OPINION PER CURIAM. Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824 , 826 (Tex.Crim.App.1967). Applicant was charged with murder but convicted by a jury of the lesser included offense of manslaughter. He was sentenced to twenty years' imprisonment. The Sixth Court of Appeals affirmed his conviction. Holloway v. State, No....
OPINION KEASLER, J., delivered the opinion of the Court, in which KELLER, P.J., MEYERS, PRICE, JOHNSON, HERVEY, COCHRAN, and ALCALA, JJ., joined. Ben Chambless appeals from the court of appeals' judgment affirming his jury-assessed punishment of eight years' confinement for committing criminally negligent homicide. We affirm the court of appeals' judgment that the jury instructions properly defined the punishment range of a third-degree felony because there is no conflict between the...
OPINION HERVEY, J., delivered the opinion for a unanimous Court. Appellant, Ronald Glen Boston, was found guilty of aggravated robbery and was sentenced to fifty-five years' imprisonment. The Third Court of Appeals affirmed the judgment of the trial court, and Appellant filed a petition for discretionary review. Boston v. State, 373 S.W.3d 832 (Tex.App.-Austin 2012, pet. granted). We granted review to determine whether the Third Court of Appeals erred when it held that the victim was...
OPINION ALCALA, J., delivered the opinion of the Court in which PRICE, WOMACK, JOHNSON, and COCHRAN, JJ., joined. KELLER, P.J., filed a dissenting opinion in which HERVEY and KEASLER, JJ., joined. MEYERS, J., filed a dissenting opinion in which KELLER, P.J., and Hervey, J., joined. In this case, we are asked to decide whether state or federal law disallows the execution of a mentally ill inmate who was previously found incompetent to be executed and later became competent only after he was...
The issue in this case is whether the appellant may complain for the first time on appeal about the trial court's imposition, sua sponte and after proceedings had adjourned, of costs for the appointed prosecutor pro tem and its investigator. Because the appellant did not have the opportunity to object, we hold that she may make the complaint on appeal. We shall reverse the holding of the Court of Appeals and remand for further proceedings. The appellant was indicted for tampering with a...
OPINION COCHRAN, J., delivered the opinion of the Court in which KELLER, P.J., and PRICE, WOMACK, JOHNSON, KEASLER, HERVEY, and ALCALA, JJ., joined. Appellee, an undocumented alien seeking to remain eligible for "cancellation of removal" from the United States, 1 filed a motion to vacate his 1998 deferred-adjudication misdemeanor judgment for possession of less than two ounces of marijuana. The motion alleged that appellee's guilty plea had been involuntary because it was made without an...
OPINION JOHNSON, J., delivered the opinion of the Court in which PRICE, WOMACK, KEASLER, HERVEY, COCHRAN, and ALCAL , JJ., joined. In each of two causes, a grand jury indicted applicant for both aggravated robbery and aggravated assault of a named complainant. A petit jury convicted him of all counts and sentenced him to concurrent terms of twenty-five years' imprisonment for each aggravated robbery and twenty years' imprisonment for each aggravated assault. Applicant asserts that...
OPINION ALCALA, J., announced the judgment of the Court and delivered an opinion in which KELLER, P.J., PRICE and KEASLER, JJ., joined. In deciding the petition for discretionary review filed by Mauricio Celis, appellant, we address three jury-charge complaints. First, we determine that the offense of falsely holding oneself out as a lawyer, as it applies here, does not require an instruction as to a culpable mental state beyond the intent expressly prescribed by the plain language in that...
OPINION ALCALA, J., delivered the opinion of the Court in which KELLER, P.J., PRICE, WOMACK, JOHNSON, KEASLER, HERVEY, and COCHRAN, JJ., joined. Is a vehicle a mobile "castle" so that passengers are treated the same as tenants who may disallow police to search a residence after a fellow tenant has consented to the search Concluding that it is not, we decline to extend the holding in Georgia v. Randolph, 547 U.S. 103 , 123, 126 S.Ct. 1515, 164 L.Ed.2d 208 (2006), from residences to...
OPINION JOHNSON, J., delivered the opinion of the Court in which KELLER, P.J., and PRICE, WOMACK, KEASLER, HERVEY, COCHRAN, and ALCALA, JJ., joined. Appellant was 16 years old when he was arrested for, and charged with, aggravated robbery. Because he was a juvenile, 1 he was given his Miranda warnings by a magistrate pursuant to Texas Family Code section 51.095(a)(1)(A). There is conflicting testimony in the record as to whether two armed police officers were present when appellant was...
KELLER, P.J., delivered the opinion of the Court in which PRICE, JOHNSON, KEASLER, HERVEY, COCHRAN, and ALCAL , JJ., joined. In this aggravated robbery case, the abstract portion of the jury charge included an instruction on the law of parties, but the application portion did not. Further, appellant was denied a lesser-included-offense instruction on robbery. We must determine whether it is proper, in determining whether the lesser-offense instruction should have been given, to take into...
OPINION COCHRAN, J., delivered the opinion of the Court in which KELLER, P.J., and PRICE, WOMACK, JOHNSON, KEASLER, HERVEY, and ALCALA, JJ., joined. After rejecting his entrapment defense, a jury convicted appellant of three drug offenses. On appeal, he complained that the trial judge reversibly erred by not instructing the jury accurately on his entrapment defense because the application instruction did not list inducement by the confidential informant as well as inducement by an undercover...
OPINION MEYERS, J., delivered the opinion of the Court in which KELLER, P.J., and KEASLER, HERVEY, and COCHRAN, JJ., joined. Appellant was convicted of murder and sentenced to sixty years in prison. Finding that Appellant suffered "some harm" by the erroneous submission of the "by manner and means unknown" jury charge, the Sixth Court of Appeals reversed the judgment of the trial court and remanded for further proceedings. 1 The State filed a petition for discretionary review, which we...
