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Texas Circumstantial Evidence Law


On May 3, 2013, Defendant was charged by grand jury indictment, in
Counts 1 through 5, with second degree kidnapping in violation of La. R.S.
14:44.1; and in Counts 6 through 8, with second degree murder in violation of La.
R.S. 14:30.1. Defendant was tried by a twelve-person jury on June 9 through 13,
2014, and found guilty of five counts of simple kidnapping; not guilty of n... More...
   $0 (02-22-2017 - TX)

Melvin Straight v. The State of Texas

Officer Grossbard was patrolling for suspicious activity in a high crime area in Houston, Texas, where he saw appellant walking in the street. Appellant walked up to the outside of a gate in front of an apartment complex, and another man walked up to the inside of the gate. They looked around and “did some type of hand-to-hand exchange” through the bars of the fence. Seeing this exchange, Grossbar... More...   $0 (02-22-2017 - TX)

Elida Vega Terrazas v. The State of Texas

Appellant entered a guilty plea in February 2012 for the third-degree felony offense of retaliation.
The trial court deferred a finding of guilt and placed her on deferred adjudication community supervision for a term of six years. In January 2016, the State filed a motion to adjudicate guilt and revoke community supervision based upon a single allegation: that Appellant violated the terms a... More...
   $0 (02-21-2017 - TX)

Jason Eugene Deleon v. The State of Texas

On September 6, 2013, Officer Brady Wayne Broyles stopped Appellant’s vehicle because Appellant failed to signal his turn. As Officer Broyles approached the vehicle, he smelled “the odor of fresh marijuana” emanating from the vehicle. After Officer Broyles spoke to Appellant and Appellant’s two passengers, Officer Broyles called for backup. Officer Broyles asked Appellant and his passengers abou... More...   $0 (02-21-2017 - TX)

Rojelio Rocky Santana, Jr. v. The State of Texas

Asset protection employees at a Walmart in Abilene observed Appellant and a female remove two TomTom GPS systems from a locked peg hook. Appellant attempted to make a return with one of the GPS systems, but after being denied, he exited Walmart with the merchandise. Scott Blair, an asset protection employee at Walmart, followed Appellant outside and confronted him. Blair testified that, after h... More...   $0 (02-21-2017 - TX)

Jaime Joshua Salazar v. The State of Texas

Sex Offender

Jaime Joshua Salazar appeals his jury convictions for aggravated sexual assault of a child younger than fourteen years of age and indecency with a child by contact. See TEX. PENAL CODE ANN. § 21.11(a)(1) (West 2011), § 22.021(a)(1)(B)(i) (West Supp. 2016). The jury assessed Appellant’s punishment at confinement for a term of fifteen years in the Institutional Division of the Texas Department of C... More...   $0 (02-21-2017 - TX)

Robert Allen Workman, Jr. v. The State of Texas

In his first issue, Workman complains that the trial court erred by including the
lesser-included offense of violation of a protective order by assault in the jury charge
because it is not a lesser-included offense of the offense for which he was indicted.
Workman was indicted for the offense of violation of a protective order two or more times
within a twelve month period. ... More...
   $0 (02-21-2017 - TX)

Aldo Ivan Blanco v. The State of Texas

On May 17, 2014, El Paso Police Department Officer James Morales and Officer
Lorenzo Ontiveros responded to an assault-family violence call on Sun Fire Street in El Paso,
Texas. They spoke with the victim, Nydia Garcia, regarding the events that took place. Garcia
appeared emotional, excited, and upset while talking to the officers. She related that her former
boyfriend, App... More...
   $0 (02-21-2017 - TX)

John Leslie Morris v. The State of Texas

Through one issue, John Leslie Morris (appellant) questions the legal sufficiency
of the evidence underlying his conviction for stalking. Though engaging in a rather
extended discourse on constitutional law, he ultimately concludes that “[t]his Court must
find that a reasonable person would not find any type of actual threat from the letters.

