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  • Prestiano v. State Of Texas

    Publication Date: 2019-04-08
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Justice Goodman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 01-17-00763-CR

    In three issues, appellant challenged three judgments of conviction for aggravated sexual assault of a child younger than six years old, contending: (1) as to the third count in the indictment only, the evidence is legally insufficient to sustain his conviction, in which the state alleged that he penetrated the child's mouth with his penis; (2) the trial court erred in overruling his hearsay objection to a picture of sex toys drawn by the child during therapy; and (3) his trial lawyer rendered ineffective assistance by not lodging a h

  • State Of Texas v. Cabral Tapia

    Publication Date: 2019-04-08
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Justice Quinn
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 07-18-00252-CR

    A trooper stopped appellee after witnessing miscellaneous traffic violations and, after smelling alcohol, he administered a horizontal gaze nystagmus test.

  • Ex Parte Patricio Estrada

    Publication Date: 2019-04-08
    Practice Area: Constitutional Law | Criminal Appeals | Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Justice Higley
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 01-18-00792-CR

    Appellant challenged the trial court's order denying his pro se application for a pretrial writ of habeas corpus, filed under article 11.08 of the Texas Code of Criminal Procedure, and contended that he was entitled to immediate release from custody on five grounds: (1) a violation of the Fifth Amendment Double Jeopardy Clause; (2) a Sixth Amendment violation for ineffective assistance of counsel; (3) a violation of the Fifth Amendment Due Process Clause; (4) vindictive prosecution; and (5) a Sixth Amendment violation of the Speedy Tr

  • Clark v. State Of Texas

    Publication Date: 2019-04-08
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Justice Kreger
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 09-17-00401-CR

    Appellant was indicted for the offense of evading arrest or detention with a motor vehicle, a third-degree felony.

  • Murphy v. Collier

    Publication Date: 2019-04-08
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Fifth Circuit
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-70007

    Eight days before his scheduled execution for the 2000 murder of a police officer, appellant petitioned the Texas Court of Criminal Appeals for a writ of prohibition seeking to prohibit his execution until the state allowed his preferred spiritual advisor a Buddhist priest to be physically present in the execution chamber at the time of the execution.

  • Siller v. State Of Texas

    Publication Date: 2019-04-01
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Justice Bailey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 11-15-00016-CR

    The warrant in this case was issued based on evidence that Siller had committed the offense of improper photography or visual recording.

  • Wheeler v. State Of Texas

    Publication Date: 2019-04-01
    Practice Area: Constitutional Law | Criminal Appeals | Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Justice Gabriel
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 02-18-00197-CR

    Wheeler was arrested for driving under the influence after being found asleep in the driver's seat of an idling vehicle in a fast food drive through lane.

  • State of Texas v. Martinez

    Publication Date: 2019-04-01
    Practice Area: Constitutional Law | Criminal Appeals | Privacy
    Industry:
    Court: Court of Criminal Appeals
    Judge: Judge Walker
    Attorneys: For plaintiff:
    for defendant:
    Case Number: PD-0878-17

    After appellee, Juan Martinez, Jr., was indicted for intoxication manslaughter, he filed a motion to suppress that challenged the state's seizure and search of vials of his blood which were previously drawn at a hospital for medical purposes.

  • Harris v. State Of Texas

    Publication Date: 2019-04-01
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Justice Triana
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 03-17-00539-CR

    A jury convicted appellant of murdering Byron Roberson, who was found with twenty-four stab wounds, eleven of which were to the head and neck.

  • Villanueva v. State Of Texas

    Publication Date: 2019-04-01
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Justice Radack
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 01-18-00115-CR

    After a witness identified appellant as an individual who pulled an elderly man from his walker, struck him, and stole his wallet, police arrested appellant and retrieved the stolen wallet.