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Court of Criminal Appeals of Texas - April 2009 Opinion Summaries

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Hardy v. State

Court of Criminal Appeals of Texas
Criminal Law & Procedure
Defendants' criminal trespass convictions are reversed, where Tex. Penal Code section 42.03(b) requires the potential obstruction of a highway, and...
04/22/2009 PD-608-08

Mays v. State

Court of Criminal Appeals of Texas
Criminal Law & Procedure, Evidence
In a murder prosecution, the Court of Appeals' holding that Defendant proffered sufficient evidence of his diminished capacity to preserve the issue...
04/22/2009 PD-0670-07

Karenev v. State

Court of Criminal Appeals of Texas
Criminal Law & Procedure
In a criminal harassment prosecution, the Court of Appeals' holding that the Texas harassment statute is unconstitutionally vague is reversed, where a...
04/22/2009 PD-0822-08

Vennus v. State

Court of Criminal Appeals of Texas
Criminal Law & Procedure
Defendant's drug conviction is affirmed, where the invited-error doctrine precluded Defendant from appealing on the ground that the government failed...
04/22/2009 PD-1540-07

Ex Parte Hathorn

Court of Criminal Appeals of Texas
Criminal Law & Procedure
Defendant's death sentence is remanded for a new penalty phase, where the Supreme Court decided Penry v. Lynaugh, 492 U.S. 302 (1989), after his...
04/08/2009 AP-75917

Hammer v. State

Court of Criminal Appeals of Texas
Criminal Law & Procedure
Defendant's indecency with a child conviction is reversed, where the trial court abused its discretion by preventing Defendant from cross-examining...
04/08/2009 PD-0786-08

Pena v. State

Court of Criminal Appeals of Texas
Criminal Law & Procedure
Defendant's drug conviction is affirmed, where Defendant objected to the admission of lab test reports because the State destroyed the substance...
04/08/2009 PD-1411-07

Hayden v. State

Court of Criminal Appeals of Texas
Criminal Law & Procedure
Defendant's murder conviction is affirmed, where the trial court properly excluded evidence during the penalty phase that the victim was a sex...
04/08/2009 PD-0860-07

Terrell v. State

Court of Criminal Appeals of Texas
Criminal Law & Procedure
Defendant's indecent exposure conviction is vacated, where the Court of Appeals erred by failing to determine whether Defendant preserved his due...
04/08/2009 PD-0922-07

Gamboa v. State

Court of Criminal Appeals of Texas
Criminal Law & Procedure
Defendant's capital murder conviction is affirmed, where: 1) the evidence was sufficient based on witness statements, DNA and fingerprint evidence; 2)...
04/08/2009 AP-75635

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