OPINION Yeary , J. , delivered the opinion of the Court in which Keller, P.J., and Meyers, Keasler, Hervey, Alcala, Richardson and Newell, JJ., joined. Appellant, Robert Cornwell, was convicted of impersonating a Dallas County assistant district attorney and sentenced to two years' confinement in the penitentiary. The Ninth Court of Appeals affirmed his conviction, holding that the evidence was sufficient to show that Appellant impersonated a public servant with the intent to induce...
ORDER Per curiam . Appellant was convicted of evading arrest or detention with a vehicle and sentenced to confinement for sixty-two years. The Court of Appeals affirmed in part and reversed and remanded in part. Vidales v. State, 2015 WL 2375386 (Tex. App. — Amarillo No. 07-13-00286-CR, delivered May 15, 2015). The State filed a petition for discretionary review on June 12, 2015. On July 7, 2015, the Court of Appeals withdrew its opinion and issued another opinion in its place. Vidales...
OPINION Johnson , J. , delivered the opinion of the Court in which Keller, P.J., Meyers, Keasler, Hervey and Richardson, JJ., joined. In 1980, appellant was convicted of capital murder and sentenced to death for fatally shooting a seventy-year-old grocery clerk, James McCarble, in Houston, Texas, while committing or attempting to commit robbery. See TEX. PENAL CODE ANN. 19.03(a). We affirmed the 1980 conviction and sentence. Moore v. State, 700 S.W.2d 193 (Tex. Crim. App. 1985)....
Keller , P.J. , delivered the opinion of the Court in which Meyers , Keasler , Hervey , Richardson , Yeary and Newell , JJ. , joined. Applicant was a juvenile at the time he committed the offense in this case. He was subsequently certified to stand trial as an adult and transferred to district court, where he was later convicted. He claims that he was not properly served with a summons to the transfer hearing in the juvenile court. He further claims that, as a consequence of that...
ORDER Per curiam . This is a subsequent application for writ of habeas corpus filed pursuant to the provisions of Texas Code of Criminal Procedure Article 11.071, 5. Applicant was originally convicted of the offense of capital murder in 1995. The jury answered the special issues submitted under Article 37.071, TEX. CODE CRIM. PROC., and the trial court, accordingly, set punishment at death. This Court affirmed applicant's conviction and sentence on direct appeal. Gonzales v. State, No....
KELLER , P.J. , delivered the opinion of the unanimous Court. We determine that questions about the defendant's name and phone number that were asked in a custodial interview in the present case did not fall within the "booking" exception to the Miranda 1 rule. We arrive at this conclusion because, though the questions may have been the type that would be asked during a booking procedure, the questions were not asked during a booking procedure, and the circumstances did not otherwise...
OPINION Hervey , J. , delivered the opinion of the Court in which Keller , P.J. , Johnson , Keasler , Alcala , Richardson , Yeary , Newell , JJ. , joined. Chad William Murray, Appellant, was charged with misdemeanor driving while intoxicated and was convicted by a jury. He was sentenced to one-year confinement in the county jail and ordered to pay a $1,000 fine. His sentence of confinement was suspended, and Appellant was placed on community supervision for two years. On appeal,...
Rehearing denied. Alcala , J. , filed a statement dissenting from the denial of rehearing. On original consideration of this Court's sua sponte motion to hold attorneys David Dow and Jeffrey Newberry in contempt, I was the sole dissenter from this Court's order banning Dow from practicing in this Court for one year. In this Court's order, I specified that, unlike this Court's majority, I would hold Dow in contempt, assess a $1,000 fine ($500 for each of two pleadings), and place him on...
