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Texas Circumstantial Evidence Law
 

Charles Richard Joseph v. The State of Texas

Two police officers arrested appellant Charles Richard Joseph for operating a motor vehicle without possessing his license. See Tex. Transp. Code § 521.025. They searched his car and found a baggie of cocaine. Appellant asked why he was being arrested, and an officer showed him the cocaine. In response, appellant said the cocaine was his and he bought it thirty minutes beforehand. A jury found app... More...   $0 (01-19-2017 - TX)

Lon Radcliff v. The State of Texas

Sharon Vanderpool testified that on September 24, 2015, she saw two men
walking near Alameda and Atlantic Street in Corpus Christi and that one of them was
pulling along a recycling dumpster. She thought it looked suspicious so she called the
police. Officer Jesse Menchaca testified that he was dispatched to respond to the
suspicious person report. When he arrived, he testif... More...
   $0 (01-19-2017 - TX)

Jerry Hartfield v. The State of Texas

Nearly four decades ago, a Wharton County jury convicted appellant Jerry Hartfield
of the capital murder of Eunice Lowe and assessed his punishment at death. On
automatic review, the Texas Court of Criminal Appeals found error related to the exclusion
of a potential juror, vacated Hartfield’s conviction, and ordered a new trial in its entirety.
In its motion for rehearing to ... More...
   $0 (01-19-2017 - TX)

Kentavian Juanya Holman v. The State of Texas

On August 31, 2014, the victim, an eighty-five year old female who lived alone, awaited the arrival of her daughter and son for lunch. Prior to their arrival, an intruder entered the home through the unlocked front door, exhibited a large knife, and demanded money. He searched the home and obtained a small amount of money, including several coins. Appellant fled the victim’s home. Moments late... More...   $0 (01-19-2017 - TX)

Andre-Marco Nmn McIntosh v. The State of Texas

In two indictments and two judgments, Andre-Marco McIntosh was charged and
convicted of Continuous Sexual Abuse of a Child. See TEX. PENAL CODE ANN. § 21.02
(West 2011). He pled guilty, without the benefit of a plea bargain, to both charges and
punishment evidence was presented in one hearing before the trial court. McIntosh was
sentenced to life in prison for each offense a... More...
   $0 (01-19-2017 - TX)

David James Brown v. The State of Texas

Pursuant to a plea bargain agreement in two separate cases involving the same
victim, appellant David James Brown pleaded guilty to the misdemeanor offense of
indecent exposure. In each case, the trial court found the evidence sufficient to find Brown
guilty, but deferred further proceedings, placed Brown on community supervision for two
years, and assessed a fine of $1000. The... More...
   $0 (01-18-2017 - TX)

Dane Alexander Dennison v. The State of Texas

Dane Alexander Dennison (Dennison or Appellant) was charged by
information with driving while intoxicated, level 0.15 or more, a class A
misdemeanor. See Tex. Penal Code Ann. § 49.04(d) (West Supp. 2016).1 A jury
found Dennison guilty. The trial court assessed punishment of 180 days of
confinement in the county jail and a fine of $1,500, and placed Dennison on
probation fo... More...
   $0 (01-18-2017 - TX)

Tremayne Alexander Johnson v. The State of Texas

After the trial court denied his motion to suppress evidence, appellant
Tremayne Alexander Johnson (Johnson or Appellant) pleaded guilty to one count
of possession of a controlled substance (namely cocaine) in the amount of four
grams or more but less than 200 grams with intent to manufacture/deliver, one
count of manufacture or possession of a controlled substance (namely
... More...
   $0 (01-18-2017 - TX)

Bobby Gene Martin v. The State of Texas

We review the sufficiency of the evidence to support a conviction under the
standard set forth in Jackson v. Virginia. 443 U.S. 307, 319 (1979); see Brooks v.
State, 323 S.W.3d 893, 895 (Tex. Crim. App. 2010). The Jackson standard is the
only standard that we apply in an evidentiary-sufficiency review. Adames v. State,
353 S.W.3d 854, 859 (Tex. Crim. App. 2011). Under that stan... More...
   $0 (01-18-2017 - TX)

Gilberto Rangel v. The State of Texas

The testimony from Rangel’s trial indicates that the complaining witness,
“Olivia,”1 is Rangel’s sister-in-law. The evidence from Rangel’s trial shows that for
many years before the sexual encounters at issue, Rangel and Olivia engaged in
infrequent but consensual sexual encounters. Additionally, for several years before
the encounters at issue, Rangel, Olivia, and several othe... More...
   $0 (01-18-2017 - TX)

