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Texas Circumstantial Evidence Law
 
Toni Joe Whitehead v. The State of Texas

Around 4:30 in the afternoon on July 3, 2014, Trooper Travis Alewine, an
officer with the Texas Department of Public Safety Highway Patrol, observed a
pickup truck speeding over the posted speed limit of 35 miles per hour2 on Soda
Springs Road in Parker County. He activated his patrol vehicle lights and
initiated a traffic stop for speeding.
As Trooper Alewine approach... More...
   $0 (07-30-2016 - TX)

Shirley Jean Johnson v. The State of Texas

In the indictment, the State alleged that on or about October 5, 2012,
Appellant,
with the intent that possession of a controlled substance, to wit: methamphetamine, be committed[,] agree[d] with Chad Lanier that [Appellant] would engage in conduct that would constitute said offense, to wit: [Appellant] would purchase 1.25 grams of methamphetamine from Chad Lanier, and [Appellant] perf... More...
   $0 (07-30-2016 - TX)

Patricia Elizabeth Harkcom v. The State of Texas

On New Year’s Eve in 2011, Department of Public Safety Trooper
Benjamin Chase Neville pulled over a car in which appellant was a passenger
because it did not have a working license plate lamp. Upon walking to the car,
Trooper Neville saw a sealed black bag in the rear seat. Trooper Neville asked
the driver, Julie Underhill, to follow him back to his patrol car to run her driv... More...
   $0 (07-30-2016 - TX)

Arnold Ray Lamotte v. The State of Texas

Appellant Arnold Ray Lamotte, Jr., was charged with theft-by-check in the
amount of $20 or more but less than $500, a Class B misdemeanor.1 A jury found
Lamotte guilty and assessed his punishment at 180 days in jail and a $2,000 fine.
On appeal, Lamotte contends in nine issues that (1) insufficient evidence supports
his conviction, (2) the trial court erroneously instructed t... More...
   $0 (07-30-2016 - TX)

Bobby Joe Jones, Jr. v. The State of Texas

In the summer of 2012, appellant and his teenage son BJ lived with
appellant’s parents, Bobby Joe Jones, Sr. (“Senior”) and Joanie Jones, at the
Joneses’ residence in Hays County, Texas. At the time, appellant’s sister,
Ashleigh Jones Dekay, was attempting to reconcile with her ex-husband, Matt
DeKay, one of the complainants. Appellant was charged with the offense of
agg... More...
   $0 (07-30-2016 - TX)

Lature Robert Irvin v. The State of Texas

Appellant was a promoter in the music industry. In 2009, he met Brian
Andrews, a recording artist. Appellant would send Andrews to events in various
cities. The two became friends along with their spouses. On November 22, 2009,
Andrews was out of town. Appellant and his wife invited Andrews’s wife, Trina
Guerrero, over to their house. Appellant gave Guerrero a couple of m... More...
   $0 (07-30-2016 - TX)

Hector Antonio Rios v. The State of Texas

After receiving a tip from a confidential informant that narcotics were being sold at a northeast Houston residence, the Houston Police Department began surveilling the property. Officers observed numerous people coming and going from the residence and proceeded to complete a controlled buy in which officers successfully purchased methamphetamine. Officers subsequently obtained a search warrant wi... More...   $0 (07-22-2016 - TX)

Joe J. Gracia v. The State of Texas

Pasadena Police Officer Danny Slack stopped appellant’s vehicle around midnight on July 7, 2014, after observing appellant driving without illuminating his taillights.1 Officer Slack approached appellant’s vehicle and informed appellant that he had stopped him because he was driving without taillights. Appellant presented Officer Slack with a Texas Identification Card. When Officer Slack asked ... More...   $0 (07-22-2016 - TX)

Ronald Crow v. The State of Texas

The complainant, Benjamin Vaughan, resided at the Brenham State Supported Living Center. This facility is “a state-supported and structured residential facility operated by the Department of Aging and Disability Services to provide to clients with an intellectual disability a variety of services, including medical treatment, specialized therapy, and training in the acquisition of personal, social,... More...   $0 (07-22-2016 - TX)

Jonathan Young v. The State of Texas

On March 16, 2014, law enforcement officers were conducting surveillance on an apartment complex in an area known to be used to distribute large amounts

