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Texas Circumstantial Evidence Law
Timothy Deshun Waters v. The State of Texas

D.H., the complainant, has a full-scale IQ of 53 and has been diagnosed with
bipolar disorder, schizophrenia, and mental retardation. In 2012, when D.H. was
seventeen years old, she was placed in the home of Rita Stevenson, a foster parent
for mentally challenged adults.
During this time period, appellant was living with his sister, Rebecca
Thompson, who was friends with ... More...
   $0 (05-24-2016 - TX)

Kelly Kita Sheffield v. The State of Texas

The evidence in the record shows that, on March 17, 2011, Child Protective Services
(“CPS”) obtained a court order to remove appellant’s ten-month-old daughter, L.S., from appellant’s
custody. CPS Investigator Gina Bushey testified that she obtained the order after she conducted an
investigation in which she substantiated allegations “concerning drug use by the parents, domestic
v... More...
   $0 (05-23-2016 - TX)

Devany Charone Sneed v. The State of Texas

Appellant Devany Charone Sneed appeals from a judgment adjudicating
her guilty of assault causing bodily injury to a public servant in retaliation for an
official duty. See Tex. Penal Code Ann. § 22.01(a)(1), (b)(1) (West Supp. 2015).
Directing us to our opinion in Rains v. State, 678 S.W.2d 308 (Tex. App.—Fort
Worth 1984, pet. ref’d), Sneed complains that her due process and... More...
   $0 (05-23-2016 - TX)

Joseph Daryl Mathis v. The State of Texas

Mathis was charged by indictment with aggravated assault of a public
servant. Pursuant to a plea agreement with the State, Mathis pleaded guilty to the
charged offense and the trial court placed Mathis on a five year term of deferred
adjudication community supervision. During Mathis’s term of supervision, the
State filed a motion to adjudicate his guilt, alleging that Mathis h... More...
   $0 (05-23-2016 - TX)

James Lee Skinner v. The State of Texas

On August 4, 2011, the Harris County Magistrate issued a search warrant for
Skinner’s residence located in Houston, Texas. Houston Police Department
Officer B. McCord authored the warrant affidavit, which provided the following
factual support:
Within the past forty eight (48) hours, Houston Police Sergeant J. Yencha and your Affiant met with a credible and reliable confidenti... More...
   $0 (05-23-2016 - TX)

Justin Wayne Parris v. The State of Texas

In June 2009, Appellant lived in a house with his 12-year-old sister,
Danielle; his mother; and his 82-year-old grandfather, Johnnie Gonzales, who
owned the home. Gonzales also owned the house next to his home and the house
behind his home. Gonzales’s ex-wife and his son, Thomas, lived in the house next
door. Gonzales’s son, Junior, and Junior’s wife, Mary, lived in the hous... More...
   $0 (05-23-2016 - TX)

Paul Briones v. The State of Texas

The complainant testified that during the summers of 2004, 2005, and 2006,
she and her older sister spent many weekends visiting the home of appellant, their
uncle; Joanna Briones, their aunt; and their three cousins. Appellant was then a
law enforcement officer who worked often and was “never home.” One night,
during a weekend visit in 2004, when the complainant was ten year... More...
   $0 (05-23-2016 - TX)

Alejandro Daniel Avila v. The State of Texas

The grand jury indicted Appellant for two counts of aggravated sexual assault of a child under the age of fourteen. The indictment alleged that Appellant intentionally and knowingly penetrated the child’s sexual organ with his sexual organ and intentionally and knowingly penetrated the child’s sexual organ with his finger. See PENAL § 22.021(a)(1)(B)(i). Appellant pleaded not guilty to both cou... More...   $0 (05-20-2016 - TX)

Michael Cornelius Pratt v. The State of Texas

Appellant, while in custody, received his Miranda1 and statutory warnings from Rogelio Romero,2 a detective with the Abilene Police Department. Abilene police interviewed Appellant for approximately two hours over a period of four hours and twenty minutes and recorded the interview. At the beginning of the interview, Appellant acknowledged that he understood the warnings given to him and Appella... More...   $0 (05-20-2016 - TX)

Olivia Carrion v. The State of Texas

Rodney Smith, an officer with the Abilene Police Department, had worked as a narcotics agent for more than twenty years. Agent Smith had completed arrests for both possession of controlled substances and possession with intent to deliver controlled substances. Smith explained that a typical user purchases less than a gram of methamphetamine, which sells for $100, and will divide that amount into... More...   $0 (05-20-2016 - TX)

