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Texas Circumstantial Evidence Law
Jake Bradley McLemore v. The State of Texas

According to her testimony at trial, when Brittany3 was in the fourth grade,
appellant touched her sexual organ, and she touched his penis with her hands
and her mouth. Appellant also showed Brittany pornographic videos on his
phone and took pictures of her with his phone while she was naked. Appellant
told Brittany that these acts were a secret and that he would “make it wor... More...
   $0 (08-25-2016 - TX)

Harold Michael Moore v. The State of Texas

Appellant entered an open plea of guilty to the new offense and pled not
true to the deadly weapon allegation. Regarding the petition to revoke his
community supervision on the 2006 conviction, Appellant pled true to the
allegations that he committed a new offense and that he operated a vehicle
without an Interlock device in violation of his community supervision. The trial <... More...
   $0 (08-25-2016 - TX)

Bryan Garner v. The State of Texas

Garner is Rachel’s2 father. Garner and Michelle—Rachel’s mother and
Garner’s wife—had their parental rights terminated when Rachel was a “very
young child.” After their rights were terminated, Susan—Michelle’s mother and
Rachel’s grandmother—took custody of Rachel.
Rachel testified3 that the first time she was sexually abused by Garner she
was three years old and liv... More...
   $0 (08-25-2016 - TX)

Michael Roseberry v. The State of Texas

In April 2010, about eight months after the trial court placed Appellant on
DACS, the State filed a motion to adjudicate his guilt, alleging several violations
of the conditions of DACS. More than six months later, in November 2010, the
trial court chose not to revoke Appellant’s DACS and instead extended it for an
additional year, requiring that Appellant also plead true to t... More...
   $0 (08-24-2016 - TX)

Juan Alejandro Valderama v. The State of Texas

At a hearing on appellant’s motion to suppress, Pasadena Independent
School District (“PISD”) Police Department Officer M. Rodriguez testified that on
April 2, 2014, he was assigned to monitor Pasadena Memorial High School (the
“high school”). He saw appellant and another student, Jonathan Castillo, standing
at the trunk of a “blue sports car” that was parked in the “horseshoe... More...
   $0 (08-24-2016 - TX)

Joshua Jacob Patterson v. The State of Texas

A grand jury indicted Patterson for the murder of Kristian Sullivan, who died
of multiple gunshot wounds in the front yard of his grandmother’s house. Patterson
filed a pre-trial motion to suppress any statement he had made to law enforcement
officers. In this motion, he asserted several bases for suppression, including that his
statements “were taken without the safeguards r... More...
   $0 (08-20-2016 - TX)

Dejesus Fobbs v. The State of Texas

Former Silsbee Police Department Officer T. Hartless testified that while on
patrol at 2:30 a.m. on May 20, 2014, he “noticed an interior light on” and
“something” in a car stopped in a driveway. At the start of his shift that night,
Hartless had been “notified” about an increase in “[a]uto burglaries” in the area, and
2 See TE... More...
   $0 (08-20-2016 - TX)

United States of America v. Dr. Mattias Tezock

Dallas, TX - Local Chemical Engineer Must Pay Approximately $4 Million in Restitution for Unlawfully Possessing Trade Secrets

A Ph.D. chemical engineer from Sunnyvale, Texas, Dr. Mattias Tezock, 53, who admitted unlawfully possessing trade secrets from his former employer, Voltaix LLC, has been ordered by Chief U.S. District Judge Barbara M. G. Lynn to pay approximately $4 million in rest... More...
   $0 (08-20-2016 - TX)

Adam P. Paty v. The State of Texas

Travis Everett, a shift manager at a McDonald’s restaurant, testified that on
October 2, 2013, while he was working “overnight,” a person “pulled” a truck up to
the drive-through “order[ing] booth,” but then appeared to “dr[i]ve off.” About ten
to fifteen minutes later, Everett heard “honking” in the drive-through lane and
realized that the person had not in fact “dr[iven] off... More...
   $0 (08-19-2016 - TX)

Zackery Terrell v. The State of Texas

Zackery Terrell was stopped for a traffic offense and arrested for driving with
a suspended license and without insurance. Police officers conducted an inventory
search, which uncovered a loaded handgun, drug paraphernalia containing a residue
of cocaine, more than $12,000 in cash, and approximately 530 grams of liquid
codeine and promethazine.
Approximately six weeks aft... More...
   $0 (08-19-2016 - TX)