2
of cocaine. The targets of the investigation were two brothers, Gilberto and Pedro Escalante. Surveillance team members Jeffrey Vincent of the Drug Enforcement Agency, Marshum Sinegal of the Houston Police Department, and James ... More...
   $0 (07-22-2016 - TX)

Davonta Deshon Foreman v. The State of Texas

In April 2013, after Appellant pleaded guilty to theft, the trial court placed him on deferred adjudication community supervision for three years. The State subsequently filed an application to proceed to final adjudication on grounds that Appellant violated the conditions of his community supervision. In February 2014, Appellant pleaded “true” to violating the conditions of his community superv... More...   $0 (07-22-2016 - TX)

Jermel Lewis v. The State of Texas

Appellant called the police the morning of January 17, 2014, to report that his vehicle had been burglarized at a Denny’s restaurant. He also reported that he was a city marshal and his service weapon had been taken. Officers Walter Sambola and Heidi Dragija of the Dallas Police Department responded to the call. After speaking with Appellant and the restaurant manager and reviewing the surveill... More...   $0 (07-22-2016 - TX)

Cory Devoyse Finn v. The State of Texas

Delma Moss, an employee for the City of Dallas’s street department, testified that he responded to a call of a tree down. While Moss and his coworker, Lawrence Davis, removed the tree from the road, a vehicle approached and struck Moss. Davis and Moss both testified that the driver never stopped. Neither Moss nor Davis saw the driver’s face. However, Davis found a piece of the vehicle that had... More...   $0 (07-22-2016 - TX)

Dustin Edward Klendworth v. The State of Texas

The State charged Appellant with intentionally, knowingly, and recklessly causing serious bodily injury to Richard Barlow by striking Barlow’s face and head with Appellant’s fist, kicking Barlow in the ribs and stomach area, stomping Barlow’s head, slamming Barlow’s head against a gearshift, and hitting Barlow in the head with a sword. The State alleged that Appellant used or exhibited a deadly w... More...   $0 (07-22-2016 - TX)

Willie Henderson, Jr. v. The State of Texas

Appellant was indicted for the offense of possession of a prohibited substance in a correctional facility.1 The trial court determined that Appellant was indigent and appointed counsel to represent him. Appellant pleaded “guilty” to the offense and was placed on community supervision. The State filed an application to revoke Appellant’s community supervision, which the trial court granted after... More...   $0 (07-22-2016 - TX)

Charles Bennett, Sr. v. The State Of Texas

Appellant was charged by indictment with, among other things, sexual assault of a child, sexual assault of a disabled individual, and prohibited sexual conduct. Appellant pleaded “not guilty” to each charge. A jury found Appellant “guilty” as charged, and the matter proceeded to a trial on punishment. Ultimately, the jury assessed Appellant’s punishment at imprisonment for fifteen years for sex... More...   $0 (07-22-2016 - TX)

Steven Lamon Moore v. The State of Texas

Appellant was charged by indictment with delivery of a controlled substance. He pleaded “guilty” to the offense and “true” to two felony enhancements. The trial court found Appellant guilty and the enhancement paragraphs true. Following a bench trial on punishment, the trial court assessed Appellant’s punishment at imprisonment for thirty-five years. This appeal followed.
FAILURE TO CONSI... More...
   $0 (07-22-2016 - TX)

Robert Lafayette Walker v. The State of Texas

Appellant was charged by complaint and information for committing the offense of driving while intoxicated in Smith County on or about July 3, 2014. The complaint and information further alleged that Appellant was previously convicted of driving while intoxicated on February 14, 2011. Appellant filed a motion to suppress, challenging the law enforcement officer’s basis for initiating a traffic st... More...   $0 (07-22-2016 - TX)

John Thomas Congleton v. The State of Texas

Appellant was charged by indictment with aggravated sexual assault of a child and three counts of indecency with a child by contact. Pursuant to a plea bargain agreement with the State, he pleaded “guilty” to the offenses, and the trial court placed him on ten years of deferred adjudication community supervision. The State subsequently filed a motion to proceed to adjudication. Following a hear... More...   $0 (07-22-2016 - TX)

Darrian Dewayne Johnson, Jr. v. The State of Texas

Appellant was charged by information with the offense of endangering a child, a state jail felony. Appellant pleaded “guilty” to the offense charged in the information. Appellant and his counsel signed various documents in connection with his guilty plea, including a stipulation of evidence and judicial confession in which Appellant swore, and judicially confessed, to the offense alleged in the ... More...   $0 (07-22-2016 - TX)