Therefore, there is insuffici... More...
   $0 (02-21-2017 - TX)

Datron Smith v. The State of Texas

Datron Smith pled guilty to engaging in organized criminal activity by committing credit
card fraud.1 Following a bench trial on punishment, Smith was sentenced to seven years’
Smith’s appellate counsel filed a brief that outlined the procedural history of the case,
provided a detailed summary of the evidence elicited during the course of the trial court
... More...
   $0 (02-21-2017 - TX)

Luis Estrada v. The State of Texas

Sex Offender

In March 2015, Mother and her four young sons moved to McKinney, Texas to live with
appellant, who is her father and her children’s grandfather. On the night of June 15, Mother left
her sons in appellant’s care while she went to the emergency room for treatment of her back.
The next day, her four-year-old son, D.F.V., told her appellant made him “grab his dingaling”
and put h... More...
   $0 (02-21-2017 - TX)

Enrique Davila v. The State of Texas

Appellant signed two judicial confessions stipulating that on June 16, 2015, he
intentionally and knowingly, “while in the course of committing theft of property and with intent
to obtain or maintain control of said property,” placed two individuals “in fear of imminent
bodily injury or death” and used and exhibited a firearm, a deadly weapon.
Appellant pleaded guilty to both... More...
   $0 (02-21-2017 - TX)

Aaron Bernard Carter v. The State of Texas

Appellant was indicted for the sexual assault of T.B., a child younger than seventeen
years of age. Appellant pleaded not guilty, and the case proceeded to a jury trial.
At the time of trial, T.B. was seventeen years old. She testified that her parents were
deceased and that she was raised by her grandmother. Appellant was related to the father of one
of T.B.’s cousins; T.... More...
   $0 (02-21-2017 - TX)

Ndubuisi Nkalari v. The State of Texas

In August 2013, appellant was charged with misdemeanor assault causing bodily injury
to a family member, his wife Christy. The information alleged appellant intentionally,
knowingly, or recklessly caused bodily injury to Christy by using Christy’s arms to apply
pressure to her throat or neck. Appellant was charged separately with the unlawful restraint of
his wife. Both offe... More...
   $0 (02-21-2017 - TX)

Joe Gutierrez, Jr. v. The State of Texas

Sex Offender

Appellant Joe Gutierrez Jr. was charged by indictment with three separate counts of
aggravated sexual assault of a child younger that fourteen years of age, “a felony of the first
degree.” See TEX. PENAL CODE ANN. § 22.021(a), (e) (West Supp. 2015). After Appellant’s court
appointed counsel reviewed the waivers and admonishments with Appellant, the trial court also
admonished ... More...
   $0 (02-20-2017 - TX)

Oscar Alan Rios Conteras v. The State of Texas

Only two witnesses testified at trial, both San Antonio Independent School District Police
Officers. Officer Rene Cano testified he was monitoring student activity on security cameras at
Sam Houston High School at approximately 2:45 p.m. on a school day when he observed two
students who were not in class standing in an area known for heavy narcotics use. Officer Cano
notified... More...
   $0 (02-20-2017 - TX)

Nicole Diana Johnson v. The State of Texas

Following a traffic stop, Johnsen was arrested and charged with driving while intoxicated.
Johnsen moved to suppress the evidence against her, arguing the traffic stop was unlawful because
the arresting officer did not have reasonable suspicion to conduct a traffic stop.

At the suppression hearing, the arresting officer, Marcus Williams of the University of
Texas System P... More...
   $0 (02-20-2017 - TX)

Ruben Zavala v. The State of Texas

Shortly after midnight on March 13, 2015, on-duty San Antonio Police Officer Robert
Gaitan was driving on Military Drive in San Antonio, when he saw a car abruptly change lanes
and cut off another car. Gaitan initiated a traffic stop of the car that had performed the unsafe
maneuver. After the car stopped, Gaitan approached the driver of the car, who was Zavala, and
asked him h... More...
   $0 (02-20-2017 - TX)

Larry Wayne Davis v. The State of Texas

Appellant shot the complainant at least five times while the complainant was standing in
the street outside appellant’s house with his hands in the air. San Antonio Police Officer Nancy
Olguin testified she responded to a “shots fired” dispatch that directed her to a house located at
921 Rivas Street. Officer Olguin said she was familiar with the area, and characterized it as a More...
   $0 (02-20-2017 - TX)

David Torres v. The State of Texas

Only two witnesses testified at trial. The arresting officer, Deputy Eric Roseland, who had
worked in law enforcement for six years, testified he passed Torres’s vehicle while traveling in the
opposite direction and observed cracks in the windshield. The cracks obstructed the driver’s view
which constituted a traffic violation. After Torres’s vehicle passed Deputy Roseland’s vehi... More...
   $0 (02-20-2017 - TX)

