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Texas Circumstantial Evidence Law

Christopher Hunt v. The State of Texas

Appellant Christopher Hunt and his co-defendant, David Hunt, were indicted and charged
with two counts of burglary of a habitation with intent to commit assault and burglary by committing or attempting to commit assault.1 A jury found Christopher guilty and assessed
punishment at ten years’ confinement in the Institutional Division of the Texas Department of
Criminal Justice, suspe... More...
   $0 (09-25-2016 - TX)

Rebecca Fayelayne Nelson v. The State of Texas

The motion to suppress was heard on March 26, 2015. The sole witness was
Fredericksburg Police Department Sergeant Derek Seelig. Sergeant Seelig testified that on July
14, 2013, at approximately 8:01 pm, he responded to “a call in reference to an intoxicated female
subject in a red Ford pickup truck at a convenience store gas station.” When Sergeant Seelig
arrived, Nelson wa... More...
   $0 (09-25-2016 - TX)

Jonathan Jose Guillen v. The State of Texas

In his first two issues, Guillen complains of an improper comment made by the prosecutor.
During the punishment phase of trial, Guillen presented evidence regarding his abusive childhood,
including the testimony of an expert witness regarding the effect of that abuse on Guillen. During
closing argument, defense counsel referred to this evidence. During the State’s closing argumen... More...
   $0 (09-25-2016 - TX)

Jose Miguel Garcia Villareal v. The State of Texas

Villarreal was charged by information with the misdemeanor offense of driving while
intoxicated on or about June 11, 2011. TEX. PENAL CODE ANN. § 49.04(a), (b) (West Supp. 2015).
He pled not guilty and proceeded to trial before a jury. Before trial, Villarreal filed a general
- 2 -
motion to suppress all evidence stemming from the stop, and specific mo... More...
   $0 (09-25-2016 - TX)

United States of America v. Marco Antonio Delgado a/k/a Marco Delgado Licon

El Paso, TX - Federal Jury Convicts El Paso Attorney Marco Delgado in Connection with a Multi-Million Dollar Fraud / Money Laundering Scheme

An El Paso, a federal jury convicted 50-year-old El Paso attorney Marco Antonio Delgado (aka Marco Delgado Licon) in connection with a multi-million dollar wire fraud and money laundering scheme.

Jurors found Delgado guilty of three counts o... More...
   $0 (09-24-2016 - TX)

Taylor M. Moser v. The State of Texas

This appeal arises out of the trial court’s denial of Appellant Taylor M. Moser’s motions
to suppress evidence. On April 29, 2015, we reversed the trial court’s judgment and remanded the
cause for a new trial, holding that Moser’s rights under the Fourth Amendment were violated by
the warrantless, nonconsensual blood draw. See Moser v. State, No. 04-13-00826-CR, 2015 WL
1938865... More...
   $0 (09-24-2016 - TX)

Joseph Lester Green v. The State of Texas

This case is before us on remand from the Court of Criminal Appeals. See Green v. State,
476 S.W.3d 440 (Tex. Crim. App. 2015). Green was indicted for and convicted of one count of
aggravated sexual assault of a child, and raised several issues on appeal. We reversed his
conviction based on jury charge error. Green v. State, 434 S.W.3d 734, 738 (Tex. App.—San
Antonio 2014, ... More...
   $0 (09-24-2016 - TX)

Michael Rosario, Jr. v. The State of Texas

A jury convicted Michael Rosario, Jr., of Assault on a Family/Household Member
with a Previous Conviction. See Tex. Penal Code § 22.01(a)(1), (b)(2)(A). The trial court assessed
punishment at nine years’ imprisonment.
Rosario’s appointed attorney has filed a motion to withdraw supported by a
brief concluding that the appeal is frivolous and without merit. The brief meets the re... More...
   $0 (09-24-2016 - TX)

Michael Grace v. The State of Texas

Grace was arrested for driving while intoxicated following a traffic stop. The sole
issue at the suppression hearing was whether the officer who had initiated the traffic stop had
See Tex. Penal Code §§ 49.04, .09(a).1
reasonable suspicion to detain Grace. At the hearing, the trial court heard evidence that at
approximately 2:00 a.m. on July 7, 2013, Cary Allen, a doorman at Eg... More...
   $0 (09-24-2016 - TX)

Perry Lee Penning v. The State of Texas

The instant charge arose out of a roadway encounter between two drivers on Highway
183 in Austin. Jerold Hill, driving a white Buick LaSabre, was driving in the right lane (of three
lanes), which merged into the center lane. Unable to successfully merge because the center lane
drivers would not let him in, Hill was forced to drive on the shoulder of the roadway. However, the
sho... More...
   $0 (09-24-2016 - TX)

