KELLER, P.J., delivered the order of the Court. Applicant was convicted of capital murder and sentenced to death for killing a mother and her baby. 1 We affirmed his conviction and sentence on direct appeal. 2 In his second point of error on direct appeal, applicant complained about the submission of transferred intent instructions in the jury charge and contended that the law of transferred intent did not apply to his case. 3 We rejected that contention. 4 In Roberts v. State, we...
OPINION JOHNSON, J., delivered the opinion for a unanimous Court. Appellant asserted on appeal that, because of his trial counsel's ineffective assistance, he was denied an opportunity to be placed on deferred-adjudication community supervision. The court of appeals agreed and sustained that complaint. We reverse and remand. A fight broke out at a New Year's Eve party at a local night club known as the "Expo." During the fracas, appellant was "pretty badly" beaten by a group of men....
OPINION PRICE, J., delivered the opinion for a unanimous Court. The appellant was convicted of possession with intent to deliver a controlled substance, namely cocaine, in the amount of 200 grams or more but less than 400 grams, 1 and the jury sentenced him to twenty years in prison with a $10,000 fine. In an unpublished opinion, the Texarkana Court of Appeals reversed his conviction, finding that, although the trial court did not abuse its discretion in denying the appellant's motion to...
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 these applications for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824 , 826 (Tex.Crim.App. 1967). In cause number 06-CR-0405-G, Applicant was convicted of aggravated sexual assault of a child, sexual performance by a child, and two counts of possession of child pornography. He was sentenced to imprisonment for ten years on...
OPINION ALCALA, J., delivered the opinion of the Court, in which MEYERS, JOHNSON, HERVEY, and COCHRAN, JJ., joined. In this second petition for discretionary review filed by appellant, Wilton Larron Mahaffey, we determine that the court of appeals erred by holding that a driver must signal a lane change when his lane merges with another lane. 1 Mahaffey v. State, No. 12-08-00430-CR, 2010 WL 4348347, 2010 Tex.App. LEXIS 8771 (Tex. App.-Tyler Nov. 3, 2010) (not designated for publication),...
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 the trial judge denied his motion to suppress methamphetamine found during a traffic stop, appellant pled guilty to its possession pursuant to a plea bargain. He then appealed the trial judge's suppression ruling. The court of appeals reversed, finding that the officer lacked reasonable suspicion to continue to detain appellant until a drug...
PRICE, J., delivered the opinion of the Court in which KELLER, P.J., and WOMACK, JOHNSON, KEASLER, HERVEY, COCHRAN, and ALCALA, JJ., joined. A jury found the appellee guilty of manslaughter, 1 made an affirmative finding that he used a deadly weapon, 2 and assessed his punishment at twenty years in prison. The Texarkana Court of Appeals affirmed the conviction, and we refused the appellee's petition for discretionary review. Four years later, the appellee filed a motion for DNA testing of...
