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Court of Criminal Appeals of Texas - November 2006 Opinion Summaries

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Ex parte Amezquita

Court of Criminal Appeals of Texas
Criminal Law & Procedure, Evidence, Habeas Corpus
An application for habeas relief in an aggravated assault case is granted where applicant's counsel performed deficiently by failing to investigate...
11/29/2006 75,383

Smith v. State of Texas

Court of Criminal Appeals of Texas
Criminal Law & Procedure, Evidence
The failure to sign a search warrant affidavit does not, by itself, invalidate the warrant if other evidence proves that the affiant personally swore...
11/29/2006 1814-05

Ex parte Delaney

Court of Criminal Appeals of Texas
Criminal Law & Procedure, Sentencing
In order for a pretrial or presentencing waiver of the right to appeal to be binding at the punishment phase of trial, the waiver must be voluntary,...
11/29/2006 75,291

Ex parte Chavez

Court of Criminal Appeals of Texas
Criminal Law & Procedure, Evidence, Habeas Corpus, Sentencing
An application for writ of habeas corpus from a conviction for aggravated robbery is denied where, on the facts presented in the application, a new...
11/29/2006 75,245

Schiffert v. State of Texas

Court of Criminal Appeals of Texas
Criminal Law & Procedure
A court of appeals decision reversing a conviction and sentence for murder based on a claim of factual insufficiency is vacated and remanded for...
11/29/2006 0083-05

State of Texas v. Cowsert

Court of Criminal Appeals of Texas
Criminal Law & Procedure, Evidence
A court of appeals' decision reversing trial court's suppression of evidence of defendant's breath test in a DWI case is reversed where, regardless of...
11/15/2006 0812-05

Barrow v. State of Texas

Court of Criminal Appeals of Texas
Constitutional Law, Criminal Law & Procedure, Sentencing
Sentences for two counts of sexual assault of a child, arising from the same incident, are affirmed where: 1) under Apprendi v. New Jersey and its...
11/15/2006 0194-05

Aranda v. Dist. Clerk, Gaines County

Court of Criminal Appeals of Texas
Criminal Law & Procedure, Habeas Corpus
Upon application for a writ of mandamus contending that a county district clerk refused to file his application for a writ of habeas corpus, relief is...
11/15/2006 75,548

McKinney v. State of Texas

Court of Criminal Appeals of Texas
Criminal Law & Procedure, Evidence
The estoppel rule, as it pertains to instructions on lesser-included offenses, will not be applied to all criminal cases where the legal sufficiency...
11/15/2006 0594-05, 0595-05, 0596-05

Ex parte Medellin

Court of Criminal Appeals of Texas
Criminal Law & Procedure, Habeas Corpus, International Law
The International Court of Justice Avena decision and the President's memorandum directing state courts to give effect to Avena, do not require ...
11/15/2006 75,207

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