OPINION Newell , J. , delivered the opinion of the Court in which Johnson, and Richardson, JJ., joined. According to Applicants' expert, Dr. Alexandria Doyle, the sexual-assault allegations in this case do not pass "the smell test." This emotional response certainly captures the sense of outrage that so many harbor about these cases. Whether it is in articles or a documentary, these cases involving "The San Antonio Four" have been well dissected in popular media. See e.g. Southwest of...
Habeas corpus dismissed. CONCURRING OPINION ALCALA , J. , filed a concurring opinion in which JOHNSON, J., joined. This is another claim of ineffective assistance of counsel addressed by this Court based on pleadings that have been presented by a pro se litigant. I respectfully concur in this Court's judgment dismissing applicant's claim for failure to comply with the requirements of Code of Criminal Procedure Article 11.07, Section 4. I write separately to point out that this...
DO NOT PUBLISH ORDER PER CURIAM .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 convicted of injury to a child causing serious mental deficiency, impairment, or injury and sentenced to thirty-five years' imprisonment. The Third Court of Appeals affirmed his conviction....
OPINION HERVEY , J. , delivered the opinion of the Court in which KELLER, P.J., KEASLER, ALCALA, RICHARDSON, YEARY, and NEWELL, JJ., joined. Dallas Carl Tate was convicted of possession of a controlled substance and was sentenced to two years' confinement. The court of appeals reversed his conviction, holding that there was insufficient evidence to prove that he intentionally or knowingly possessed the controlled substance in question. We will reverse the judgment of the court of appeals...
DO NOT PUBLISH ORDER PER CURIAM .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 convicted of capital murder and sentenced to life imprisonment. The Fifth Court of Appeals affirmed his conviction. Mozee v. State, No. 05-00-01260-CR (Tex. App.-Dallas Dec. 14, 2001) (not...
DO NOT PUBLISH ORDER PER CURIAM .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 convicted of capital murder and sentenced to life imprisonment. The Eighth Court of Appeals affirmed his conviction. Allen v. State, No. 08-00-00442-CR (Tex. App.-El Paso Jul. 11, 2002) (not...
Do not publish ORDER PER CURIAM . Relator has filed a motion for leave to file an application for a writ of mandamus pursuant to the original jurisdiction of this Court. This matter arises from a misdemeanor conviction, which Relator challenged by way of a post-conviction habeas application pursuant to Article 11.09 of the Texas Code of Criminal Procedure. After the trial court denied relief, Relator appealed to the Third Court of Appeals, which affirmed the trial court's decision....
OPINION Newell , J. , delivered the opinion of the Court in which Keller, P.J., and Meyers, Keasler, Hervey, Alcala, Richardson and Yeary, JJ., joined. We filed and set this application for an original writ of habeas corpus to consider whether an original writ of habeas corpus in this Court is the proper avenue for seeking an out-of-time petition for discretionary review (PDR) from a judgment imposing community supervision. We conclude that it is not. Relief must first be sought at the...
Newell , J. , delivered the opinion of the Court in which Keller, P.J., Johnson, Keasler, Hervey, Alcala, Richardson, and Yeary, JJ., joined. Mark Twain Simpson entered an open plea of guilty to second-degree felony robbery and true to an enhancement provision alleging one prior conviction for aggravated robbery. The trial court found Simpson guilty, and, after finding the allegations in the enhancement paragraph true, sentenced him to twenty-five years' confinement. Simpson filed a motion...
OPINION Keasler , J. , delivered the opinion of the Court, in which Keller, P.J., Johnson, Hervey, Alcala, Richardson, Yeary, and Newell, JJ., joined. At William Finley's bench trial, the judge convicted him for resisting arrest when opposing police attempts to handcuff him. The court of appeals found the evidence legally sufficient to support Finley's conviction. 1 We affirm its judgment because Finley used force "against" the officers in opposing his arrest as required by Penal Code...
Keller , P.J. , delivered the opinion of the Court as to Parts I, II.B.3, III and IV in which Keasler , Hervey , Alcala , Yeary and Newell , JJ. , joined and announced the judgment of the Court and filed an opinion as to the remainder of Part II in which Alcala and Yeary , JJ. , joined. This case arises from a governor's threat to exercise a veto and his ultimate exercise of that veto. Whether the State can prosecute the governor for these acts depends upon (1) whether...
