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Texas Circumstantial Evidence Law
 

Miguel Bandy v. The State of Texas

Man charged after drive-by shooting

Under our legal sufficiency review, the blackjack qualified as a deadly weapon if
the evidence, when viewed in the light most favorable to the verdict, showed that it was
capable of causing death or serious bodily injury based on the manner in which Bandy
used or intended to use it. See id.; see also Brooks v. State, 323 S.W.3d 893, 906 (Tex.
Crim. App. 2010) (plurality op.) (... More...
   $0 (07-22-2017 - TX)

Albert Villarreal v. The State of Texas

Albert Villarreal is accused of beating his girlfriend's young son to death.

X.M. was six years old at the time of his death. X.M.’s biological mother is N.M.
Child Protective Services removed X.M. and his siblings from N.M.’s care for a time before
returning them to her. During that time period, N.M. began a relationship with Villarreal,
who bears no familial relationship to any of N.M.’s children.
In November of 2014, N.M. and Villarreal were indic... More...
   $0 (07-22-2017 - TX)

Elpidio Cantu v. The State of Texas

Customer accused of threatening bar manager with gun

In 2015, Nueces County grand juries indicted Cantu for two separate, yet related,
offenses: (1) aggravated assault with a deadly weapon; and (2) DWI, third or more.
Both indictments further alleged previous convictions to be used to enhance Cantu’s
punishments under section 12.42 of the penal code. See id.
Briefly, the aggravated assault charge stems from an incident at “M... More...
   $0 (07-22-2017 - TX)

Simon Hernandez III v. The State of Texas

Hernandez pleaded guilty to two counts of manufacturing and/or delivery of a
controlled substance on September 20, 2012.1 See id. In exchange for his plea of
guilty, Hernandez was sentenced to ten years deferred adjudication probation on his first
degree felony charge and ten years confinement, probated for ten years on his third
degree felony charge. In addition, Hernandez wa... More...
   $0 (07-22-2017 - TX)

Marquis Willoughby v. The State of Texas

Two arrested in early morning armed robbery, one suspect still at large

Appellant was charged by indictment with aggravated robbery. Pursuant to a plea bargain agreement with the State, Appellant pleaded “guilty” to the offense, and the trial court deferred a finding of guilt and placed him on community supervision for a term of ten years. Subsequently, the State filed an application to proceed to final adjudication. Appellant pleaded “true” to one allegation and “n... More...   $0 (07-22-2017 - TX)

Phillip Wesley Bass v. The State of Texas

Appellant was indicted for burglary of a habitation alleged to have occurred on or about September 15, 2015 in Angelina County, Texas. The indictment accused Appellant of entering William Agnew’s home without his consent and with the intent to commit theft. Appellant entered a plea of “not guilty” and the matter proceeded to a jury trial. The evidence at trial showed that Officer Marcus Perki... More...   $0 (07-22-2017 - TX)

Danny Charles Bussell v. The State of Texas

DANNY CHARLES BUSSELL registered Sex Offender

On October 31, 2013, Lufkin Police Department Corporal Kevin Jackson was dispatched to investigate a reported stabbing. When he arrived at the scene, he found the victim, Shirley Taylor, lying on the floor of her residence in a pool of blood. Taylor had multiple stab wounds. Jackson used articles of clothing to apply pressure to one of the wounds while he attempted to keep Taylor conscious by s... More...   $0 (07-22-2017 - TX)

Richard Wayne Taylor v. The State of Texas

Registered Sex Offender

On October 31, 2013, Lufkin Police Department Corporal Kevin Jackson was dispatched to investigate a reported stabbing. When he arrived at the scene, he found the victim, Shirley Taylor, lying on the floor of her residence in a pool of blood. Taylor had multiple stab wounds. Jackson used articles of clothing to apply pressure to one of the wounds while he attempted to keep Taylor conscious by s... More...   $0 (07-22-2017 - TX)