Fernando Razo v. The State of Texas

Noe Moczygemba testified that on February 2, 2014, while he was driving his
truck on South Kirkwood Road, a “white Chevy truck” “passed” him “at a really
high rate of speed,” “shak[ing]” his truck and causing it to “rock from side-to-side.”
He then saw the white truck “impact[]” and “hit” a car, which went “flying from
side-to-side” and “spin[ning] after the impact.” Moczygem... More...
   $0 (08-19-2016 - TX)

Gary James Cox v. The State of Texas

Tom and Debbie B. were friends with Appellant when he became homeless.
Taking pity on him, they would occasionally pick him up and feed him or put him
in a hotel. During a family vacation in the summer of 2013, Tom and Debbie invited
Appellant to housesit for them in League City, Texas. By that August, their son had
reached the age of majority and moved out of their house. ... More...
   $0 (08-19-2016 - TX)

Enrique Chavez Aguirre v. The State of Texas

Appellant Enrique Chavez Aguirre is a Mexican citizen. In 2003, he lived in
Houston with his girlfriend. Four children lived in the house with them: Aguirre’s
son, Enrique Jr., and his girlfriend’s three children, one of whom is the
complainant in this case. One day the complainant, who was 11 years old at the
time, reported to a friend and to a teacher that Aguirre had touched... More...
   $0 (08-18-2016 - TX)

Robert Steven Childress v. The State of Texas

When this appeal was docketed, the clerk of this court wrote Appellant and informed him that it did not appear that his notice of appeal related to a final, appealable order. We requested that Appellant respond on or before July 22, 2016, and show grounds to continue the appeal. Appellant has not filed a response.
However, we note that we have received an order of dismissal from the trial ... More...
   $0 (08-09-2016 - TX)

Silas Mark Babcock v. The State of Texas

The grand jury indicted Appellant for aggravated assault with a deadly weapon. A person commits the offense of aggravated assault with a deadly weapon if he uses or exhibits a deadly weapon during the commission of an assault. PENAL § 22.02(a)(2). The indictment charged that Appellant intentionally and knowingly threatened Theodore Flores with imminent bodily injury and that Appellant used and e... More...   $0 (08-09-2016 - TX)

Luis Edgardo Sanchez v. The State of Texas

The terms of Appellant’s community supervision required, among other things, that he (1) report to scheduled office visits and (2) notify Midland County Community Supervision and Corrections Department of changes in his address within three business days. He was also prohibited from using illegal drugs. At the revocation hearing, Appellant pleaded “not true” to failure to report to office visits... More...   $0 (08-09-2016 - TX)

Shanetha Brooks Coleman v. The State of Texas

On the evening of the offense, Amber Shantel Slaughter went outside her apartment and asked her neighbor to turn down their music. Appellant was at the neighbor’s apartment. Slaughter walked back to her apartment and, later, heard Appellant and Appellant’s husband arguing. Still later, Appellant stood outside Slaughter’s front door and yelled at Slaughter, calling Slaughter’s mother—Marlene Atk... More...   $0 (08-09-2016 - TX)

Jennifer Daniels v. The State of Texas

Daniels argues in her sole issue on appeal that the evidence is insufficient to
support her conviction. The Court of Criminal Appeals has expressed our standard of
review of a sufficiency issue as follows:
In determining whether the evidence is legally sufficient to support a conviction, a reviewing court must consider all of the evidence in the light most favorable to the verdict ... More...
   $0 (08-09-2016 - TX)

Cesar Rangel v. The State of Texas

Cesar Rangel was arrested on May 19, 2008 for the offense of evading arrest or
detention. He posted a surety bond on May 23, 2008, listing his address as 6207 Latta
Rangel v. State Page 2
Street, Dallas, Texas. Rangel was indicted on June 19, 2008, and a Dallas Deputy
Constable attempted to serve Rangel at the 6207 Latta address on July 23, 2008, July 30,
2008, August 1... More...
   $0 (08-09-2016 - TX)

Sammy Page v. The State of Texas

Appellant Sammy Page pleaded guilty to the following offenses: possession of a
Penalty Group 3 controlled substance in an amount of less than twenty-eight grams in a
drug-free zone, possession with intent to deliver a Penalty Group 1 controlled substance
in an amount of one gram or more but less than four grams in a drug-free zone, and
unlawful possession of a firearm by a fel... More...
   $0 (08-09-2016 - TX)