Darrian DewayneJohnson, Jr. v. The State of Texas

Appellant was charged by indictment with the offense of possession of a controlled substance, namely, cocaine, in an amount of less than one gram, a state jail felony. Appellant pleaded “guilty” to the offense charged in the indictment. Appellant and his counsel signed various documents in connection with his guilty plea, including a stipulation of evidence and judicial confession in which Appel... More...   $0 (07-22-2016 - TX)

Bobbie Dewayne Grubbs v. The State of Texas

Appellant was charged by indictment with capital murder and two counts of aggravated assault. He pleaded “not guilty,” and the matter proceeded to a jury trial. At trial, the evidence showed that Appellant and his wife, Deedra, attempted to kill a woman at her home and left her for dead. The woman regained consciousness and called the police. When Appellant and Deedra learned that the police w... More...   $0 (07-22-2016 - TX)

Charles Blake Defore v. The State of Texas

In trial court cause number 31070, appellate cause number 12-15-00074-CR, Appellant was indicted for possession with intent to deliver a controlled substance. In trial court cause number 31077, appellate cause number 12-15-00075-CR, Appellant was indicted in count one for possession with intent to deliver a controlled substance, and in count two for tampering with evidence. He was placed on ten ... More...   $0 (07-21-2016 - TX)

The State of Texas v. Hardik Yagnesh Vyas

Abilene police officers received a tip from an unknown person indicating that a man had caused a disturbance at a hotel and was trying to leave in a black fourdoor car. An officer subsequently detained Appellee, Hardik Yagnesh Vyas, while he sat in his car in the hotel parking lot. The investigating officer determined that Appellee was intoxicated and arrested him for driving while intoxicated. ... More...   $0 (07-21-2016 - TX)

Walter B. Saner v. BridgeTex Pipeline Company, LLC

BridgeTex is a limited liability company engaged in the location and construction of a pipeline in Texas for the transportation of crude petroleum. The pipeline is intended to transport crude petroleum from the Permian Basin to the Texas Gulf Coast. In January 2013, the Texas Railroad Commission designated BridgeTex as a common carrier and granted it a T-4 permit. Pursuant to its designation as... More...   $0 (07-21-2016 - TX)

Benjamin Escovedo v. The State of Texas

The grand jury indicted Appellant for possession of more than four grams but less than two hundred grams of methamphetamine, enhanced by two prior felony convictions. A person commits an offense if he knowingly or intentionally possesses methamphetamine. HEALTH & SAFETY §§ 481.102(6), 481.115(a). The offense is a second-degree felony if the offender possessed more than four grams but less than ... More...   $0 (07-21-2016 - TX)

Robert Conrad Zepeda v. The State of Texas

Appellant attended a party in Brownwood. While there, he learned that his ex-girlfriend, Amanda Mascorro, was dating another man. After Appellant learned this, he rode with two other partygoers to Mascorro’s home. There, Appellant banged on Mascorro’s door. When she did not answer, Appellant went to the side of her home and forcibly pulled an air conditioning unit from the window because he “h... More...   $0 (07-21-2016 - TX)

The State of Texas v. Jose Estrada

In one issue, the State contends the trial court erred in dismissing the State’s case
against Estrada because the State did not violate Estrada’s right to a speedy trial.
The Sixth Amendment to the United States Constitution guarantees an accused the
right to a speedy trial. Cantu v. State, 253 S.W.3d 273, 280 (Tex. Crim. App. 2008) (citing
Zamorano v. State, 84 S.W.3d 643, 64... More...
   $0 (07-21-2016 - TX)

William David Wagner v. The State of Texas

When Wagner got home several hours after leaving work, he was intoxicated and
angry. Ten year old Keyuiana was watching television in the living room. It was after
11:00 p.m. Wagner wanted Keyuiana to turn off the television. She would not. When he
turned it off, she turned it back on. This happened several times. Wagner decided to
break the televisions in the house. He... More...
   $0 (07-21-2016 - TX)

Mohammad Jon Khairandish v. The State of Texas

Mohammad Jon Khairandish was convicted of driving while intoxicated and
sentenced to 60 days in jail with a $1,000 fine. See TEX. PENAL CODE ANN. § 49.04 (West
2011). Because the trial court did not err in overruling Khairandish’s chain of custody
objection, the trial court’s judgment is affirmed.
When arrested for driving while intoxicated, Khairandish refused to give a brea... More...
   $0 (07-21-2016 - TX)