Robert Elester Latham v. The State of Texas

Around 10:00 or 11:00 a.m. on October 29, 2012, Appellant arrived for a social visit at Connal Jennings’s apartment. In addition to Jennings, two other people were present in the apartment when Appellant arrived: Raimee Brown and Wayland Buddy Bailey. Brown testified that she, Appellant, Jennings, and Bailey all smoked methamphetamine together that morning. Sometime before noon, Brown was stabbe... More...   $0 (05-20-2016 - TX)

Starsky James Andrus v. The State of Texas

In 2013, Andrus was indicted for “intentionally” entering a habitation owned by S.L.1 with the intent to commit theft. The indictment includes an enhancement count, which states that Andrus had a previous conviction for burglarizing a habitation. Briefly, the facts proven during trial regarding the circumstances of the
offense show that on the morning of November 25, 2013, S.L., the individua... More...
   $0 (05-20-2016 - TX)

James Lee Botley v. The State of Texas

In 2012, a grand jury indicted Botley for robbing I.M.2 with a firearm. The
robbery occurred at a convenience store on the morning of November 22, 2012.
I.M. was working in the store as a clerk. During the trial, I.M. testified that he was
robbed by a man holding a gun, wearing a black mask that covered his face, a hood
over his head, and a white sock that covered his hand. I.... More...
   $0 (05-20-2016 - TX)

Ronald Eisley v. The State of Texas

Around 9:30 p.m. on October 13, 2011, two men robbed T.R.1 while he was
delivering pizza to a residence in the southern part of the City of Beaumont. In the
robbery, one of the two men involved shot T.R. with a handgun in the right arm.
Approximately five weeks after the robbery occurred, police showed T.R. a photo
array to determine if he could identify the individuals that ro... More...
   $0 (05-20-2016 - TX)

The State of Texas v. Rosa Elena Arizmendi

Appellee and the State entered into a plea bargain and the trial court approved
the State’s recommendation for her sentence. As part of the agreement, Appellee
signed a document entitled “Waivers” which included a boiler-plate waiver of the time
provided by law to file a motion for new trial and motion in arrest of judgment. Following
her conviction, she nonetheless filed a M... More...
   $0 (05-20-2016 - TX)

David Walter Bridgman v. The State of Texas

Following a plea of not guilty, Appellant, David Walter Bridgman, was convicted
in a bench trial of theft of property valued at $1,500 or more but less than $20,000, a
state jail felony,1 enhanced to a second degree felony by two prior felony convictions.2
Punishment was assessed at confinement for seven years. By a sole issue, Appellant
contends the evidence is insufficient ... More...
   $0 (05-20-2016 - TX)

Derrick Davenport v. The State of Texas

In August 2014, appellant was charged by information with the offense of
attempted retaliation. Appellant pled guilty to the charged offense. At a September 2014
hearing, the trial court deferred a finding of guilt and placed appellant on deferred
adjudication community supervision for a term of three years.
The State filed a motion to proceed with adjudication of guilt in Apr... More...
   $0 (05-20-2016 - TX)

Jesus Dominguez Mata v. The State of Texas

Per the record, appellant was in the apartment of Alcoser, the apartment’s
resident. Though he had previously resided there with her, she had asked him to leave
about a month earlier. On the day of the burglary, Alcoser had returned from staying at
her daughter’s house, entered the abode, called her daughter, encountered someone
shining a flashlight in her eyes while on the p... More...
   $0 (05-20-2016 - TX)

Christopher Alan Ray v. The State of Texas

On conviction by a jury of aggravated sexual assault of a child and indecency with a child
by sexual contact, Christopher Alan Ray was sentenced to twenty-five years’ and five years’
confinement, respectively. See TEX. PENAL CODE ANN. § 22.021 (West Supp. 2015), § 21.11
(West 2011). Ray appeals.
Ray’s appellate attorney filed a brief setting out the procedural history of the ... More...
   $0 (05-20-2016 - TX)

Ashley Renee Williams v. The State of Texas

Ashley Renee Williams appeals her conviction for intentional bodily injury to a child. See
TEX. PENAL CODE ANN. § 22.04(f) (West Supp. 2015). Williams was sentenced to four years’
imprisonment. Williams was represented by retained counsel at trial and a different appointed
attorney on appeal.
William’s attorney on appeal has filed a brief which discusses the record and revi... More...
   $0 (05-20-2016 - TX)