Brenda Elaine Patterson v. The State of Texas

Here, Patterson was charged by ind ictment with unlawful possession of a
controlled substance—dihydrocodeinone—within 1,000 feet of Hamilton High School, a
drug-free zone. Thereafter, the State provided notice of its intent to
enhance the punishment range with Patterson’s two prior felony drug-possession
convictions.1 The enhancements served to elevate the charged... More...
   $0 (08-08-2016 - TX)

Yvonne Carol Lindsey v. The State of Texas

On January 31, 2012, Lindsey was charged by indictment with one count of
unlawful possession of a controlled substance—cocaine—in an amount of one gram or
more but less than four grams. See TEX. HEALTH & SAFETY CODE ANN. § 481.115(c) (West
2010). Lindsey entered into a plea-bargain agreement with the State, wherein she pleaded
guilty to the charged offense in exchange for a p... More...
   $0 (08-08-2016 - TX)

Kelvin Benton v. The State of Texas

Appellant Noe Cosino was charged with felony driving while intoxicated
following a two-vehicle accident at the southernmost tip of Brazos County. Cosino and
the driver of the other vehicle were taken to a College Station hospital for medical
treatment. While Cosino was at the hospital, the investigating state trooper asked a nurse
to conduct a mandatory blood draw under the a... More...
   $0 (08-08-2016 - TX)

Justin Tirrell Williams v. The State of Texas

On the evening of March 29, 2013, M.W., the complainant, left her house to
meet Dewayn Peace at his apartment to study together. After parking her car, M.W.
began walking toward the apartment building when appellant grabbed her and threw
her to the ground. M.W. screamed, and appellant told her to “shut up” and threatened
to shoot her if she “did anything stupid.” Appellant t... More...
   $0 (08-08-2016 - TX)

Michael Anthony Davila v. The State of Texas

Wegin Ng testified that his eighteen-year old grandson, appellant, lived with
him and his wife, Mary Ann. Early one morning, Ng awoke to appellant stabbing
him in his abdomen and chest. Ng pushed appellant away and appellant fled.
According to Ng, he received six stab wounds during the attack, one of which he
described as being “pretty deep.” Ng also testified that his stab wou... More...
   $0 (08-08-2016 - TX)

Ruben Munoz v. The State of Texas

In the early morning hours of March 2, 2014, Sergeant C. Rowland of the
Travis County Sheriff’s Office was on patrol when appellant drove past him at a
high rate of speed. During the course of pursuit, Officer Rowland crested a hill and
discovered that the vehicle had crashed. Appellant sustained minor injuries. The
2 We origina... More...
   $0 (08-08-2016 - TX)

Charles Ray Carter v. The State of Texas

In his sole issue, appellant argues, in part, that the trial court erred in denying
his motion for new trial because “[n]o conceivable strategy could have justified
keeping . . . from the jury” evidence that the complainant had a significant amount
of gunshot residue on his “dominant [left] hand” at the time that appellant shot him.
He asserts that his “acquittal turned on whe... More...
   $0 (08-08-2016 - TX)

Luis Ruiz Sierra v. The State of Texas

One night, after consuming drugs and alcohol, appellant Luis Ruiz Sierra
entered the complainant’s apartment while she was out to walk her dogs. He later
claimed that he blacked out after taking a pill from a friend. Sierra hid in the
shower but left the bathroom light on. Upon discovering Sierra, the complainant
screamed, and he choked her until she passed out. Sierra removed ... More...
   $0 (08-07-2016 - TX)

Devren Keith Byerly v. The State of Texas

Appellant was charged with committing a terroristic threat after an altercation
between him and the complaining witness while they were at his grandmother’s
Appellant arrived at his trial without counsel, and waived his right to a jury
trial. The trial court proceeded without reference to the fact that appellant was
without counsel, and without admonishing appellant... More...
   $0 (08-07-2016 - TX)

Jose Cristino Hernandez, Jr. v. The State of Texas

Myriam Flores testified that she and the complainant, Eric Romero, had
spent the evening watching television, and the two left Romero’s home around
2:00 A.M. to drive Flores home. As the couple drove away, Flores, who was in the
front passenger seat, noticed a group of people standing outside a nearby house.
Flores testified that a few minutes later, while still riding in Ro... More...
   $0 (08-07-2016 - TX)