Tray Don Goswick v. The State of Texas

Joseph Warren, a certified peace officer, testified that he arrested Appellant for driving without a valid driver’s license. While Officer Warren transported Appellant to jail, Appellant told Officer Warren that he had “dope” in his right watch pocket. Officer Warren retrieved a small black bag that contained a white crystal substance. Officer Warren field-tested the white crystal substance, an... More...   $0 (07-22-2017 - TX)

Maurice Earl Oler v. The State of Texas

On October 8, 2014, Appellant pleaded guilty to assault family violence. See TEX. PENAL CODE ANN. § 22.01(b)(2)(A) (West Supp. 2016). Under the terms of the plea agreement, the trial court convicted Appellant and assessed his punishment at confinement for ten years, but suspended the imposition of the confinement portion of the sentence and placed Appellant on community supervision for six years... More...   $0 (07-22-2017 - TX)

Desirae Monique Mata v. The State of Texas

Gaines County convicted double murderer screams, sobs, proclaims innocence when verdict read 

Appellant first asks this court to reverse and remand this cause for a new trial because the trial court failed to charge the jury on the law regarding corroboration of the testimony of a jailhouse informant. In her second issue on appeal, Appellant claims that the trial court violated her constitutional right of confrontation when it allowed a witness to testify as to out-of-court statements mad... More...   $0 (07-22-2017 - TX)

Alandis Montreal Russaw, JR. v. The State of Texas

Jury gives Russaw 65 years for sexual assault of a child

The victim in this case is Russaw’s 11 year-old stepdaughter, “Ariel.” The
discovery of the offense occurred when Ariel was found to be pregnant. DNA tests
revealed that Russaw was the father of Ariel’s child.
Russaw asserts in his first issue that the trial court erred in admitting a photograph
of the man Russaw and Ariel’s mother accused of sexually assaulting Ariel. Speci... More...
   $0 (07-22-2017 - TX)

Raymond Weber v. The State of Texas

Tenth Court of Appeals, Waco, Texas 

Raymond Weber was convicted of theft and sentenced to 180 days in jail. See TEX.
PENAL CODE ANN. § 31.03 (West 2011). That sentence was suspended, and Weber was
placed on community supervision for two years.
Weber’s appellate attorney filed a motion to withdraw and an Anders brief in
support of the motion to withdraw, asserting that this appeal presents no issues of
ar... More...
   $0 (07-22-2017 - TX)

Cathy Jo Almanza v. The State of Texas

IN THE TENTH COURT OF APPEALS

Cathy Jo Almanza appeals from a conviction for the offense of driving while
intoxicated. TEX. PENAL CODE ANN. § 49.04 (West 2011). Almanza complains that her
Sixth Amendment right to a jury trial was violated because one of the jurors was not the
actual juror that was summoned. Because the wrong individual appeared, Almanza
contends that the trial court did not have jurisdic... More...
   $0 (07-21-2017 - TX)

James Nelson Goss v. The State of Texas

In one issue, Goss contends the evidence is insufficient to support his conviction
because Shonda Smith, who Goss asserts was the only person who had personal
knowledge of what had happened, denied that Goss choked her or was physically violent toward her in any way.
The Court of Criminal Appeals has expressed our standard of review of a
sufficiency issue as follows:
In de... More...
   $0 (07-21-2017 - TX)

Juan Mora v. The State of Texas

Mora sentenced to life in prison after aggravated assault conviction

Appellant was indicted for intentionally, knowingly, or recklessly causing bodily
injury to Elizabeth Garcia by stabbing her or striking her with a deadly weapon, a knife
sharpener.2
In April 2014, Garcia was found on the bloody kitchen floor of her small Lubbock
apartment with multiple stab wounds to her body and the eight-inch shaft of a knife
sharpening steel embedded ... More...
   $0 (07-21-2017 - TX)

