment convicting Appellant of that extraneous…

Justia Opinion Summary: Appellant Marvin Rodriquez was charged with murder. At trial he requested jury instructions on the defenses of necessity, self-defense, and defense of a third person. The trial court denied his request, and he was…

Justia Opinion Summary: Appellant Christopher Simms was convicted of aggravated assault for causing a fatal head-on car accident. At trial, Appellant acknowledged that he was speeding immediately before the accident, but testified that he dozed…

Justia Opinion Summary: Police were told that the house at 318 Avenue A in South Houston was a site of drug dealing. During a week of surveillance, narcotics K-9 officers arrested four people leaving the house in possession of methamphetamine,…

Justia Opinion Summary: Appellant Allen Lanclos was arrested on August 23, 2020, for assault on a public servant. The trial court set his bonds at a total of $2,250,000. Appellant could not post bonds in that amount and unsuccessfully sought…

Justia Opinion Summary: The Texas Court of Criminal Appeals addressed whether an incarcerated defendant was entitled to the 10-day grace period for filing a notice of appeal when he omitted the words “district clerk” from the envelope he used…

Justia Opinion Summary: Appellant Robert Herron, a sex offender, was released on parole after signing pre-release paperwork reflecting that upon release he would reside in a halfway house in El Paso County. The pre-release paperwork also…

Justia Opinion Summary: Appellant Oscar Sanchez, Jr. was convicted of failure to stop and render aid, and he was placed on probation. He filed an Article 11.072 habeas proceeding, alleging that trial counsel was ineffective for failing to…

Justia Opinion Summary: After hotel management smelled marijuana smoke coming from a guest room, a hotel employee knocked on the door in an attempt to evict the guests. After this attempt was unsuccessful, a manager later requested police…

Justia Opinion Summary: A fifteen-year-old girl was kidnapped. Appellee Ricardo Mata called the girl’s mother and demanded a ransom of $300 for her release. He said this was the amount he had “paid” for her. A sheriff's investigator posed as a…

Justia Opinion Summary: In 2016, complainant Veronica Lopez and her husband, Jorge, drove their truck to a tire store called Truck Zone. Jorge went into the store while Veronica waited in the passenger seat of the truck. The truck was unlocked,…

Justia Opinion Summary: Appellant Kedreen Pugh was arrested pursuant to a warrant. At the time he was arrested, he was the driver and sole occupant of a car registered to his wife. On the way to the police station, he volunteered to an officer…

Justia Opinion Summary: After Appellant Joseph Gomez was charged with two felonies, a magistrate set his bonds at a combined total of $40,000. The trial court revoked and raised them to $150,000. The court of appeals reversed the trial court’s…

Justia Opinion Summary: Issac Williams was convicted by jury of continuous trafficking of persons and was sentenced to fifty years in prison. Williams testified that he committed no offense at all. The court of appeals held that the trial court…

Justia Opinion Summary: In 2018, a school counselor contacted the Texas Department of Family and Protective Services (“the Department” or “TDFPS”) regarding her concerns about potential child abuse involving Appellant Michael Hammack’s…

Justia Opinion Summary: This case was remanded to the Texas Court of Criminal Appeals from the United States Supreme Court. Regarding one of Applicant Terence Andrus’ ineffective-assistance claims, the federal Court held Applicant satisfied the…

Justia Opinion Summary: Appellant Us Carnell Petetan, Jr. was convicted of the capital murder of his wife, Kimberly Petetan. The jury rejected, in a special issue, Appellant's claim that he was intellectually disabled and therefore…

Justia Opinion Summary: Appellant Alberto Montelongo was charged with one count of attempted capital murder of Jesus Rodriguez and Angelica Parra, five counts of aggravated assault with a deadly weapon, and one count of continuous family…

Justia Opinion Summary: An officer activated his emergency lights and approached a parked vehicle at a “park and ride” lot. The main use of the park-and-ride was “during the daytime for people that go into plant traffic and park,” but it was…

Justia Opinion Summary: Appellant Juan Raul Navarro Ramirez appealed a trial court’s denial of his motion for post-conviction DNA testing. Appellant was convicted and sentenced to death in 2004 for intentionally and knowingly causing the deaths…

Justia Opinion Summary: The veniremembers summoned for Appellant Jeffrey Spielbauer’s non-death, capital-murder trial were required to answer a questionnaire that asked, among other things, whether they had heard about Appellant’s case and…

Justia Opinion Summary: Cambodian national and appellant, Vith Loch, pled guilty to murder. A jury sentenced him to life and assessed a $10,000 fine. The Court of Appeals reversed, finding the trial court erred when it failed to properly…

Justia Opinion Summary: Appellant Matthew Allen was convicted by jury of committing Continuous Sexual Abuse of a Young Child, Indecency with a Child by Exposure, and Indecency with a Child by Contact. Appellant challenged the sufficiency of the…