Charles Newman Smith, Jr. v. The State of Texas

The indictment in this case alleged that “pursuant to a common scheme or continuing
course of conduct” and “with the intent to establish, maintain, or participate in a combination or in
the profits of a combination,” Smith collaborated to commit the offense of unlawfully delivering,
dispensing, or distributing methamphetamine in an amount between four and 200 grams. The
indictment... More...
   $0 (09-24-2016 - TX)

Kevin Duane Drisdale v. The State of Texas

Around 4:15 a.m. on August 11, 2013, police officers with the City of Killeen were
dispatched to investigate a 911 hang-up call at a two-story apartment building. When they arrived
at the apartments, they were “flagged” down by Brenda Layton who identified herself as the 911
caller and a co-tenant with appellant of a second-floor apartment. She pointed to appellant who was 2
stan... More...
   $0 (09-24-2016 - TX)

State of Texas v. Enrique Arochi

Plano, TX - Man Convicted of Kidnapping Woman Who Has Never Been Found

The State of Texas charged Enrique Arochi with first-degree aggravated kidnapping claiming that he kidnapped Christina Morris who was last seen with Arochi on August 30, 2014 walking into a parking garage with the Defendant. The State claimed that the cell phones belonging to the missing woman and the defendant pinged... More...
   $0 (09-22-2016 - TX)

United States of America v. Jesse Huerra

San Angelo, TX - Federal Jury Convicts San Angelo, Texas, Man on Methamphetamine Distribution and Firearms Charges

Defendant Faces Mandatory Life Sentence

Following a one-day trial before Senior U.S. District Judge Sam R. Cummings, a federal has jury convicted Jesse Huerra, 31, of San Angelo, Texas, on methamphetamine distribution and firearms charges outlined in a May 2016 feder... More...
   $0 (09-21-2016 - TX)

United States of America v. Darnell Mayne Menard

Houston, TX - Houston Man Heads to Prison for Credit Card Fraud

A 29-year-old Houston resident was ordered to federal prison following his convictions of conspiring to commit credit card fraud and aggravated identity theft. Darnell Wayne Menard pleaded guilty as charged.

U.S. District Judge Nancy Atlas sentenced Menard to 57 months for the conspiracy as well as a mandatory and co... More...
   $0 (09-15-2016 - TX)

United States of America v. Angelbert Evoulou

Dallas, TX - Man Convicted at Trial on Offenses Related to a Stolen Identity Refund Scheme is Sentenced to 57 Months in Federal Prison

Angelbert Evoulou was sentenced to 57 months in federal prison following his conviction at trial in May 2016 on several offenses related to a stolen identity refund scheme.

Specifically, the jury convicted Evoulou of Conspiracy, Theft of Public Fu... More...
   $0 (09-17-2016 - TX)

Timothy Steven Blackard v. The State of Texas

Following his arrest for the charged offense, Blackard completed a “form for court
appointed attorney,” in which he indicated that he was unemployed and received no income
See Tex. Penal Code § 71.02.1
from public assistance. Subsequently, the district court ordered that Blackard be appointed counsel,
finding that Blackard did not have “sufficient net assets to use in hiring a l... More...
   $0 (09-14-2016 - TX)

Walter Lee Scott, Jr. v. The State of Texas

Walter Lee Scott, Jr., was charged with assaulting Kassandra Holt, who was a
member of Scott’s family or household, “by intentionally, knowingly, or recklessly impeding the
normal breathing or circulation of . . . Holt by applying pressure to [her] throat or neck.” See Tex.
Penal Code § 22.01(a) (setting out elements of offense of assault), (b)(2)(B) (elevating offense level
from ... More...
   $0 (09-14-2016 - TX)

James Robert Montoya, Jr. v. The State of Texas

M.A., the victim in this case, was returning to her home in New Braunfels after
leaving her job at Taco Bell at approximately 1:15 a.m. The victim was traveling south on Interstate
Highway 35 when her car ran out of gas and stalled just north of San Marcos near the Blanco River
turnaround. After trying to call family and friends for help, M.A. decided to walk to the nearest
gas s... More...
   $0 (09-14-2016 - TX)

Elizabeth Ann Black v. The State of Texas

During the suppression hearing, the only witness to testify was Officer Rodriguez,
but the State also introduced into evidence a recording from Officer Rodriguez’s dashboard camera.
In his testimony, Officer Rodriguez explained that he had received training related to performing
traffic stops and regarding the scope of the Transportation Code. Further, he explained that on the
nig... More...
   $0 (09-14-2016 - TX)

