Texas Court of Criminal Appeals Decisions 2023

JOHNSON v. STATE OF TEXAS (original by presiding judge keller)
Date: December 20, 2023
Docket Number: PD-0055-23
JOHNSON v. STATE OF TEXAS (original by presiding judge keller)  
Date: December 20, 2023
Docket Number: PD-0056-23

Justia Opinion Summary: In Bowie County, Texas, Zimbabwe Raymond Johnson was involved in a car accident where he collided with a utility pole and an antique truck. He continued to drive away from the scene until his vehicle was no longer…

JOHNSON, ZIMBABWE RAYMOND (dissenting by judge newell)
Date: December 20, 2023
Docket Number: PD-0056-23
REED V. STATE OF TEXAS (original by judge walker)  
Date: December 20, 2023
Docket Number: PD-0918-20

Justia Opinion Summary: A Texas man, Brian Christopher Reed, was charged with sexual assault for allegedly penetrating the victim's sexual organ with his own without her consent. At trial, the jury convicted him of a lesser-included offense of…

FLORES v. THE STATE OF TEXAS (original by judge hervey)  
Date: December 13, 2023
Docket Number: PD-0562-22

Justia Opinion Summary: In this case, the appellant, Roberto Medina Flores, was convicted of second-degree felony sexual assault and later filed a motion for a new trial. The trial court had 75 days to rule on the motion, but due to the…

Ex parte Couch, Hammons (original by judge keel)  
Date: October 25, 2023
Docket Number: PD-0422-22

Justia Opinion Summary: The Appellants in consolidated cases filed pretrial writs of habeas corpus challenging the facial constitutionality of portions of the statutes they were charged under. The Texas Court of Criminal Appeals granted review…

In re University of Texas Medical Branch-Galveston (original by judge newell)  
Date: October 18, 2023
Docket Number: WR-91,715-01

Justia Opinion Summary: The Office of Capital and Forensic Writs (OCFW) sought and received two sealed ex parte orders from the District Court of Jones County on behalf of Real Party in Interest, Dillion Compton. One order compelled Relator…

De La Rosa v. Texas (original by judge keel)  
Date: October 4, 2023
Docket Numbers: PD-0197-22, PD-0198-22, PD-0199-22

Justia Opinion Summary: Appellant Francisco De la Rosa was tried by jury for the non-consensual sexual assault and sexual assault of a child. The body of Appellant’s indictment charged him with three counts of sexual assault for non-consensual…

McPherson v. Texas (original by judge keel)  
Date: September 27, 2023
Docket Number: PD-0635-22

Justia Opinion Summary: Appellant DeSean McPherson was convicted of tampering, but the court of appeals agreed with him that the evidence of concealment was legally insufficient. The Texas Court of Criminal Appeals granted review to decide…

Ex parte Lucas Vieira (original by presiding judge keller)  
Date: September 27, 2023
Docket Number: PD-0690-22

Justia Opinion Summary: In July 2021, Appellant Lucas Vieira was indicted for aggravated assault by threat while acting as a public servant. The indictment alleged that the offense occurred on or about July 7, 2019. Appellant filed a pretrial…

Ex parte Areli Escobar (original by presiding judge keller)  
Date: September 27, 2023
Docket Number: WR-81,574-02

Justia Opinion Summary: The United States Supreme Court remanded this case to the Texas Court of Criminal Appeals to reconsider Applicant Areli Escobar’s false-testimony claim in light of the State’s confession of error. After receiving a…

Continental Heritage Ins. Co. (original by presiding judge keller)  
Date: September 20, 2023
Docket Number: PD-0018-23

Justia Opinion Summary: Darrell David was indicted for unlawful possession of a firearm by a felon. David failed to appear at a trial setting, and a judgment nisi was entered for the forfeiture of a $10,000 bond. A final judgment of forfeiture…

Huggins v. Texas (original by judge keel)  
Date: September 6, 2023
Docket Number: PD-0590-21

Justia Opinion Summary: Appellant Noel Huggins pled pro se guilty to possession of methamphetamine and was sentenced by the trial court to 18 years in prison. The Texas Court of Criminal Appeal granted review to decide whether his right to…

Green v. Texas (original by judge slaughter)  
Date: June 28, 2023
Docket Number: PD-0008-22

Justia Opinion Summary: In 2017, after Maria Delcarman Sosa-Esparza was indicted for a felony offense, she entered into a bail bond agreement with Appellant Maxie Green, doing business as A to Z Bail Bonds. Appellant paid a $25,000 bond so that…

King v. Texas (original by judge mcclure iii)  
Date: June 28, 2023
Docket Number: PD-0330-22

Justia Opinion Summary: On April 19, 2018 in Forth Worth, Appellant Terry King assaulted a twelve-year-old girl who was on her way to the school bus. At all times relevant to this case, Appellant was working as a truck driver, operating a…

Ex parte Rodney Reed (original by judge mcclure iii)  
Date: June 28, 2023
Docket Number: WR-50,961-10