Javier Caesar Gutierrez v. State of Texas

Around 2:38 a.m., Officer Vanessa Jimenez was dispatched to a one-car accident on the
exit ramp to a highway. The car crashed head on into the wall of the exit ramp, and both air bags
deployed. Gutierrez was driving the car.
At trial, Officer Jimenez testified she first encountered Gutierrez while he was being treated
in an EMS van. Officer Jimenez described Gutierrez’s eyes... More...
   $0 (02-20-2017 - TX)

John David Garcia v. The State of Texas

John David Garcia was charged by indictment with two counts of aggravated assault with
a deadly weapon. In May 2012, the State agreed to proceed on only one count and to recommend
that adjudication be deferred in exchange for Garcia’s agreement to plead nolo contendere to one
count of aggravated assault with a deadly weapon. Pursuant to the plea agreement, the trial court
def... More...
   $0 (02-20-2017 - TX)

State of Texas v. Miguel Hugo Barraza

The trial evidence showed that on the evening of December 6, 2013, Barraza attempted to
enter the Lucky Monkey nightclub. The club employed a commissioned and uniformed security
guard, Raymond Reyes,1 who was tasked with conducting pat-downs to look for drugs and
weapons on patrons before they were permitted to enter the club. When Barraza approached,
Reyes asked him to turn ... More...
   $0 (02-20-2017 - TX)

Deron Frederick v. The State of Texas

Appellate courts review a decision to adjudicate guilt in the same way that courts
review a community-supervision revocation in which the adjudication of guilt was not deferred.
Tex. Code Crim. Proc. art. 42.12, § 5(b); Leonard v. State, 385 S.W.3d 570, 573 n.1 (Tex. Crim.
App. 2012) (explaining that adjudication hearings “are a subset of revocation hearings”). A trial
court’s dec... More...
   $0 (02-20-2017 - TX)

Everton Roxroy Bailey, Jr. v. The State of Texas

Bailey was charged with aggravated assault involving family violence causing serious
bodily injury by use of a deadly weapon, to which he entered a plea of not guilty. See Tex. Penal
Code § 22.02(b)(1). At trial, the jury heard evidence that Bailey had intentionally poured boiling
water on Amanda Mitchell, his wife, causing life-threatening burns to her scalp, face, and upper
bod... More...
   $0 (02-20-2017 - TX)

Terry Lynn Douglas v. The State of Texas

During the guilt phase, the jury heard the testimony of D.K., the complainant in
these cases; law enforcement personnel; Appellant; and another complainant who
had accused him of similar offenses.
D.K. testified that on August 5, 2014, she left home in her daughter’s
boyfriend’s car and stopped at a Texaco in Fort Worth to buy a beer. As she was
driving away, she saw Appe... More...
   $0 (02-19-2017 - TX)

Jamual Edward Parks v. The State of Texas

Parks entered open pleas of guilty on September 21, 2015, to the offenses
of aggravated assault with a deadly weapon and aggravated assault of a public
servant. Later, on November 2, 2015, the trial court conducted a punishment
Juan Angel testified at the punishment hearing that he met Parks, a mixed
martial artist, while filming a documentary on one of Parks’s t... More...
   $0 (02-19-2017 - TX)

Ricky Paul Jacquet v. The State of Texas

Antonio Briones was on his way to work on the morning of Saturday,
October 26, 2013, when he stopped at a nearby gas station to purchase coffee,
cigarettes, and fuel for his car. Because he had been paid the day before,
Briones was carrying approximately $500 cash in his wallet. As Briones was
pumping gasoline into his car, Jacquet approached him from behind and placed
a... More...
   $0 (02-19-2017 - TX)

John Jacob Toumey v. The State of Texas

Harris County Sheriff’s Office Deputy T. Kirkley testified that during the
evening of July 27, 2014, he was off-duty and visiting with a group of friends at
the Texas Saloon, a nightclub in Pasadena. Toward the end of the night, Kirkley
learned that one of his friends and appellant were arguing outside in the parking
lot. Kirkley went outside and attempted to diffuse the argu... More...
   $0 (02-19-2017 - TX)

Clarence Ray Johnson v. The State of Texas

Harris County Precinct 8 Constable’s Office (“HCCO”) Deputy J. Wingfield
testified that while on patrol on the night of December 31, 2014, he saw appellant
driving a truck at the intersection of Durant Avenue and Spencer Highway in
Pasadena. After appellant failed to signal his turn onto Spencer Highway,
Wingfield began following behind him. Wingfield then saw appellant fail ... More...
   $0 (02-19-2017 - TX)