John Paul Rangel v. The State of Texas

As appellant does not challenge the sufficiency of the evidence to support his conviction,
we will only briefly recount the evidence where necessary to address appellant’s issues and to
provide background for this case.
The complainant, identified as M.R., was twelve years old at the time of trial. M.R. first
met and began visiting appellant, her biological father, when she w... More...
   $0 (05-20-2016 - TX)

Ozumba Onwughalu Lnukx v. The State of Texas

On the evening of October 17, 2012, appellant was waiting for a bus to go home after
shopping at Aldi grocery store. Because it was a high-crime neighborhood, he carried concealed
handguns.2 He was sixty-six years old at the time and in poor health.
The events that subsequently transpired vary greatly between appellant, two eye
witnesses, and the complaining witness. We ... More...
   $0 (05-20-2016 - TX)

Patrick Ladon Scroggins v. The State of Texas

A grand jury indicted appellant for possession with intent to deliver more than one, but
less than four, grams of cocaine and possession of less than one gram of heroin. The indictments
also included allegations that (1) appellant committed the offenses in a drug-free zone, (2)
appellant used or exhibited a firearm in the commission of the offenses, and (3) appellant had a
pri... More...
   $0 (05-20-2016 - TX)

Cody John Holt v. The State of Texas

The factual background in this opinion is based on the evidence adduced at trial, the
evidence adduced during the hearing on Holt’s motion to suppress, and the trial court’s findings
of fact relating to that hearing. To the extent possible, the evidence from the hearing on the
motion to suppress and the trial is presented in chronological order.
Lisley Holt and Richard Romans ... More...
   $0 (05-20-2016 - TX)

Dadrian Nakia Ayers v. The State of Texas

Appellant Dadrian Nakia Ayers pleaded guilty to charges of robbery and aggravated
assault involving family violence and a deadly weapon. Appellant received deferred
adjudication community supervision in each case for four years. Approximately two years later,
the State moved to revoke appellant’s probation and to proceed with adjudication of his guilt,
alleging he had violate... More...
   $0 (05-20-2016 - TX)

William Simons v. The State of Texas

On March 11, 2014, Quilter died of gunshot wounds inflicted by Simons, her long-time
boyfriend with whom she lived. Simons was charged with murder.
Sergeant Phillip Stewart, a Kaufman County Sheriff’s Office criminal investigator,
testified that he arrived at the Kemp, Texas, crime scene at approximately 10:05 p.m. Quilter
was deceased and laying on the front porch of the m... More...
   $0 (05-20-2016 - TX)

Fernando Torres v. The State of Texas

Torres was charged by information with aggravated assault with a deadly weapon based
on an incident that occurred on May 22, 2014. See TEX. PENAL CODE ANN. § 22.02(a) (West
2011). Torres subsequently entered a plea of guilty pursuant to a plea bargain agreement in which
the State agreed to dismiss a sexual assault charge arising out of the same incident and to a cap of
ten ye... More...
   $0 (05-19-2016 - TX)

Rodney Joe Garrett v. The State of Texas

On February 11, 2014, Derek Branning was driving north on Interstate 35 when he
recognized a white semi-truck that had been stolen from his workplace several weeks earlier.
Branning called 9-1-1 and continued to follow the truck until law enforcement officers arrived.
Bexar County Sheriff’s Office (“BCSO”) Deputy Derrick Crawford had been working
patrol in his marked police... More...
   $0 (05-19-2016 - TX)

The State of Texas v. Timothy Lynn Simon

Simon was charged with the offense of driving while intoxicated. Simon filed a motion to
suppress evidence and statements he made to the police. At the suppression hearing, the State
called two San Antonio Police Officers, William Dains and Kevin Dorsey, to testify. In addition,
the trial court viewed videotapes from cameras mounted in the officers’ patrol cars.
The evidence p... More...
   $0 (05-19-2016 - TX)

Emilio Ledesma, Jr. v. The State of Texas

In 1991, Emilio Ledesma was convicted of robbery and sexual assault. He
was sentenced to thirty years’ imprisonment for the sexual assault and
subsequently was released on parole. Upon release from an intermediate sanction
facility (ISF) where he had been serving time for a parole violation, a parole officer
admonished Ledesma about his parole reporting requirements, includin... More...
   $0 (05-19-2016 - TX)