Ovidiu Tunas v. The State of Texas

Incident 6 years ago leads to sexual assault charge against Hewitt man

By a January 2012 indictment, appellant was charged with four counts of
aggravated sexual assault of a child and six counts of indecency with a child by contact.
The indictment alleged B.B. was the victim of all ten offenses, and alleged they occurred
on or about dates in May 2005. Appellant pleaded not guilty. The State abandoned two
of the counts alleging indecency with a ... More...
   $0 (07-21-2017 - TX)

Jason Paul Harper v. The State of Texas

Court of Appeals Seventh District of Texas at Amarillo

It is clear that defense counsel need not present mitigating evidence in every
case to be deemed reasonably effective. Wiggins v. Smith, 539 U.S. 510, 533, 123 S.
Ct. 2527, 2541, 156 L. Ed. 2d 471 (2003) (stating that “Strickland does not require
counsel to investigate every conceivable line of mitigating evidence no matter how
unlikely the effort would be to assist the defend... More...
   $0 (07-21-2017 - TX)

Juan Casas Medellin v. The State of Texas

Court of Appeals Seventh District of Texas at Amarillo

Appellant returned to his abode late from a party after ingesting alcoholic
beverages. There he encountered Amalia Guasoson, the woman he was living with at
the time. A fight ensued between the two about his desire to drive to Galveston and
over his car keys. When Guasoson refused to relinquish them, he grabbed her by the
arm and pushed her to the floor hard enough for her ... More...
   $0 (07-21-2017 - TX)

Joshua David Latham v. The State of Texas

Joshua Latham finally heads to prison

Appellant’s attorney has filed an Anders brief and a motion to withdraw. Anders
v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967). In support of her
motion to withdraw, counsel certifies that she has diligently reviewed the record and, in
her opinion, the record reflects no reversible error upon which an appeal can be
predicated. Id. at 744-45. In complia... More...
   $0 (07-21-2017 - TX)

United States of America v. Nathaniel Roshaun Bowens

Federal Courthouse - Fort Worth, Texas

Fort Worth, TX - Serial Armed Robber Sentenced to 400 Months in Federal Prison

Nathaniel Roshaun Bowens, 34, of Fort Worth, Texas, was sentenced on July 17, 2017 by U.S. District Judge Reed C. O’Connor to 400 months in federal prison, announced U.S. Attorney John Parker of the Northern District of Texas.

Bowens was convicted of five counts relating to the robbery of T-Mobile stor... More...
   $0 (07-17-2017 - TX)

Jason Lee Schaefer v. The State of Texas

Appellant, Jason Lee Schaefer, appeals his convictions for aggravated assault
against a public servant and deadly conduct by discharging a firearm. Appellant waived
his right to a jury trial and pleaded no contest to the charges without an agreement on
punishment. After the State presented its evidence, the trial court found him guilty of
the offenses. Upon completion of the ... More...
   $0 (07-21-2017 - TX)

Mark Allen Keenum v. The State of Texas

Court of Appeals Seventh District of Texas at Amarillo

Appellant initially contends that “[t]he statute under which Appellant was
convicted [i.e., Texas Penal Code § 22.02(a)(2)] is unconstitutional on its face because
it does not require a culpable mental state.” Because “a defendant may not raise for the
first time on appeal a facial challenge to the constitutionality of a statute,” Karenev v.
State, 281 S.W.3d 428, 434 (Tex. Cr... More...
   $0 (07-21-2017 - TX)

Alisa Rena Nash v. The State of Texas

7th Court of Appeals Courtroom

After shopping at Walmart, appellant, her son, and a friend went through the self
check lane to pay for their items. A Walmart loss prevention officer noticed that the
group was not scanning all of the items in their shopping cart. One of the men would
simply bypass the scanner and place some of the items into the grocery bag. While
appellant did not actually scan any of the ... More...
   $0 (07-21-2017 - TX)