Ellena Arredondo v. The State of Texas

Appellant was driving on the Southwest Freeway in Houston in the middle of the night on February 28, 2015. She hit a guardrail, moved back into her lane, changed lanes twice without signaling, and almost hit the guardrail again. Officer M. Francois of the Houston Police Department pulled her over. She showed signs of intoxication, including slurred speech, red glassy eyes, a strong odor of alcohol... More...   $0 (02-15-2017 - TX)

Zachary Ryan Morrow v. The State of Texas

On November 15, 2014, appellant and a friend, Jonathan Waite, went to Paul Hopkins Park in Dickinson, Texas, to fish. They brought along fishing lures and fishing wires, as well as two knives. At the park, appellant and Waite encountered 56-year-old Louella Rice, who was feeding stray cats. Appellant, then 17 years old, did not know Rice. According to Rice, she first saw appellant and Waite by the... More...   $0 (02-15-2017 - TX)

Tuad Damonn Washington v. The State of Texas

A jury convicted appellant Tuad Damonn Washington as an habitual offender
of aggravated assault of a public servant with a deadly weapon, and the trial court
assessed punishment at life imprisonment. In eight appellate issues, Washington
challenges the sufficiency of the evidence that he intentionally or knowingly
threatened the victim, the sufficiency of the evidence supportin... More...
   $0 (02-15-2017 - TX)

Michael Wayne Starnes v. The State of Texas

On February 27, 2015, Michael Wayne Starnes was indicted for theft of
property, a Class C misdemeanor which was enhanced to a state jail felony due to
previous theft convictions. See Tex. Penal Code § 31.03(e)(4)(D) (West Supp.
2016).1 Trial began in this case on October 5, 2015. The jury found the evidence
sufficient to find Starnes guilty of the state jail felony offense of t... More...
   $0 (02-15-2017 - TX)

Ricardo Gonzalez v. The State of Texas

Ricardo Gonzalez1 appeals the trial court’s ruling denying his motion to
suppress. The motion addressed evidence that police seized in a warrantless search
of Gonzalez’s home. In 2014 when the search occurred, Gonzalez was on deferred
adjudication for two previous crimes in cause number 19582, based on an indictment
for possessing cocaine, and in cause number 19584, based on an... More...
   $0 (02-15-2017 - TX)

Brandon Dinh Tran v. The State of Texas

Loan Tran, the widow of Hieu Huynh, testified that she was with her
husband, the owner of Nikki’s Lounge, when he died on September 1, 2012. She
recalled that at approximately 2:00 a.m., she and Huynh were closing up Nikki’s
Lounge when they were stopped by an individual outside the building who
demanded money from them. Loan testified she was unable to see the man’s face,
... More...
   $0 (02-15-2017 - TX)

Dexter Keith Royston v. The State of Texas

After withdrawing his plea of not guilty, Appellant, Dexter Keith Royston,
pleaded guilty to the offense of Aggravated Assault-Habitual with a deadly
weapon,1 and true to the enhancement paragraphs that Appellant had been
convicted of burglary in 1989 and assault of a family member in 2013. While
having previously elected to be sentenced by a jury, Appellant asked the tria... More...
   $0 (02-14-2017 - TX)

William Fisher v. Lufkin Industries, Inc.

William Fisher brought this action against his former employer, Lufkin Industries, Inc., alleging, inter alia, that Lufkin violated Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et. seq., by discharging him in retaliation for his complaint that his direct supervisor racially harassed him.1 Following a two-day evidentiary hearing, the presiding magistrate judge, acting as a special ... More...   $0 (02-12-2017 - TX)

Rondrae Tramaine Roberts v. The State of Texas

Rondrae Tramaine Roberts appeals the trial court’s judgment adjudicating him guilty and
sentencing him to ten years in prison. In two issues, appellant challenges the admission of a
probation officer’s testimony and the sufficiency of the evidence to show he violated conditions
of his community supervision. For reasons discussed below, we conclude both issues are
without meri... More...
   $0 (02-07-2017 - TX)

John David Garcia v. The State of Texas

Around 2:38 a.m., Officer Vanessa Jimenez was dispatched to a one-car accident on the
exit ramp to a highway. The car crashed head on into the wall of the exit ramp, and both air bags
deployed. Gutierrez was driving the car.
At trial, Officer Jimenez testified she first encountered Gutierrez while he was being treated
in an EMS van. Officer Jimenez described Gutierrez’s eyes... More...
   $0 (02-07-2017 - TX)

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