Justia Opinion Summary: In 1998, applicant Rodney Reed was convicted by jury of the capital murder of nineteen-year-old Stacey Lee Stites. The indictment alleged that in April 1996, Reed strangled Stacey to death in the course of committing or…

Ex parte Danny Lane (original by judge slaughter)  
Date: June 28, 2023
Docket Number: WR-90,084-01

Justia Opinion Summary: In an application for a post-conviction writ of habeas corpus, Applicant Danny Lane challenged his 2007 conviction for failing to comply with sex-offender-registration requirements on five grounds: (1) actual innocence;…

Ex parte Sheffield (original by judge walker)  
Date: June 21, 2023
Docket Number: PD-1102-20

Justia Opinion Summary: Appellant Kevin Sheffield couldn't make bond and was placed into custody August 2019. While there, Appellant filed several pro se documents with the trial court even though he had appointed counsel. In his first letter,…

In re Texas, ex rel. Wice (original by judge richardson)  
Date: June 14, 2023
Docket Number: WR-93,089-01

Justia Opinion Summary: Judge George Gallagher, elected judge for the 396th District Court in the Eighth Administrative Judicial Region of Texas, was specifically assigned by Presiding Judge Mary Murphy of the First Administrative Judicial…

Taylor v. Texas (original per curiam)  
Date: May 17, 2023
Docket Number: PD-0660-22

Justia Opinion Summary: Appellant Lance Taylor was convicted of murder and tampering with evidence. On appeal, he complained that he was denied his right to a speedy trial. The Court of Appeals found that it was unable to review the issue “as…

Ex parte Moon (original by judge yeary)  
Date: May 3, 2023
Docket Number: PD-0302-22

Justia Opinion Summary: After Appellant Cameron Moon was certified in juvenile court to stand trial as an adult, the juvenile court ordered his case transferred to the district court for adult criminal proceedings. Appellant then filed a…

Massey v. Texas (original by judge yeary)  
Date: April 26, 2023
Docket Number: PD-0170-22

Justia Opinion Summary: After legally detaining Appellant James Massey for lack of a proper registration sticker on his truck, an officer conducted an investigative pat-down search of Appellant. When Appellant forcefully resisted that search,…

Hart v. Texas (original by judge slaughter)  
Date: April 26, 2023
Docket Number: PD-0795-21

Justia Opinion Summary: Ronald Ray, the victim in this case, was engaged in a tumultuous, on-again-off-again relationship with Appellant Robert Hart’s adult daughter, Stephanie. According to Stephanie, the relationship was one filled with…

Texas v. Torres (original by judge yeary)  
Date: April 19, 2023
Docket Number: PD-0018-22

Justia Opinion Summary: When Appellee Sebastian Torres was sixteen years old, he was brought before a magistrate and read his statutory Miranda warnings. Pursuant to Texas Family Code Section 51.095(f), the magistrate requested that law…

Chavez v. Texas (original by judge hervey)  
Date: April 19, 2023
Docket Number: PD-0759-21

Justia Opinion Summary: Appellant Jose Chavez was tried for capital murder based on the law of parties, but requested lesser-included offense (LIO) instructions on kidnapping and felony murder. The trial court did not submit the instructions,…

Allison v. Texas (original by judge mcclure iii)  
Date: April 19, 2023
Docket Number: PD-0905-21

Justia Opinion Summary: In 2016, complainant Jose Jimenez was home alone playing video games and smoking marijuana when someone knocked on the door and asked for William Benicaso. Benicaso lived at the house with Jimenez and sold marijuana.…

Compton v. Texas (original by judge slaughter)  
Date: April 12, 2023
Docket Number: AP-77,087

Justia Opinion Summary: A jury convicted Appellant Dillion Compton of capital murder. Based on the jury’s answers to the special issues set forth in Texas Code of Criminal Procedure Article 37.071, Sections 2(b) and 2(e), the trial court…

Mosley v. Texas (original by judge hervey)  
Date: April 12, 2023
Docket Number: AP-77,094

Justia Opinion Summary: In November 2019, a jury convicted Appellant Dameon Mosley of capital murder for fatally shooting gas station employee Billy Stacks in the course of committing or attempting to commit a robbery. Based on the jury’s…

Texas v. Espinosa (original by judge hervey)  
Date: April 12, 2023
Docket Number: PD-0276-22

Justia Opinion Summary: Appellee Jennifer Espinosa was found in her parked vehicle in a school pickup line at an elementary school just before school was dismissed. The engine was running, and she was asleep at the wheel. It was later…

Ruffins v. Texas (original by judge mcclure iii)  
Date: March 29, 2023
Docket Number: PD-0862-20

Justia Opinion Summary: Appellant Anthony Ruffins was convicted by jury of aggravated robbery. He was sentenced to life. With respect to the testimony of an accomplice in fact, the trial court instructed the jury that it had to find an…