Jeffery Allen Brochu v. The State of Texas

Two arraigned after home invasion robbery

According to the victim, at approximately 4:30 a.m. on April 10, 2012, he awoke
to a knock on his door. He looked out the window and saw a black male he did not
recognize. He stepped outside through a separate door to determine what the
individual wanted. He then realized the individual was with another male, Appellant,
whom he did recognize from prior dealings in his salvag... More...
   $0 (07-21-2017 - TX)

Stevon Kendrell Polk v. The State of Texas

Man awaiting murder trial arrested on weapons charge

Edward Pendleton, a person known in his community as a drug dealer, was shot
and killed during a home invasion committed in the early morning hours of May 1, 2013.
Testimony at trial established that around 6:00 a.m., two men forced their way into the
residence Pendleton occupied with his wife, Danielle Luce. After Luce witnessed one of
the intruders shoot Pendleton in the ba... More...
   $0 (07-21-2017 - TX)

Blake Jay Smith v. The State of Texas

Amarillo man arrested after late-night chase

Appellant's attorney has filed an Anders brief and a motion to withdraw. See
Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967). In support
of his motion to withdraw, counsel certifies that he has diligently reviewed the records,
and in his opinion, the records reflect no reversible error upon which an appeal can be
predicated. Id. at 744-45; In re S... More...
   $0 (07-21-2017 - TX)

Duane Dexter Taylor v. The State of Texas

Sixth Court of Appeals, Texarkana, Texas,

In 2014, Duane Dexter Taylor, pursuant to a negotiated plea agreement, pled guilty to
possession of less than one gram of cocaine in a drug-free zone. Taylor was placed on deferred
adjudication community supervision for a period of ten years, and, in accordance with the terms
of his plea agreement, was ordered to pay $140.00 in restitution, $350.00 in attorney fees, $386.00
in... More...
   $0 (07-21-2017 - TX)

Steven Lee Merrill v. The State of Texas

Central Texas man sentenced for online solicitation of a minor

Indicted for online solicitation of a minor in Coryell County,1 Steven Lee Merrill pled
guilty without the benefit of a plea agreement, was adjudged guilty, and was sentenced to seven
years’ confinement.
Merrill’s court-appointed appellate counsel has filed a brief that outlines the procedural
history of the case, provides a detailed summary of the evidence elicited during the... More...
   $0 (07-21-2017 - TX)

Christian Vernon Sims v. The State of Texas

Lamar County man pleads guilty to killing grandmother, sentenced to 35 years

Early in the afternoon of December 18, 2014, the body of Annie Sims was discovered on
the back porch of her Powderly, Texas, home with a bullet in her head. Missing were Annie’s
live-in grandson, Christian Vernon Sims (Sims), his girlfriend, Ashley Morrison, Annie’s vehicle,
and Annie’s purse, its contents including credit cards and at least one handgun. Officers suspected
th... More...
   $0 (07-21-2017 - TX)

Timothy Leon Lueck v. The State of Texas

Sixth Court of Appeals, Texarkana, Texas

Timothy Leon Lueck’s verbal confrontation with Rodolfo (Rudy) Esquivel escalated into
a physical altercation in which Lueck cut Rudy’s foot with a knife. A Fannin County jury found
Lueck guilty of aggravated assault1 and found that he had used a deadly weapon in the commission
of the offense. After finding the State’s enhancement allegations to be true, the jury assessed
puni... More...
   $0 (07-21-2017 - TX)

Roy Brown v. The State of Texas

A jury convicted Roy Brown of continuous sexual abuse of a child and assessed a sentence
of fifty years’ imprisonment. The same jury also convicted Brown of sexual assault of a child and
assessed a sentence of twenty years’ imprisonment. On appeal, Brown argues that (1) there was a
fatal variance between the indictment and the proof at trial, (2) the trial court erred in denying h... More...
   $0 (07-21-2017 - TX)