Richard Vasquez v. The State of Texas

This is an appeal pursuant to Anders v. California. A jury convicted appellant 1
Richard Vasquez of the offenses of attempted capital murder of a peace officer and aggravated
assault against a public servant. The district court rendered judgment on each verdict and sentenced 2
Vasquez to thirty years’ imprisonment for the attempted-capital-murder offense and fifteen years’
impris... More...
   $0 (09-13-2016 - TX)

Jason Sibley v. The State of Texas

This is an appeal pursuant to Anders v. California. A jury convicted appellant 1
Jason Sibley of the offense of sexual assault. The district court rendered judgment on the verdict 2
and sentenced Sibley to 24 years’ imprisonment.
Evidence considered by the jury during trial included the testimony of the
complainant, Gabrielle Rhodes. Rhodes testified that on the night of Februar... More...
   $0 (09-13-2016 - TX)

Clifton Crews Hoyt v. The State of Texas

Clifton Crews Hoyt was charged with driving while intoxicated. See Tex. Penal
Code § 49.04(a) (listing elements of offense). The indictment also alleged that Hoyt had previously
been convicted of the offense on two prior occasions, which elevated the level of the offense to
a third-degree felony. See id. § 49.09(b)(2). In addition, the indictment alleged that Hoyt was also
prev... More...
   $0 (09-13-2016 - TX)

Heather Lauren Richards v. The State of Texas

Richards became convinced that Dana Huth, the victim in this case, was in a sexual
relationship with Richards’s boyfriend, Travis Nealon (also known as T-Bone). Richards confronted
Huth about the relationship at the home of Mike Chapin (also known as Big Mike or Uncle Mike).
Kayla Lardieri, Sheena Hopkins, Trace Smith, and Big Mike were also present in the home during
the encounte... More...
   $0 (09-13-2016 - TX)

Amador Fernandez v. The State of Texas

This is an appeal pursuant to Anders v. California. Following a bench trial, appellant 1
Amador Fernandez was convicted of the offense of evading arrest and detention with a vehicle.2
After finding Fernandez guilty, the district court sentenced him to five years’ imprisonment. This
appeal followed.
At trial, the district court heard evidence that on the night of March 15, 2014, D... More...
   $0 (09-13-2016 - TX)

Victorio Nepomuceno v. The State of Texas

The State indicted appellant for “intentionally or knowingly caus[ing] the penetration
of the anus of [H.C.], a child who was then and there younger than 14 years of age, by [appellant’s]
sexual organ.” At trial, the jury heard the testimony of H.C., H.C.’s sister, and a police officer who
investigated the allegation of sexual abuse. H.C. testified that appellant regularly babysat hi... More...
   $0 (09-12-2016 - TX)

Sidney Price Lawson v. The State of Texas

After Daughter2 revealed to her biological mother, Cari Mauk, that her
biological father, Lawson, had “touched her” in her “no-no areas,” Mauk
contacted the police. The police investigation resulted in the State charging
Lawson with the continuous sexual assault of a young child.
At trial, Mauk testified that she met Lawson in 1999 when she was
nineteen years old and that... More...
   $0 (09-12-2016 - TX)

Devin Keith Cutler v. The State of Texas

On November 9, 2015, a jury found Appellant guilty of the offense of DWI
Misdemeanor Repetition, and the trial court assessed his punishment at 180
days’ confinement in the Tarrant County Jail and a fine of $500. The trial court
suspended Appellant’s sentence and placed him on community supervision for
twenty-four months. On the same date, November 9, 2015, Appellant filed a <... More...
   $0 (09-12-2016 - TX)

Robert Gene Geotcha, Jr. v. The State of Texas

Through separate indictments, a grand jury indicted appellant on two
charges of aggravated assault with a deadly weapon. The indictments alleged
that in March 2014, he had used a knife—a deadly weapon by its use or intended
use—to cut and injure Alquisha Knox and Wanda Jackson. Appellant received
appointed counsel, and the parties filed various pretrial documents in both case... More...
   $0 (09-12-2016 - TX)

Adeel Siddiq v. The State of Texas

A City of Frisco police officer stopped Siddiq a little after 2:00 a.m. after
seeing the car that Siddiq was driving swerve several times, veer and almost hit
some parked cars, and hit a curb after turning too sharply at an intersection.
Because Siddiq exhibited signs of possible intoxication, the officer asked him to
exit the car and to perform field sobriety tests. Siddiq r... More...
   $0 (09-12-2016 - TX)