Eric Dewayne Small v. The State of Texas

Raynesha Blackmon testified that on the night of April 11, 2004, she and her
best friend, Keneshia Scott, the complainant, went to Cardi’s, “[a] teenage [night]
club,” for a party. However, they did not stay inside the club, which was “[v]ery
crowded,” for long. After someone had “throw[n] a chair in the air,” Blackmon and
the complainant immediately “started running” out of ... More...
   $0 (08-07-2016 - TX)

Ex parte Jaime Vasquez

On May 28, 1996, Vasquez was charged with the felony offenses of
aggravated sexual assault of a child under 14 years of age and indecency with a child
by contact.1 Pursuant to a plea agreement, the State abandoned the aggravated sexual
assault charge. Vasquez pleaded guilty to the offense of indecency with a child by
contact. On March 14, 1997, in accordance with the plea agree... More...
   $0 (08-07-2016 - TX)

Robert Lee Tinsley, IV. v. The State of Texas

The complainant testified that when she was five years old, appellant, her
uncle and adoptive father, came into where she slept in the living room of their home.
He then gave her an alcoholic drink and “stuck his wee-wee,” his “private area,”
“inside of [her],” in her “vagina” “[w]here the baby comes out.” Although the
complainant knew that this was “wrong,” she was “scared” ... More...
   $0 (08-07-2016 - TX)

David Ernest Williams v. The State of Texas

Appellant David Ernest Williams attended a family member’s birthday
party. Several children were in attendance and stayed in the den while the adults
were in the living room. Williams sat down in one of the chairs in the den,
unzipped his pants and “stuck his penis out.” He then had multiple children at the
party sit on his lap. One of the children reported the incident to her ... More...
   $0 (08-07-2016 - TX)

Victor Manuel Alas v. The State of Texas

Alas, a couple of his male friends, and Cathy Cuellar2—all teenagers—
became acquainted with a middle-aged woman who lived in a nearby apartment.
That woman began to allow the teenagers to use her apartment to drink and smoke
marijuana. One night,3 the teenagers took Xanax before meeting at the apartment.
Although Cuellar, age 15, had experience with alcohol and marijuana, this ... More...
   $0 (08-07-2016 - TX)

Augustus Mitchell v. The State of Texas

Two off-duty police officers were working a private security job patrolling an
apartment complex in west Houston. As they drove through the parking lot, they
encountered Mitchell, who was standing between two parked vehicles. Both officers
saw Mitchell take a handgun from his pocket and place it on the ground. When they
stopped to investigate and secure the weapon, Mitchell tol... More...
   $0 (08-07-2016 - TX)

United States of America v. Chad Calhoun

Tyler, TX - Former Baptist Church Pastor Sentenced for Child Exploitation Violations

A 33-year-old former preacher at the Lake Highlands Baptist Church in Sulphur Springs, Texas was sentenced for child exploitation offenses in the Eastern District of Texas.

Chad Calhoun, of Longview, Texas, was convicted by a federal jury on Dec. 10, 2015 for receiving and possessing child pornog... More...
   $0 (08-07-2016 - TX)

Chayce Daniel Hodges v. The State of Texas

At around 9:00 p.m. on November 3, 2014, Montague County Sherriff’s
Deputies Phariss and Greanead were parked at an intersection in their marked
patrol vehicle when they observed a motorcycle fail to stop at a stop sign. The
deputies activated their vehicle’s overhead lights and attempted to initiate a stop,
but the driver of the motorcycle, who was also carrying a passenger, ... More...
   $0 (08-07-2016 - TX)

The State of Texas v. Frank Empey

A grand jury indicted appellee for theft. The indictment charged him with a
state jail felony because it alleged that he had stolen “aluminum or bronze or
copper or brass, of the value of less than $20,000.” See Tex. Penal Code Ann.
§ 31.03(e)(4)(F) (West Supp. 2015).
Appellee filed a pretrial motion to dismiss the indictment. He argued that
the indictment was flawed be... More...
   $0 (08-07-2016 - TX)

Grady Leroy Hodge v. The State of Texas

As set out above, Hodge was charged with multiple counts of aggravated sexual
assault and indecency with a child in two separate causes. The indictments alleged that all of the
offenses occurred in Burnet County and further alleged, as follows, that Hodge intentionally or
Cause number 41288
Aggravated Sexual Assault
Count 1: penetrated A.H.’s anus with his sexua... More...
   $0 (08-06-2016 - TX)

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