The following is a summary of a selected criminal opinion issued by the Third Court of Appeals in December 2023. The summary is an overview; please review the entire opinion. The subsequent history is current as of June 3, 2024. AGGRAVATED ROBBERY—EVIDENTIARY SUFFICIENCY AND LESSER-INCLUDED OFFENSE: Evidence was sufficient to prove that defendant committed aggravated robbery, and defendant was not …
The following are summaries of selected criminal opinions issued by the Third Court of Appeals in November 2023. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. Subsequent histories are current as of May 1, 2024. EVIDENCE ADMISSIBILITY – PENDING LAWSUITS FILED BY DEFENDANT: Trial court did not abuse its discretion in admitting evidence …
The following are summaries of selected criminal opinions issued by the Third Court of Appeals in October 2023. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. Subsequent histories are current as of April 1, 2024. BURDEN OF PROOF – DUE DILIGENCE: Trial co… To view the rest of this article, please log into …
The following are summaries of selected criminal opinions issued by the Third Court of Appeals from August 2023. The summaries are overviews; please review the entire opinions. Subsequent histories are current as of March 1, 2024. DEFENSIVE INSTRUCTIONS – CONSENT: Trial court did not err in failing to include additional factual detail in defensive instructions. Poncio v. State, No. 03-22-00292-CR …
The following are summaries of selected criminal opinions issued by the Third Court of Appeals from August 2023. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. The subsequent history is current as of Feb. 1, 2024. DEFENSIVE ISSUES—MISTAKE OF FACT: In prosecution for failure to stop and render aid, defendant was entitled to …
The following are summaries of selected criminal opinions issued by the Third Court of Appeals from July 2023. The summaries are overviews; please review the entire opinions. Subsequent histories are current as of Jan. 3, 2024. JURISDICTION—APPEALABLE ORDERS BY THE STATE: Appellate court lacked jurisdiction to review trial court order granting in part defendant’s motion in limine. State v. Nassour, …
The following are summaries of selected criminal opinions issued by the Third Court of Appeals from June 2023. The summaries are overviews; please review the entire opinions. Subsequent histories are current as of Nov. 1, 2023. POLICE INTERROGATIONS – TRANSLATION ISSUES: Trial court did not abuse its discretion by admitting police-interrogation video over defense objections regarding the accuracy and constitutional …
The following is a summary of a selected criminal opinion issued by the Third Court of Appeals from May 2023. The summary is an overview; please review the entire opinion. The subsequent history is current as of Oct. 1, 2023. PUNISHMENT ENHANCEMENTS – OUT-OF-STATE CONVICTIONS: Enhancement of defendant’s sentence using out-of-state conviction was legal. Smith v. State, No. 03-21-00368-CR (Tex. App.—Austin May …
The following are summaries of selected criminal opinions issued by the Third Court of Appeals from April 2023. The summaries are overviews; please review the entire opinions. The subsequent history is current as of Sept. 5, 2023. EVIDENTIARY SUFFICIENCY – DRUG POSSESSION: Evidence was sufficient to prove that defendant possessed methamphetamine. Sumrall v. State, No. 03-21-00402-CR (Tex. App.—Austin Apr. 6, …
Competency to stand trial – Trial court did not err by failing to sua sponte convene an informal inquiry into whether defendant was competent to stand trial. Vaughan v. State, No. 03-22-00038-CR (Tex. App.—Austin Mar. 30, 2023, no pet.) (mem. op., not designated for publication). Vaughan spit on a detention officer while in jail and was charged with the offense …