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Texas Circumstantial Evidence Law
 

James Earl Love v. The State of Texas

Waco man gets life in prison for continuous sexual abuse of child

A McLennan County grand jury returned an indictment alleging that Love, during
a period that was thirty days or more in duration—specifically, from on or about January
1, 2010 to September 1, 2013—committed two or more acts of sexual abuse against Z.L.,
Love’s grandson, who was then under the age of fourteen. See id.
Prior to trial, Love filed a “Motion to Declare Continuous S... More...
   $0 (01-20-2018 - TX)

Julio Cesar Flores, Jr. v. The State of Texas

Detective Jason Schipper of the Stephenville Police Department was the only witness that testified at the suppression hearing. At 10:30 p.m. on February 7, 2015, Detective Schipper was patrolling the east side of Stephenville. He observed a green Ford Explorer parked in the parking lot of the Stephenville Soccer Complex. Detective Schipper testified that the vehicle was parked in a dark area of... More...   $0 (01-20-2018 - TX)

Gary Zuniga, Jr. v. The State of Texas

Appellant’s court-appointed counsel has filed a brief in which he has concluded that the
appeal is wholly frivolous and without merit. The brief meets the requirements of Anders v.
California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), by presenting a professional
evaluation of the record demonstrating why, in effect, there are no arguable grounds to be
advanced. See... More...
   $0 (01-20-2018 - TX)

Arminius Dejuan Jones v. The State of Texas

Court of Appeals Fifth District of Texas at Dallas

Appellant pleaded guilty to aggravated assault with a deadly weapon, pursuant to a
negotiated plea bargain agreement. The trial court accepted the plea, deferred adjudication, and
placed appellant on community supervision for a period of five years. The State subsequently
filed a motion to proceed with an adjudication of guilt, alleging appellant violated various
conditions o... More...
   $0 (01-20-2018 - TX)

Michael Castilla v. The State of Texas

Fourth Court of Appeals San Antonio, Texas

When Castilla had outstanding warrants for his arrest, several San Antonio Police
Department officers executed those warrants and arrested Castilla at his home. A firearm was later
found in the grass outside the house where Castilla was arrested. At the time of his arrest, Castilla
had a prior felony conviction for evading arrest or detention.
Castilla was indicted for “inten... More...
   $0 (01-20-2018 - TX)

Bruce Frank Ruark v. The State of Texas

A denial of habeas corpus relief is reviewed under an abuse of discretion standard.
Ex parte Wheeler, 203 S.W.3d 317, 324 (Tex. Crim. App. 2006); Hernandez-Prado v. State,
No. 03-15-00290-CR, 2016 WL 3144113, at *4 (Tex. App.—Austin May 26, 2016, no pet.) (mem.
op., not designated for publication). A habeas court abuses its discretion, and the appellate court
will reverse the habe... More...
   $0 (01-20-2018 - TX)

David Wilbanks v. The State of Texas

The Colony resident sentenced to 60 years for child molestation

When she was fourteen years old, Gloria3––who had lived with Wilbanks
from time to time while he financially and emotionally supported her family––told
her best friend’s mother that Wilbanks had repeatedly performed sexual acts with
her, beginning with fondling when she was six years old and continuing until the
time of her outcry. At the urging of her friend’s mother, Gloria ... More...
   $0 (01-20-2018 - TX)

Eli Madison III v. The State of Texas

Second Court of Appeals - Texas Courts

Madison was a long-time member of Pilgrim Valley Missionary Baptist
Church. Since 1970, the church was a beneficiary of the Pilgrim Valley Manor
Housing Trust, of which the principal asset was an apartment complex known as
Pilgrim Valley Manor Apartments. Around 2005, the Housing Trust had only one
active member—Velmeta Washington—on its board of trustees. Washington
ne... More...
   $0 (01-20-2018 - TX)