Andrew Williams v. The State of Texas

In count one, the jury found Appellant guilty of aggravated sexual assault
by the penetration of a child’s sexual organ. See Tex. Penal Code Ann.
§ 22.021(a)(B)(i) (West Supp. 2016). In count two, the jury found Appellant guilty
of aggravated sexual assault by his causing the child’s mouth to contact his
sexual organ. See id. § 22.021(a)(B)(v).
II. The Denial of Appella... More...
   $0 (09-12-2016 - TX)

Travis Reed v. The State of Texas

Appellant was a volunteer firefighter and medic and a volunteer with the
children’s ministry and the youth program at a church in Azle. The complainant
in this case met appellant through the children’s ministry.
The complainant, who was fourteen years old at the time of trial, testified
that during a father-son campout sponsored by the church, appellant put his
hands insi... More...
   $0 (09-12-2016 - TX)

Ashley Thomas v. The State of Texas

In early 2010, prior to his deployment to Afghanistan, U.S. Army Sergeant
Zachary MacCalla became intimately involved with Thomas. After he attempted
to end their relationship, Thomas showed him a photograph from an ultrasound
and told him that she was pregnant with his twins. This was an utter falsehood.
Former section 31.03(e)(4)(A) provided that theft is a state jail felo... More...
   $0 (09-11-2016 - TX)

Jason J. Ross v. The State of Texas

In each case, Appellant pled guilty to Count Two of the indictment, which
alleged that he committed burglary in one of three ways: intentionally or
knowingly, without the complainant’s consent, (1) entering a habitation with intent
to commit assault; (2) entering a habitation and attempting to commit assault; or
(3) entering a habitation and committing assault.2
The punis... More...
   $0 (09-11-2016 - TX)

Thomas George Craaybeek v. The State of Texas

On November 28, 2014, at approximately 6 p.m., police received a 9-1-1
call that Appellant had shot his wife in their home. State Trooper James
Lattimore responded to a dispatch issued by the Young County Sheriff’s
Department and drove his marked patrol vehicle to Appellant’s home. Trooper
Lattimore testified that he activated the vehicle’s overhead red and blue lights as More...
   $0 (09-11-2016 - TX)

Don Reed v. The State of Texas

This appeal arises out of an altercation between Appellant and his
girlfriend, Miriam.2 As a result of the altercation, Appellant was indicted for
assaulting Miriam, a person with whom he had a dating relationship, by impeding
her breath, a third-degree felony. See id. § 22.01(a), (b)(2)(B).
At trial, the jury heard the audio recording of a 9-1-1 call placed shortly
a... More...
   $0 (09-11-2016 - TX)

United States of America v. Fernando Sosa-Pintor

Plano, TX - Sulphur Springs Restaurant Owner Guilty of Child Exploitation Violations

A 53-year-old Sulphur Springs, Texas man has been found guilty of child exploitation charges in the Eastern District of Texas.

Fernando Sosa-Pintor was found guilty by a jury of two counts of distributing and one count of possessing child pornography. The verdict was reached on Sep. 8, 2016 foll... More...
   $0 (09-09-2016 - TX)

United States of America v. Jose A. Ytuarte

San Antonio, TX - Former State Employee Sentenced to Federal Prison in Fraudulent Drivers License Scheme

Jose A. Ytuarte, age 54, a former Texas Department of Public Safety Customer Service Representative in Hondo, TX, was sentenced to 18 months in federal prison followed by two years of supervised release for his role in a scheme to provide fraudulent drivers’ licenses to undocumented al... More...
   $0 (09-10-2016 - TX)

Dammond Defferal Johnson v. The State of Texas

In September 2013, Alberto Gonzalez and his wife of 22 years, Jacqueline
Bautista, were in the process of remodeling a home they owned in Gainesville,
Texas. On Sunday, September 8, 2013, Gonzalez was working on the
Gainesville house, and Bautista was in Dallas. When Gonzalez stopped
answering or returning Bautista’s phone cal... More...
   $0 (09-10-2016 - TX)

United States of America v. Graham Scott Criglow

Victoria, TX - Anderson Man Sentenced for Smuggling Orangutan Skulls

A professional reptile breeder has entered a guilty plea to smuggling two orangutan skulls into the country from Indonesia.

Graham Scott Criglow, 39, pleaded guilty before Senior U.S. District Judge John D. Rainey. Criglow was ordered to pay a $2,500 fine and must serve three years of probation.

“One of... More...
   $0 (09-10-2016 - TX)

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