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TIBA’s G&S Texas Criminal Law Report |
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In this week’s (see G&S, Vol. 18, No. 34; 09/06/10) report . . .
Court of Criminal Appeals
The Court is on Vacation - No Opinions Delivered
Sutton v. State (02-09-0120-CR)(TIBA’s Case of the Week) - Despite the fact that she was seen naked and without a weapon before the police entered, and answered the door naked and without a weapon, the evidence to sustain the defendant’s conviction for possession of a weapon is sufficient.
Hurd v. State (02-09-0226-CR) - Even though the jury did not have to answer a special issue on the use of a deadly weapon, the trial court did not err by inserting deadly weapon finding into the judgment because the jury found the defendant guilty as alleged in the indictment.
Hartsock v. State (02-09-0305-CR) - Trial court did not err in admitting video demonstrating how HGN test works.
Hill v. State (07-09-0323-CR) - Trial court did not err by failing to sua sponte stop the punishment hearing to order a psychiatric examination for purposes of an insanity defense
Sikalasinh v. State (07-09-0301-CR to 07-09-0306-CR) - Trial court erred by assessing attorneys fees and witness fees as court costs.
Bolen v. State (07-10-0102-CR) - Trial court did not err by admitting testimony of Intoxilyzer operator or by excluding the defendant’s proffered evidence that one of the pupils of his eyes is bigger than the other.
Cosio v. State (13-08-0189-CR) - The defendant was egregiously harmed by trial court’s failure to properly instruct the jury on the need for a unanimous decision.
Green v. State (14-09-0338-CR) - Evidence that the defendant failed to timely notify the authorities about a change his address, in violation of sex offender registration requirements, is factually insufficient.