Robert Lynn Johnson v. The State of Texas

Johnson filed a motion to suppress evidence seized in connection with his
detention and arrest. In his motion, Johnson globally argued that “[a]ny tangible
evidence seized in connection with this case was seized without warrant, probable
cause or other lawful authority in violation of . . . the Fourth, Fifth, Sixth, and
Fourteenth Amendments to the United States Constitution, A... More...
   $0 (01-18-2017 - TX)

Jay Jon Bohac v. The State of Texas

At the bench trial, Kristal testified to the following facts. She and Bohac got into an
argument at their home on June 15, 2012. Bohac took her car keys to prevent her from driving away.
Kristal took Bohac’s set of keys, which included a key to her car, and put them in her purse. Bohac
then pulled her purse away, injuring her arm. Kristal walked out of the home and down the street,... More...
   $0 (01-18-2017 - TX)

Tomeka Cherrie Battles v. The State of Texas

Appellant and her fiancé Ron Gordon were entertaining several of appellant’s cousins and one of Gordon’s friends at their apartment on the evening of June 15, 2013. At some point late in the evening, Gordon told appellant that it was time for the guests to leave. An argument ensued between appellant and Gordon, but the situation was defused and the guests left. Appellant and Gordon resumed their... More...   $0 (01-15-2017 - TX)

Dakota Ryan Palmer v. The State of Texas

On October 2, 2014, pursuant to a plea agreement, appellant pleaded guilty to
assault family violence, and the trial court sentenced him to 250 days’ confinement and a
$4,000 fine. See TEX. PENAL CODE ANN. § 22.01(b)(2) (West, Westlaw through 2015 R.S.).
The trial court suspended the sentence and placed appellant on community supervision
for fifteen months. On July 7, 2015, ... More...
   $0 (01-15-2017 - TX)

Trevor Ashley Wolfe v. The State of Texas

In the summer of 2013, Appellant was in a dating relationship with Kim Mitchell. Appellant and Mitchell lived together in Midland. However, Mitchell decided that she no longer wanted a relationship with Appellant and began moving her belongings out of Appellant’s home. On the evening of July 27, Mitchell arrived at Appellant’s home with three friends: Marty Brown Rex, Doc Rex, and Tim Frazier. ... More...   $0 (01-15-2017 - TX)

Richard Garcia v. The State of Texas

In his first issue, Garcia contends that the evidence is legally insufficient to
establish that the protective order was issued at a proceeding that he attended. We
disagree.
A. Applicable Law
In reviewing the sufficiency of the evidence to support a conviction, we view all
of the evidence in the light most favorable to the prosecution to determine whether any
ration... More...
   $0 (01-15-2017 - TX)

Bobby Raymond Anderson v. The State of Texas

Sex Offender

On November 15, 2012, an indictment issued in Cause Number 10,930 alleging
Appellant had engaged in the continuous sexual abuse of M.A.,5 a child younger than
seventeen years of age.6 That same day, a second indictment issued in Cause Number
10,931 alleging Appellant had committed ten separate acts of indecency with a child.
The ten-count indictment alleged Appellant intentio... More...
   $0 (01-15-2017 - TX)

Nitin Gupta v. The State of Texas

After the trial court denied appellant Nitin Gupta’s motion to suppress based on a
warrantless search, he pleaded guilty to driving while intoxicated. The trial court set punishment
at five days’ confinement in county jail. On appeal, Gupta argues the trial court erred by
denying his motion to suppress because neither the community caretaking function exception nor
reasonable... More...
   $0 (01-14-2017 - TX)

Domonique Laray Pickens v. The State of Texas

On February 7, 2015, Pickens was arrested for manslaughter. While on bond on the
manslaughter charge, Pickens was arrested for UCW on June 15, 2015. Pickens entered open
–2–
pleas of guilty to both charges on December 21, 2015. In each plea agreement, a box is checked
beside the statement:
I understand that I do not have a right to appeal to the Court of Appeals if the... More...
   $0 (01-14-2017 - TX)

Selvin Santos-Hernandez v. The State of Texas

While driving down a road in Grand Prairie on February 17, 2013, appellant and his wife
Destinee began arguing. Appellant was driving. The couple’s six-month-old baby was in a
1 The Hon. Martin Richter, Justice, Court of Appeals, Fifth District of Texas at Dallas, Retired, sitting by assignment.
–2–
carseat in the back seat of... More...
   $0 (01-14-2017 - TX)