Justia Opinion Summary: Early one morning in March 2017, a telephone caller to the Van Alstyne Police Department reported a gray minivan being driven erratically. The caller, who was driving in the same direction, followed the minivan to a gas…

Justia Opinion Summary: Appellant Christopher Miranda, a high school gymnastics coach in El Paso, was accused of having improper relationships with three of his female students. He confessed to a school administrator to engaging in sexual…

Justia Opinion Summary: In November 2017, a jury convicted Appellant William Hudson of capital murder for murdering Carl and Hannah Johnson. Pursuant to the jury’s answers to the special issues set forth in Texas Code of Criminal Procedure…

Justia Opinion Summary: The issue this case presented for the Texas Court of Criminal Appeals centered on whether a police officer's entry into a residence was reasonable under the Forth Amendment, when a firefighter, in the line of duty, asked…

Justia Opinion Summary: Appellant Dallas Curlee was convicted of possession of a controlled substance within 1,000 feet of a drug-free zone (a playground). Appellant challenged the sufficiency of the evidence, specifically, the requirement that…

Justia Opinion Summary: The issue this case presented for the Texas Court of Criminal Appeals was at what point could an appellant timely object to the thirteenth juror's presence when an alternate juror retires with the jury and was present…

Justia Opinion Summary: After the trial court denied his motion to suppress his confession, Appellant Jesse Martinez pled guilty to murder and was sentenced to 30 years in prison. Appellant was 19 years old, had no prior arrests, and had never…

Justia Opinion Summary: In March 2005, a jury found Applicant Humberto Garza guilty of murdering six men in the course of committing or attempting to commit robbery. Applicant was sentenced to death for these crimes, and his sentence was…

Justia Opinion Summary: Appellant Juan Carlos Flores robbed a convenience store, pretending he had a gun. The “gun,” however, was an electric drill covered in plastic bags with a black sleeve over the drill bit. Believing the drill was a gun,…

Justia Opinion Summary: Appellant Anthony Carter was convicted by jury of possession of a Penalty Group 2-A controlled substance, with intent to deliver. He was subsequently sentenced to 90 years in prison and received a $100,000 fine. The…

Justia Opinion Summary: Appellant Bryant Dulin was convicted of twelve offenses. Court costs were assessed in two of the cases at the time of judgment. Those costs totaled $589 and $639. A bill of cost for each judgment showed that the costs…

Justia Opinion Summary: Appellant Harold Holoman was convicted by jury of misdemeanor assault. The trial judge allowed the State, at the punishment phase of trial, to prove an otherwise-elemental prior conviction that caused Appellant to be…

Justia Opinion Summary: Applicant Steven Thomas was 16 when he committed capital murder. When he was 19, the juvenile court waived its exclusive jurisdiction and transferred Applicant’s case to district court, where Applicant pleaded guilty to…

Justia Opinion Summary: The court of appeals reversed a trial court's second punishment hearing granted pursuant to a writ of habeas corpus. Appellant James Harbin, II was eighteen years old when he shot and killed his father in 1991. The issue…

Justia Opinion Summary: The appellants in consolidated cases were charged with occlusion assault under Texas Penal Code Section 22.01(b)(2)(B). At their respective trials, they each requested an instruction on bodily-injury assault as a…

Justia Opinion Summary: This case concerned the admission of 33 of 34 exhibits during the punishment phase of Appellant Ralph Watkins’ trial for possession with intent to deliver a controlled substance. The exhibits were a collection of booking…

Justia Opinion Summary: Appellant Zaid Najar was convicted of evading arrest in a motor vehicle. In his motion for new trial, he presented affidavits citing a conversation with a juror who stated that during deliberations the jurors heard a…

Justia Opinion Summary: When the alleged victim of a family-violence assault failed to show up for trial, the State sought to introduce her prior out-of-court statements about the assault. Appellant Frederick Brown objected on the basis of his…

Justia Opinion Summary: Defendant Kim Ogg sought to waive his right to a jury trial and have a bench trial. By statute, the State had the authority to refuse to consent to such a waiver, and the State refused to consent here. The trial court…

Justia Opinion Summary: In applying for a blood-alcohol search warrant, a police officer submitted an unsworn probable-cause affidavit. Finding that the affidavit articulated probable cause but not realizing that it was unsworn, a magistrate…

Justia Opinion Summary: In a subsequent application for writ of habeas corpus, Applicant Stephen Barbee sought relief under McCoy v. Louisiana, 138 S. Ct. 1500 (2018), which he claimed was a previously unavailable legal basis for his claim. The…

Justia Opinion Summary: Relator was John Best, the District Attorney for the 119th Judicial District, and this case involved five codefendants who were all indicted for offenses arising out of the same criminal episode, a shooting that occurred…