Tamara Danielle Hines v. The State of Texas

On January 17, 2014, around 2:00 a.m., the store manager at Walmart received a tip that two females were acting suspiciously in the garden center of the store. The store manager went to the store’s asset-protection office to view the security video feed for that area. He saw two females in the garden center “throwing merchandise under the fence.”1 On the live video feed, the store manager saw o... More...   $0 (05-17-2016 - TX)

Darrell King Jefferson v. The State of Texas

In the early evening on March 10, 2013, the complainant1 called 911 dispatch three times, complaining of appellant, with whom she had a personal relationship: (1) first, to advise that appellant had entered her home without permission and tried to break her phone; however, she cancelled dispatch because he was leaving the house; (2) next, to notify that appellant had assaulted her and to request ... More...   $0 (05-17-2016 - TX)

Felix Sanchez-Suarez v. The State of Texas

Officer Duran was providing security at a café and wine bar when a busboy informed him that he had observed a man using cocaine in the bathroom. Duran was in full uniform. The busboy pointed out the man, identified by Duran as appellant. Duran approached appellant and asked if he would go outside with him and talk. According to Duran, appellant said, “yes,” stood up, and voluntarily followed Duran... More...   $0 (05-17-2016 - TX)

Tony Lamont Jones v. The State of Texas

Appellant was charged by indictment with felony theft and pleaded “guilty.” The trial court deferred finding Appellant “guilty” and placed him on community supervision for four years. As a condition of his community supervision, Appellant agreed to pay “all court cost[s], including any appointed counsel fee at the rate of $20 each month beginning October 2014.” On July 1, 2015, the State filed ... More...   $0 (05-17-2016 - TX)

Kelton Derek Wilson v. The State of Texas

On the final day of a drug-induced crime spree, Appellant led numerous officers from multiple law enforcement agencies on a chase, reaching speeds in excess of 120 miles per hour. The chase ended when Appellant rammed a police car with the stolen pickup he was driving. Appellant pleaded guilty to evading arrest and aggravated assault against a public servant with a deadly weapon. After a hearin... More...   $0 (05-17-2016 - TX)

Mark Eric Emanuel v. The State of Texas

Ashley Lewis1 lived with her grandmother in Palestine, Texas, along with other family members including her uncle, Appellant; two cousins; and at least intermittently, her father. One of Appellant’s roles in the household was to insure the grandchildren did their household chores, cleaned their rooms, and obeyed his mother, their grandmother. On the pretext of going to get some things for Ashley ... More...   $0 (05-17-2016 - TX)

Raymond Ross Mormino, II v. The State of Texas

On January 23, 2012, McLennan County Sheriff’s Deputy Tyrone Caldwell was off
duty and exercising in a local park. Deputy Caldwell was hit by a vehicle driven by
Appellant and suffered severe injuries. Appellant fled the scene, but police received
information linking Appellant to the accident. Police went to Appellant’s residence and
located a vehicle containing pieces of h... More...
   $0 (05-16-2016 - TX)

Hector Martinez v. The State of Texas

Appellant worked as the bookkeeper for Desert Rock Company, Inc., a family-owned
landscape stone business. As part of his duties, Appellant was authorized to pay himself, and
many of the Desert Rock employees, by electronically transferring the payroll payments from
Desert Rock’s bank account directly into the employees’ bank accounts. About three years after
Appellant becam... More...
   $0 (05-16-2016 - TX)

Craig Rudy Reynolds v. The State of Texas

At trial, the State introduced three “pen packets” into evidence to prove that Reynolds was
previously convicted of three prior felony offenses as alleged by the State in its notice of intent to
seek an enhancement. The State’s primary witness, Investigator Ron Moe of the Comanche
County Sheriff’s Office, testified about the pen packets, which were admitted as State’s Exhibits
... More...
   $0 (05-16-2016 - TX)

Brendan Xavier Douglas v. The State of Texas

A Gregg County jury found Brendan Xavier Douglas guilty of the May 15, 2012, capital
murder of Deandre Rossum, and the trial court sentenced him to the mandatory punishment of life
imprisonment without parole.1 In his appeal to this Court, Douglas asserts that there was legally
insufficient evidence to convict him of capital murder and that the trial court erred (1) in failing to <... More...
   $0 (05-16-2016 - TX)

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