Amanda Marie Dill v. The State of Texas

Dallas Police Senior Corporal Joshua Boykin stopped appellant for making a prohibited
left turn at 2:00 a.m. on September 20, 2012. After determining her vehicle’s registration had
expired, he initiated contact with appellant and observed she had bloodshot eyes and slurred
speech. Boykin smelled an odor of alcohol coming from inside appellant’s vehicle. Boykin
administered f... More...
   $0 (01-14-2017 - TX)

David Mendez v. The State of Texas

In his first issue, appellant contends the trial court committed fundamental error when it
“tried to define what ‘reasonable doubt’ was not.”
During voir dire, the trial court instructed the panel on the State’s burden of proof as
follows:
Well, in all criminal cases, okay, the burden of proof is the highest standard of
proof that exists in our legal system. It is known... More...
   $0 (01-14-2017 - TX)

Eden Consuelo Amaya v. The State of Texas

In 2013, Appellant, Eden Consuelo Amaya, received seven years’ deferred adjudication
community supervision for two charges of aggravated robbery with a deadly weapon and one
charge of injury to a child. Two years later, the State filed a motion to revoke in each case
alleging that appellant had violated terms and conditions of his community supervision.
Appellant pleaded true t... More...
   $0 (01-14-2017 - TX)

Luis Rocha v. The State of Texas

A jury convicted appellant Luis Rocha of assault of a family or household member, and
the trial court assessed punishment at forty years’ imprisonment.1 In a single issue, Rocha argues
the trial court abused its discretion by allowing in evidence of three extraneous bad acts, and the
admission of such evidence resulted in harm. We affirm the trial court’s judgment.
Rocha and... More...
   $0 (01-14-2017 - TX)

Harlan Wayne Routon v. The State of Texas

Because appellant does not challenge the sufficiency of the evidence to support the acts
of sexual abuse he committed against S.R., we provide only a limited recitation of the underlying
facts. TEX. R. APP. P. 47.1. S.R. and appellant, her grandfather, had a close relationship. She
and her sister regularly spent time at their grandparents’ home in Wylie. When S.R.’s parents
... More...
   $0 (01-14-2017 - TX)

Wayne Lee Horton v. The State of Texas

Horton was charged with assault against his wife, a member of his family as designated by
Family Code section 71.003. See TEX. PENAL CODE ANN. § 22.01(a), (b)(2)(A) (West Supp. 2016);
see also TEX. FAM. CODE ANN. § 71.003 (West 2014). The indictment alleged that, on or about
November 11, 2014, Horton “did . . . intentionally and knowingly cause bodily injury to Stephanie
Anne... More...
   $0 (01-14-2017 - TX)

Benjamin James Fox v. The State of Texas

Fox is A.F.’s father. At the time of the offense, Fox was married to A.F.’s mother. One
evening, she discovered Fox and A.F. standing nude in the bathroom together. According to A.F.’s
mother, Fox was standing in front of A.F. with his boxers slightly lowered, and he leaned over to
kiss A.F. A.F.’s mother asked them what was going on, and Fox explained he was going to use
t... More...
   $0 (01-14-2017 - TX)

Kayla Jean Lardieri v. The State of Texas

On a freezing night in December 2013, appellant, who was seventeen years old, along
with two other women, attacked the victim in the back bedroom of a trailer in Comal County. The
women had asked the victim to come to the back bedroom and then confronted her with accusations
that she was an “informant,” had recorded drug transactions, “cloned” phones, and had slept with
one of the... More...
   $0 (01-14-2017 - TX)

Joseph Weber v. The State of Texas

After dating Susan Smith for several months, Weber moved in with Smith and her 3
infant son N.M. Approximately one year later, Smith gave birth to her and Weber’s son E.W. When
N.M. was approximately four years old, N.M. told Smith that Weber had touched himself in front
of N.M. and “had played games with [N.M.] and” E.W., and Smith also noticed N.M. “behaving in
an abnormal way,... More...
   $0 (01-14-2017 - TX)

The State of Texas v. Stephen Mercantel

Stephen Mercantel was charged by information and complaint with driving while
intoxicated. See Tex. Penal Code § 49.04. In a pre-trial hearing, Mercantel moved to have the
underlying Intoxilyzer breath test results suppressed on the basis that the test was involuntary due
to coercion by the arresting officer. The trial court granted the motion and suppressed the breath test
resul... More...
   $0 (01-14-2017 - TX)