JOEL DEVIN ROBINSON V. THE STATE OF TEXAS

Texas First District Court of Appeals

At trial, the evidence showed that Robinson and another man committed an
armed robbery at a Whataburger. Surveillance video showed Robinson holding a
backpack while the other man pointed a shotgun at the cashier’s head. Robinson and
the other man fled when an alarm sounded, and Robinson was apprehended shortly
thereafter. The jury found Robinson guilty of aggravated robbery. More...
   $0 (01-20-2018 - TX)

Jason Ray Pickett v. The State of Texas

Man Arrested in Connection With Brazen Bistro Robbery By Frank Heinz

On the evening of May 29, 2013, Amara Chan and Cathy Swartz were having dinner at
Tang’s Pacific Bistro in Fort Worth, Texas. Jeff Tang, the Bistro’s manager, was also having
dinner at the bar. Sometime between 9:00 and 9:30 p.m., Tang saw a pickup truck drive up and
park near the side of the Bistro. A man in sunglasses, who Tang identified in court as Appellant,
entered the... More...
   $0 (01-17-2018 - TX)

James Dee Brewer, Jr. v. The State of Texas

Garland Police Officer Aaron Radney arrived at a Super 8 Motel looking for an unnamed
female on a matter unrelated to this case. After inquiring about the woman’s whereabouts, the
motel’s manager directed him to room 318 where he encountered Appellant James Brewer, who
answered the door. Officer Radney noticed that Appellant was holding a methamphetamine pipe
in his hand and ... More...
   $0 (01-17-2018 - TX)

Brian Trent Rosenbaum v. The State of Texas

Brian Trent Rosenbaum

Brian Trent Rosenbaum (appellant) appeals his conviction under § 25.07 of the
Texas Penal Code for violating a protective order and the accompanying twenty-five-year
prison term. One issue lies before us for disposition. It involves the sufficiency of the
evidence establishing that he previously violated two protective orders issued under
Chapter 85 of the Texas Family Code.... More...
   $0 (01-17-2018 - TX)

Brandon Brown v. The State of Texas

Court of Appeals Sixth Appellate District of Texas at Texarkana

Brandon Brown was convicted of murdering Christopher Guilbeau and was sentenced to
fifty years’ imprisonment. On appeal, Brown argues that (1) the trial court erred in failing to grant
his motion to suppress, (2) the evidence is legally insufficient to support the trial court’s finding
of guilt, and (3) the evidence is insufficient to support the assessment of $234.00 in court cost... More...
   $0 (01-17-2018 - TX)

Raynaldo Rivera Ortiz

Texas Fifth Court of Appeals, Dallas Texas

In his first issue, appellant contends the evidence is legally insufficient to prove he
committed cruelty to a nonlivestock animal. The information alleged appellant “intentionally,
knowingly, and recklessly caused bodily injury to an animal, to-wit: a dog by shooting the dog
with a pellet gun, without the effective consent of Roxanne Bogdan, the owner.” See TEX. PENAL
CODE A... More...
   $0 (01-17-2018 - TX)

Adrian Cardona Velasquez v. The State of Texas

5th Court of Appeals - Dallas, Texas

On August 4, 2014, L.P. and her two daughters, ten-year old E.P. and one-year old S.P.,
were walking to a supermarket in Dallas, Texas, when a small, red, four-door vehicle pulled up
next to them “very, very slowly, almost to a stopping point.” The driver was the only passenger
in the vehicle. E.P. was walking beside her mother, who was pushing S.P. in a stroller. E.P.
testi... More...
   $0 (01-17-2018 - TX)

William Childress v. The State of Texas

Third Court of Appeals, Austin, Texas

The jury heard evidence that, on the evening of March 13, 2016, Childress was in the
crowded Sixth Street entertainment district in downtown Austin during the South by Southwest
music festival. Officer John Evers testified that he first encountered Childress after a disturbance
arose between Childress and a security guard working outside of a restaurant. According to
Officer Ever... More...
   $0 (01-16-2018 - TX)