Christopher Caine Donaldson v. The State of Texas

Appellant Christopher Caine Donaldson entered an open plea of guilty to three
counts of aggravated assault against a public servant and one count of credit card abuse.
The trial court found him guilty and assessed his punishment at twenty-five years’
imprisonment for each aggravated-assault-against-a-public-servant conviction and at
two years’ confinement in state jail for the... More...
   $0 (07-21-2016 - TX)

Robert Wayne Chapman, Jr. v. The State of Texas

On November 26, 2012, Melissa, Chapman’s adult half-sister, called 9-1-1 and
reported that Chapman was drunk and was asking her for sexual favors. He had grabbed
her breasts and requested oral sex, and while she was on the call, he came into her
bedroom, dropped his pants, and yelled at her to perform oral sex. In the call, Melissa
Chapman v. State further reported that Chapm... More...
   $0 (07-21-2016 - TX)

Andy Richard Strouse v. The State of Texas

Following a jury trial that resulted in his conviction for driving while
intoxicated, a felony, Andy Richard Strouse appeals, arguing (1) the trial court
erred by failing to suppress all of the evidence that police obtained in searching his
truck, all the evidence regarding what he said to the police the evening of his
arrest, and the results of his blood test; (2) insufficient... More...
   $0 (07-20-2016 - TX)

Roelio Madrigal v. The State of Texas

Timothy Parks made a 911 call in Amarillo at about 10:40 p.m., telling the
operator that an intruder had entered his house with a weapon. Two police officers
were dispatched to the location. On their arrival they encountered Parks standing
“directly” in front of the house. In testimony, one officer described Parks as “frantic.”
The other officer testified that after speakin... More...
   $0 (07-20-2016 - TX)

Crystal Dawn Parker v. The State of Texas

On June 22, 2015, Crystal Dawn Parker, an indigent person, was adjudged guilty of
possession of a controlled substance, methamphetamine, in an amount of less than one gram1 and
was placed on community supervision for four years. Among the conditions of Parker’s
community supervision were not using any controlled substance (Condition 2), reporting regularly
to her community sup... More...
   $0 (07-20-2016 - TX)

Lorenzo Martinez v. The State of Texas

When Savannah Smith answered a knock on the door to the apartment she shared with her
boyfriend, Michael Robinson, Robinson’s mother, Connie Robinson, and his sister, Caitlin,
Martinez and a companion burst inside. Martinez wielded a gun which he pointed variously at
Connie, Savannah, and Michael. When Connie inquired into the identity of Martinez’ companion,
Martinez and his... More...
   $0 (07-20-2016 - TX)

Tremar Artae Jones v. The State of Texas

Pursuant to a plea agreement, Tremar Artae Jones pled guilty to possession of less than one
gram of cocaine in a drug-free zone.1 In accordance with the sentencing recommendations
included in the plea agreement, on January 14, 2015, the trial court sentenced Jones to five years’
incarceration, fined him $750.00, suspended the five-year sentence, and placed Jones on five years’
... More...
   $0 (07-20-2016 - TX)

Devin Jeimond Mitchell v. The State of Texas

Marisa Salgado and her friend, Valeria Longoria, sat in Salgado’s car as they waited
outside the Longoria home for Valeria’s sister, Chantal, late on the night of March 18, 2015. Two
young African-American men in dark clothes, whom the girls had previously seen milling about
in the area of a nearby stop sign, approached the girls in the car. The young men neared the car
and, ... More...
   $0 (07-20-2016 - TX)

Thomas Robert Hughley v. The State of Texas

In mid-2014, before the trial court placed Thomas Robert Hughley on deferred adjudication
community supervision on a charge of assault in a family violence situation causing bodily injury,
the court conducted a detailed, on-the-record dialogue with Hughley and his attorney during which
Hughley admitted to having committed the crime. In the next year, Hughley’s guilt was
adjudi... More...
   $0 (07-20-2016 - TX)

Santana Gaona v. The State of Texas

In August 2011, appellant’s wife, Rosario, accused him of rape. The charges were
ultimately dropped, but the couple remained separated. Two months later, Samuel Rojas, who
was married to Rosario’s sister, hosted a family birthday party. Rosario and several of her
family members attended the party. Several hours into the party, appellant showed up and went
to the back yard w... More...
   $0 (07-20-2016 - TX)

 
 
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