Huey Collins v. The State of Texas

This case arises from an outcry of sexual abuse by then-four-year-old
Avery2 against Appellant, her grandmother Mimi’s boyfriend. Avery had a close
relationship with Mimi and spent every weekend and school holidays at Mimi’s
house, where she had her own bedroom.
Avery’s mother, Macy, testified that Appellant picked up Avery from
daycare on Friday, September 26, 2014. ... More...
   $0 (01-13-2017 - TX)

Donald Moody v. The State of Texas

Appellant was charged on March 26, 2014, with failing to comply with sex
offender registration requirements.2 Specifically, the indictment alleged that
Appellant failed to report to the Fort Worth Police Department (FWPD) within 30
days before or after his birthday. See id. art. 62.058(a) (West Supp. 2016).
On June 6, 2014, Appellant’s counsel filed a request for discovery ... More...
   $0 (01-13-2017 - TX)

Teresa Lathem v. The State of Texas

Appellant was charged on March 26, 2014, with failing to comply with sex
offender registration requirements.2 Specifically, the indictment alleged that
Appellant failed to report to the Fort Worth Police Department (FWPD) within 30
days before or after his birthday. See id. art. 62.058(a) (West Supp. 2016).
On June 6, 2014, Appellant’s counsel filed a request for discovery ... More...
   $0 (01-13-2017 - TX)

Michael Ray Senn v. The State of Texas

In his first issue, Senn argues that the evidence is insufficient to trigger the
statutory enhancement under section 22.011(f). Specifically, Senn argues that
there is no evidence that he was engaged in a bigamous relationship with
Brenda.
A. Standard of Review
In our due-process review of the sufficiency of the evidence, we view all of
the evidence in the light mo... More...
   $0 (01-13-2017 - TX)

Cordrecus Dunque Burton v. The State of Texas

On February 18, 2015, Brittany Darby, an Arlington resident, drove to a car
wash in Arlington to clean out her car. According to Darby, she went there alone.
When she arrived, she put her purse in the trunk of the car and then walked
around to the back passenger seat and began picking up items from the floor of
her car. According to Darby, she suddenly felt someone slap her ... More...
   $0 (01-11-2017 - TX)

James Richard Hoover v. The State of Texas

On June 12, 2014, at “around 11:57 a.m. to 12:04,” Rhome Police Officer
Chance Garrett heard a broadcast that “a suspicious person” had urinated in a
residential front yard and then had driven off in a truck toward the service road of
a highway. Shortly thereafter, at approximately 12:04 p.m., Garrett saw a black
truck pull up to a stop sign near that service road and turn lef... More...
   $0 (01-11-2017 - TX)

William Porter v. The State of Texas

On a Saturday evening in August 1986, Porter and his girlfriend, Anita Fries,1
began using drugs at Porter’s home. Porter was a drug dealer for the neighborhood.
He was upset that several people, including the decedent, Gerald Oncale, owed
money to him. When Porter learned that Oncale was nearby, Porter left the house
and met Oncale around the corner. At that meeting, Oncal... More...
   $0 (01-11-2017 - TX)

Jarvis Dancy v. The State of Texas

Two witnesses testified at trial. Peace Officer C. Curry of the Houston Police
Department testified for the State. Dancy then testified in his own defense.
According to Curry, he and his partner J. Anders were patrolling the city in a
police cruiser one night, with Curry behind the wheel and Anders in the passenger
seat. When they saw a pickup truck cross four lanes of traff... More...
   $0 (01-11-2017 - TX)

Manuel Robles v. The State of Texas

In his first issue, appellant contends the State’s closing argument “was extreme,
manifestly improper,” and that its “prejudicial effect could not be cured by an instruction to
disregard.” The record shows that, during closing argument in this case, the State argued as
follows:
This defendant has no problem breaking into cars, carrying handguns, evading arrest, theft, burglary... More...
   $0 (01-07-2017 - TX)

Harvey Cathcart IV v. The State of Texas

Sex Offender

Appellant was indicted for continuous sexual abuse of a young child. Complainant,
appellant’s biological daughter, was born in 1999 to appellant and her mother, YT. YT had a
second daughter, TT, in 2001 with a different father. Appellant left in 2002 and returned in 2010
and began to live with YT and the two girls.
At trial, complainant testified that appellant began to sexu... More...
   $0 (01-07-2017 - TX)

 
 
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