Garrett Ballard v. The State of Texas

Constable’s son convicted of capital murder after killing 2 friends

The following summary comes from the evidence presented at trial. The victims
in this case—Fox and E.B.—were friends with Ballard. Prior to the offense, the three men ate
dinner with E.B.’s family to celebrate E.B.’s birthday and then went to Ballard’s parents’ home
to hang out and to take a hallucinogen that they had purchased earlier from C.J. On the night 3
in question, Balla... More...
   $0 (01-16-2018 - TX)

Jeremy Teak Palmer v. The State of Texas

A jury found appellant Jeremy Teak Palmer guilty of the felony offense of driving
while intoxicated with two or more previous convictions for the same type of offense, a third-degree
felony. See Tex. Penal Code §§ 49.04 (driving while intoxicated), 49.09 (offense under Section
49.04 enhanced to third-degree felony punishment if person previously convicted two times for same
type o... More...
   $0 (01-16-2018 - TX)

Patrick Johnson v. The State of Texas

Third Court of Appeals, Austin, Texas

Johnson was charged with aggravated sexual assault of a child and with two counts
of indecency with a child. See Tex. Penal Code §§ 21.11(a)(1)-(2), 22.021(a). The alleged victim,
C.S., lived in Johnson’s neighborhood, and the indictment alleged that C.S. was under fourteen
years of age at the time of the offenses. During the trial, the State called several witnesses, including
... More...
   $0 (01-16-2018 - TX)

Christopher Rene Lopez v. The State of Texas

Christopher Rene Lopez Registered Sex Offender

Luis Osorio Chavez was the foreman for a landscaping work crew that
included Lopez and Manual Duran. During a typical workday in May 2014, the
three men climbed into a truck around 2:30 p.m. to leave a work site. Chavez
was in the driver’s seat, Lopez was in the passenger’s seat, and Duran sat
between them.
While in the truck, Chavez heard Lopez say something like, “[S]o y... More...
   $0 (01-16-2018 - TX)

Demico Stanley v. The State of Texas

Stanley sentenced to 75 years for Lewisville murder

In 2015, Richard Myles lived in a small, one-bedroom apartment on the
second floor of a building in the Hampton Bay apartment complex with his
fiancée, Laura, and their 23-month-old son, David.2 While Laura worked two
jobs, Myles cared for David. He also sold marijuana to earn extra money.
Whenever he left the apartment, he carried his marijuana stash with him in a
gree... More...
   $0 (01-16-2018 - TX)

Maria V. Pena v. City of Rio Grande City, Texas, Rosa Salinas, Jose Solis

Southern District of Texas Courthouse - Houston, Texas

Maria Peña sustained injuries as a result of a tasing by police officers for the City of Rio Grande City. Peña sued the city and two of the officers in state court, alleging excessive force under 42 U.S.C. § 1983 and negligence under the
Case: 16-41522 Document: 00514306262 Page: 1 Date Filed: 01/12/2018
No. 16-41522
2
Texas Tort Claims Act (“TTCA”).
1 Upon removal, the distric... More...
   $0 (01-15-2018 - TX)

United States of America v. Paul Suarez

Eastern District of Texas Federal Courthouse - Beaumont, Texas

A jury convicted Paul Suarez for his involvement in a drug trafficking
conspiracy and for firearms offenses. Suarez appeals contending that the
convictions were not supported by sufficient evidence. He also asserts that the
district court erred in imposing a 120-month (ten year) mandatory minimum
prison sentence for possession of a sawed-off shotgun in furtherance of a drug
tra... More...
   $0 (01-15-2018 - TX)

Western-Southern Life Assurance Company v. George W. Kaleh

Southern District of Texas Courthouse - Houston, Texas

This case involves a lender who sued a guarantor for the breach of three personal guarantees. George Kaleh signed the guarantee agreements in conjunction with a real-estate-development project, and Western-Southern Life Assurance Company financed the project. After the borrowers defaulted on the underlying loans, Western foreclosed on the property and sued Kaleh.
The district court conducted a... More...
   $0 (01-15-2018 - TX)