Emil Coffey, Jr. v. The State of Texas

Man charged with killing brother-in-law in northeast Travis County

Appellate review of an alleged jury charge error involves a two-step inquiry. Newkirk v.
State, 506 S.W.3d 188, 190 (Tex. App.—Texarkana 2016, no pet.); Russell v. State, No. 03-12
00440-CR, 2014 WL 1572473, at *3 (Tex. App.—Austin Apr. 18, 2014, pet. ref’d) (mem. op., not
designated for publication).5 “Initially, we determine whether error occurred and then evaluate
... More...
   $0 (07-20-2017 - TX)

Donald Michael Roach v. The State of Texas

Roach Arrested for Continuous Sexual Assualt of Seven Year Old

>

In evaluating legal sufficiency, we review all the evidence in the light most favorable to
the trial court’s judgment to determine whether any rational jury could have found the essential
elements of the offense beyond a reasonable doubt. Brooks v. State, 323 S.W.3d 893, 912 (Tex.
Crim. App. 2010) (plurality op.) (citing Jackson v. Virginia, 443 U.S. 307, 319 (1979)); Hartsfield More...
   $0 (07-20-2017 - TX)

Javonte Damone Sanders v. The State of Texas

Marshall police arrest murder suspect

A day or so after trial had commenced, the State discovered that DNA analysis had, in fact,
been completed on certain evidentiary items which, to that point, the State did not believe had been
tested. The tested items included bullet fragments and blood stains, which had been submitted to
the Texas Department of Public Safety (DPS) crime laboratory, but on which no report had been ... More...
   $0 (07-20-2017 - TX)

Isaiah Christopher Roberts v. The State of Texas

Longview capital murder suspect requests private investigator

A Gregg County jury found Isaiah Christopher Roberts guilty of capital murder for the
shooting deaths of Kimberly Rayson and Chanda Martin. Roberts was sentenced to the mandatory
punishment of life imprisonment without parole.1
On appeal, Roberts argues that (1) the jury’s verdict of guilt is not supported by legally
sufficient evidence, (2) the trial court erred in denying ... More...
   $0 (07-20-2017 - TX)

Isiaah Alberty v. The State of Texas

Local Man Sentenced for 8th DWI

Isiaah Alberty pled guilty to the offense of driving while intoxicated (DWI), third or more.
After the trial court found Alberty guilty of the offense, a bench trial on punishment resulted in
findings of true to the State’s enhancement allegations and a sentence of thirty-five years’
imprisonment. The trial court’s judgment contains an assessment of $750.00 in attorney fees for More...
   $0 (07-20-2017 - TX)

Timothy Edward Strong v. The State of Texas

Sixth Court of Appeals, Texarkana, Texas

The evidence in Timothy Edward Strong’s Dallas County1 jury trial for murder2 told a story
that Strong (a) had drinks with friends at a bar, (b) went with others to an apartment where he took
a “very large hit” of marihuana and possibly other drugs from a bong or water pipe, (c) showed
signs thereafter of being paranoid and “in his own world,” (d) jumped into a stranger’s vehicle in... More...
   $0 (07-20-2017 - TX)

Clyde Douglas Cummings v. The State of Texas

Sixth Court of Appeals, Texarkana, Texas

When Sgt. Richard Eakin of the Grandview Police Department noticed a sports-utility
vehicle (SUV) and a motorcycle behind a closed Mobil station in the early morning hours of
April 20, 2014, he stopped to investigate. As he pulled up, Eakin saw Brent Townsend standing
beside the passenger side of the SUV, Clyde Douglas Cummings in the front passenger seat, and
Cummings’ wife, ... More...
   $0 (07-20-2017 - TX)

Destin T. Davis v. The State of Texas

Sixth Court of Appeals, Texarkana, Texas

On appeal, Davis argues that the trial court erred both in the manner in which it submitted
to the jury the question of whether the third count of delivery of a controlled substance occurred
in a drug-free zone and in excluding testimony from a police officer that Davis would be a good
candidate for community supervision during the punishment phase of his trial. We conclude that More...
   $0 (07-20-2017 - TX)

 
 
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