Court of Criminal Appeals

Plea found to be voluntary despite different drug

June 30, 2017 // 0 Comments

Shane Puckett, Volume 50 Articles Editor JUDGE KEASLER DELIVERED THE OPINION FOR THE COURT. The issue in this case was whether a defendant, who pleaded guilty to the delivery of cocaine, was entitled to habeas relief when subsequent laboratory tests confirmed that he actually delivered methamphetamine. In Ex parte Broussard, Broussard pleaded guilty to the delivery of cocaine. After entering into a plea agreement, subsequent laboratory tests revealed that Broussard possessed methamphetamine. [...]

Court of Criminal Appeals Update: Daniel v. State

April 29, 2016 // 0 Comments

Daniel v. State No. AP-77,034 Case Summary written by Luke Luttrell, Staff Member. JUDGE MEYERS delivered the opinion of the court. In February 2014, a jury convicted the appellant of the capital murder of a police officer—Jaime Padron—and the trial judge sentenced the appellant to death. Direct appeal to the Court of Criminal Appeals is automatic. Upon appeal, the appellant raised three points of error. In his first point of error, the appellant asserted that the evidence was insufficient [...]

Court of Criminal Appeals Update: Ex Parte Molina

April 28, 2016 // 0 Comments

Ex Parte Molina No. WR-83,799-01 Case Summary written by Eric Matthews, Staff Member. JUDGE YEARY delivered an opinion for the unanimous court. The trial court convicted Molina of aggravated robbery and sentenced him to 16 years’ confinement. The Fourteenth Court of Appeals affirmed his conviction. Molina then brought an application for writ of habeas corpus, claiming that he was not credited for the time he spent in jail prior to his conviction. Molina claimed he was entitled to a one-year [...]

Court of Criminal Appeals Update: Marshall v. State

April 27, 2016 // 0 Comments

Marshall v. State Nos. PD-0509-14 & PD-0510-14 Case Summary written by Kayla Hackerott, Staff Member. JUDGE KEASLER delivered the opinion of the court, joined by JUDGES JOHNSON, HERVEY, ALCALA, RICHARDSON, and NEWELL. JUDGE YEARY filed a concurring and dissenting opinion, jointed by JUDGE MEYERS, and jointed as to Part I only by PRESIDING JUDGE KELLER. PRESIDING JUDGE KELLER dissented. The facts were not in dispute in this case. On September 5, 2005, Marshall and his wife, Shawne, began [...]

Court of Criminal Appeals Update: Ex Parte Cox

April 26, 2016 // 0 Comments

Ex Parte Cox WR-42,794-05 Case Summary written by Katherine Mendiola, Staff Member. JUDGE JOHNSON delivered the opinion of the court. This case dealt with the third review of a defendant’s plea bargain in which he pled guilty to one count of possession of a controlled substance and no contest to the second count of possession with intent to manufacture a controlled substance. The defendant was found guilty on both counts and subsequently appealed. Initially, the court remanded the case for a [...]

Court of Criminal Appeals Update: Blea v. State

April 25, 2016 // 0 Comments

Blea v. State No. PD-0245-15 Case Summary written by Eric Clinton, Staff Member. JUDGE ALCALA delivered the opinion of the court. In July 2010, Juan Blea, the appellant, went to his parents’ apartment in order to visit his daughter and her mother. When he arrived, the appellant noticed a “hickey” on the mother’s neck. After being told that the mark came from another man the night before, appellant became angry and threatened to kill the mother and began to physically assault her. The [...]

Court of Criminal Appeals Update: In re Masterson

April 20, 2016 // 0 Comments

In re Masterson Nos. WR-59, 481-04 and WR-59, 481-05 Case summary written by Ashleigh Hammer, Staff Member. PER CURIAM. Richard Allen Masterson was found guilty of capital murder in April 2002. The jury subsequently sentenced Masterson to death, and this court affirmed his conviction and sentence on appeal. The court denied Masterson’s initial post conviction application for a writ of habeas corpus, and dismissed Masterson’s subsequent writ application. In December 2015, Masterson filed a [...]

Court of Criminal Appeals Update: Ex parte Robbins

April 14, 2016 // 0 Comments

Ex parte Robbins No. WR-73,484-02 Case Summary written by Andy Linn, Staff Member. PER CURIAM. In 1999, a jury found Neal Hampton Robbins guilty of capital murder of his girlfriend’s seventeen-month-old daughter. He was convicted and sentenced to life in prison. Robbins moved for a new trial, contending that the evidence was factually and legally insufficient to establish that the child’s death was a homicide, but the trial court denied his motion. On direct appeal, the court affirmed as to [...]

Court of Criminal Appeals Update: Buntion v. State

April 13, 2016 // 0 Comments

Buntion v. State NO. AP-76,769 Case Summary written by Keirsten Hamilton, Staff Member JUDGE BROWN delivered the unanimous opinion of the court. JUDGE HERVEY filed a concurring opinion in which JUDGE KEASLER and JUDGE NEWELL joined. JUDGE ALCALA filed a separate concurring opinion. In June 1990, James Irby, a motorcycle police officer, stopped a vehicle in which the appellant was a passenger. Officer Irby spoke with the driver outside the vehicle. At some point while the two individuals stood [...]

Court of Criminal Appeals Update: Fernandez v. State

April 12, 2016 // 0 Comments

Fernandez v. State PD-0123-15 Case Summary written by Jack Fulgham, Staff Member. PRESIDING JUDGE KELLER delivered the opinion of the court. JUDGE JOHNSON filed a concurring opinion. Issue: “Whether a public servant commits theft by deception when he purchases an airline ticket for county-approved travel with a county credit card but later uses the voucher resulting from the cancellation of the ticket for personal travel, without correcting the impression that the ticket would be used for [...]
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