State of Louisiana v. Navarius Simon

On June 8, 2016, Donna Richardson, Simon’s parole officer, paid a
visit to Simon’s home, located at 400 Topeka Street in Mansfield, Louisiana.
Richardson testified that when she pulled up to the home, Simon, who was
outside washing his carport, noticed her and began walking into the house.
Richardson asked him to stop, but when he continued, she followed him into
the hom... More...
   $0 (01-12-2018 - TX)

Luis Armando Carreon v. The State of Texas

On April 17, 2006, pursuant to a guilty plea, the trial court convicted Carreon on two counts of burglary of a habitation, both second degree felonies. See TEX. PENAL CODE ANN. § 30.02(c)(2) (West, Westlaw through 2017 1st C.S.). On the only count that is the subject of this appeal, the trial court sentenced Carreon to ten years’ confinement, suspended the sentence, and placed Carreon on communi... More...   $0 (01-12-2018 - TX)

Mark Matthew de Rouville v. The State of Texas

Mark DeRouville is charged with criminal trespass.

On December 28, 2015, Appellant and James MacPherson went into Alto Parts Plus, an auto parts store, to buy a sawmill battery and to test a car battery. While in the store, they conversed with the salesperson, Cheyenne Deal. The store’s owner, Cynthia Hicks, observed Cheyenne looking uncomfortable and formulated a reason for Cheyenne to leave the conversation. Hicks asked the men if she could a... More...   $0 (01-12-2018 - TX)

Fredrick Bernard King v. The State of Texas

On February 23, 2017, Appellant was indicted for the offense of driving while intoxicated with a child passenger. Subsequently, Appellant waived his right to a trial by jury and entered a plea of “guilty.” After a sentencing hearing, the trial court orally pronounced Appellant’s punishment at imprisonment for eighteen months. On the record at the hearing, the trial court pronounced that there ... More...   $0 (01-12-2018 - TX)

Jermichael T. Smith v. The State of Texas

12th Court of Appeals Courthouse in Tyler, Texas

On April 22, 2016, Appellant drove Jordan Downs to Lynch’s Convenience Store (Lynch’s). Downs attempted to cash a check inside the store. The cashier refused to cash the check because it looked similar to a check that a previous customer brought in and that was recently returned to the store as fraudulent. After confirming that Downs arrived in the same vehicle as the previous customer and that... More...   $0 (01-12-2018 - TX)

Billy John Mason v. The State of Texas

On May 21, 2016, Appellant was taken by ambulance to Nacogdoches Memorial Hospital. Sergeant Roy Mobley, with the Nacogdoches County Sheriff’s Office, was working as a security officer at the hospital. Sergeant Mobley eventually arrested Appellant for public intoxication. While in custody, Appellant made statements to Sergeant Mobley which formed the basis for the retaliation charge for which A... More...   $0 (01-12-2018 - TX)

Brian Kenneth Manuel v. The State of Texas

Court of Appeals Ninth District of Texas at Beaumont

Brian Kenneth Manuel appeals from a judgment convicting him of unlawfully
possessing a firearm. See Tex. Penal Code Ann. § 46.04(a)(1) (West 2011)
(prohibiting a person who has been convicted of a felony from possessing a firearm
for a period of five years from the felon’s release from community supervision,
parole, or mandatory supervision, whichever is later). After Manuel ap... More...
   $0 (01-11-2018 - TX)

Viengthong Sikalasinh v. The State of Texas

Woman arrested after police chase facing additional charges for stabbing

In August 2015, an indictment was filed alleging that on or about July 2, 2015,
Appellant intentionally fled from Michael Fenwick, a person Appellant knew was a peace
officer who was attempting lawfully to arrest or detain her and that she did so while using
a vehicle. More than five months later, the State filed its Notice of Intent to Enhance
Punishment Range with Prior Felo... More...
   $0 (01-11-2018 - TX)