Ex parte Lozoya (original by judge hervey)  
Date: March 29, 2023
Docket Number: WR-92,475-01

Justia Opinion Summary: Applicant Mathew Lozoya pled guilty to two counts of third-degree felony obtaining a controlled substance by fraud. Applicant pled guilty to two counts in a plea bargain; the State abandoned two. The State agreed to…

Sledge v. Texas (original by judge mcclure iii)  
Date: March 8, 2023
Docket Numbers: PD-0065-22, PD-0066-22, PD-067-22

Justia Opinion Summary: The Texas Court of Criminal Appeals found the trial court record was void of explanation for the trial court’s decision to grant Appellant Donnell Sledge’s motion for new trial and because the language “contrary to the…

Igboji v. Texas (original by judge newell)  
Date: March 8, 2023
Docket Number: PD-0936-20

Justia Opinion Summary: Appellant Jerel Igboji worked at a Kentucky Fried Chicken in Stafford, Texas. Shortly after the restaurant closed for the night on December 10, 2015, two armed men entered the restaurant through an unsecured back door.…

King v. Texas (original by presiding judge keller)  
Date: February 22, 2023
Docket Number: PD-1003-20

Justia Opinion Summary: Appellant Justin King was charged with evading arrest or detention with a motor vehicle and with theft of a firearm. The trial court held a pre-trial hearing on Appellant’s motion in limine regarding punishment evidence.…

Edwards v. Texas (original by judge slaughter)  
Date: February 15, 2023
Docket Number: PD-0585-21

Justia Opinion Summary: Baby L.B. was born in 2017 to her mother, Appellant Danielle Edwards, and her father, Morris Branton. At some point, Child Protective Services (“CPS”) opened an investigation into Appellant for suspected child abuse.…

In re City of Lubbock (original by judge newell)  
Date: February 8, 2023
Docket Number: WR-93,137-01

Justia Opinion Summary: The Lubbock County Criminal District Attorney charged the Real Party in Interest, Rodolfo Zambrano, with the sexual assault of a child. The Real Party in Interest filed a pre-trial “Ex Parte Motion for Court Ordered…

In re K. Sunshine Stank, Lubbock County Dist. Atty. (original by judge newell)  
Date: February 8, 2023
Docket Number: WR-93,160-01

Justia Opinion Summary: Relator, Lubbock County District Attorney K. Sunshine Stanek, sought mandamus relief without first having sought the same relief from the Court of Appeals. Relator did not learn of this case until after the court of…

Ex parte Jaime Covarrubias (original by presiding judge keller)  
Date: January 25, 2023
Docket Number: WR-82,509-03

Justia Opinion Summary: Applicant Jaime Covarrubias was convicted in 2000 of capital murder and sentenced to life in prison for killing his one-time girlfriend, Erica Estrada, and her father, Enrique Estrada. He filed a habeas application in…

Lira v. Texas (original by judge newell)  
Date: January 11, 2023
Docket Numbers: PD-0212-21, PD-0213-21

Justia Opinion Summary: The State charged Appellants with second-degree felony assault on a public servant. The State alleged in Eluid Lira’s indictment that he had previously been convicted twice for felony possession of a controlled substance…

Garcia v. Texas (original by judge slaughter)  
Date: January 11, 2023
Docket Number: PD-0679-21

Justia Opinion Summary: Appellant Vital Garcia was convicted by jury of first-degree aggravated assault on a family member resulting in serious bodily injury for shooting his then- girlfriend with a firearm. The question presented for the Texas…

Texas v. Hatter (original by judge walker)  
Date: January 11, 2023
Docket Number: PD-0823-21

Justia Opinion Summary: Appellee Sanitha Hatter was charged with felony assault against a peace officer, and two misdemeanor cases of driving while intoxicated (DWI). The felony prosecutor and defense counsel on the assault case reached an…

Dunham v. Texas (original by judge richardson)  
Date: January 11, 2023
Docket Number: PD-0831-18

Justia Opinion Summary: Appellant Mark Dunham, was a door-to-door salesman for Capital Connect. On or about June 15, 2016, Appellant rang the doorbell of Eloise Moody, an 81- year-old lady recently widowed and diagnosed with cancer. When Moody…

Cook v. Texas (original by judge mcclure iii)  
Date: January 11, 2023
Docket Numbers: PD-0850-21, PD-0853-21, PD-0854-21

Justia Opinion Summary: Appellant Kennie Cook, Jr. was convicted of aggravated sexual assault of a child. He argued on appeal the trial court erred in admitting an officer's direct opinion on the complainant’s credibility, which he contended,…

Ex parte Aaron Mathews (original by presiding judge keller)  
Date: January 11, 2023
Docket Number: WR-91,731-01

Justia Opinion Summary: The Texas Court of Criminal Appeals granted review to address whether the requirements for the inference of falsity that this Court adopted in Ex parte Coty, 418 S.W.3d 597 (Tex. Crim. App. 2014) should apply in cases…

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