Court of Criminal Appeals of Texas - June 2005 Opinion Summaries

Garland v. State of Texas

Criminal Law & Procedure, Sentencing
The Court of Appeals incorrectly held that defendant's negotiated plea of nolo contendere was involuntary and that his sentence was illegal.

Griffith v. State of Texas

Criminal Law & Procedure, Sentencing
Under Code of Criminal Procedure Article 42.12, section 9, a defendant may waive his right to a presentence investigation report during the initial...

Ex Parte McCurry

Criminal Law & Procedure, Habeas Corpus, Sentencing
Denial of habeas corpus relief to defendant is affirmed over his claim that his confinement to a private correctional facility as a condition of his...

Reyna v. State of Texas

Criminal Law & Procedure, Evidence
The trial judge's exclusion of appellant's evidence is affirmed where appellant, as the proponent of the evidence, was required to offer the evidence...

Saenz v. State of Texas

Constitutional Law, Criminal Law & Procedure
The Court of Appeals did not err in holding that defendant had been subjected to multiple punishments for the same offense, in violation of the Double...

Halprin v. State of Texas

Criminal Law & Procedure, Sentencing
Death row inmate raises nineteen meritless points of error on direct appeal.

Russeau v. State of Texas

Criminal Law & Procedure, Sentencing
In a capital murder case, defendant's punishment is remanded for a new punishment hearing under Texas Code of Criminal Procedure article 44.29(c).

Brother v. State of Texas

Criminal Law & Procedure, Evidence
Denial of defendant's motion to suppress is affirmed where the arresting officer 1) had reasonable suspicion to stop defendant's car, and 2) had...

State of Texas v. Aguilera

Criminal Law & Procedure, Sentencing
The trial court acted within its authority when it modified defendant's sentence only a few minutes after it had initially sentenced him.

Pickens v. State of Texas

Criminal Law & Procedure
If a defendant raises a factual dispute about whether evidence was illegally obtained, a Tex. Code Crim Proc. Art. 38.23 instruction must be included...