Keith William Lamerland v. The State of Texas

Court of Appeals For The First District of Texas

In 2013, the then-ten-year-old complainant, pseudonymously referred to as
Kathryn, spent the summer with her grandmother, Lori Lamerand, and step
grandfather, Keith Lamerand. Later that November, after Kathryn had returned
home and started school, she wrote a note to her teacher that said, “My papa has
been touching me and I did not tell my parents.”
Kathryn’s teacher se... More...
   $0 (01-11-2018 - TX)

Christopher Daniel Robinson v. The State of Texas

Fourteenth Court of Appeals - Texas Courts

While patrolling Interstate 10, Deputy Jose Quintanilla of the Harris County Sheriff’s Department observed a maroon Mazda 3 with Kentucky license plates veer unsafely out of its lane several times. He signaled the car’s driver to pull over. When the driver rolled down the car window, Quintanilla smelled marijuana. Quintanilla previously had observed that, in addition to the driver, there was a ... More...   $0 (01-09-2018 - TX)

Kevin James Milazzo v. The State of Texas

Texas Fifth Court of Appeals, Dallas Texas

The indictment alleged in part that “on or about” September 30, 2016, appellant “did then
and there intentionally prevent and obstruct N. GARCIA, a person the defendant knew to be a
peace officer, from effecting the arrest or search or transportation of the defendant, by using
force against said peace officer.”
At trial the State presented the testimony of Officer Ricardo Corr... More...
   $0 (01-09-2018 - TX)

Codie Adolphus Gamboa v. The State of Texas

Texas First District Court of Appeals

In March 2017, the State moved to revoke Gamboa’s community supervision,
alleging that he failed to comply with the following conditions:
 Commit no offense against the laws of this or any other State of the United States;
 Pay a supervision fee of $60 per month;
 Pay court costs of $50 per month; and
 Pay laboratory fees of $5 per month. More...
   $0 (01-09-2018 - TX)

Rocky Juan Longoria v. The State of Texas

A custody order governed Y.W.’s living arrangements. During the school
year, she lived with her mother, Amber Rau, and her stepfather, Longoria. During
the summers, Y.W. lived with her father, Bret Welch, and her stepmother, Anastasia
Welch. In 2014, when Y.W. was seven years old, Y.W. told Anastasia what Longoria
had done to her. Anastasia and Bret contacted Child Protective S... More...
   $0 (01-09-2018 - TX)

Cornelius Milan Harper v. The State of Texas

Man sentenced to life in prison for 2010 murder of young couple, unborn baby in Missouri City

Leiah Jackson and her boyfriend, Yancey Daniels, lived together in the back
unit of a duplex in Missouri City. The property was owned by Leiah’s mother,
Pamela Jackson, who lived in the front unit.
One early fall morning, around 12:30 a.m., Pamela heard a loud noise at the
front of her unit, opened the front door, and found Leiah, then eight-and-a-half
months pregnant, lyin... More...
   $0 (01-09-2018 - TX)

Reginald Reshawn Mack v. The State of Texas

A Brazoria County grand jury indicted appellant for the offense of assault involving family violence as a repeat offender. The State alleged that appellant assaulted his girlfriend, Ashley, with whom appellant had a dating relationship. The indictment further alleged that appellant was previously convicted of assault against a family member and assault against a member of the household. Appella... More...   $0 (01-06-2018 - TX)

Marquis Amos Green v. The State of Texas

Fourteenth Court of Appeals - Texas Courts

On September 23, 2013, Jason Hay broke into appellant’s home taking property and money. According to Hay, no one else burglarized the appellant’s home. That same day, Rhonda Chisholm went to appellant’s house to sell prescription drugs. Chisholm arrived at the same time Hay was walking out of appellant’s home with a television. As Chisholm exited her car, Hay told her to get back in and stay there... More...   $0 (01-06-2018 - TX)

 
 
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