Third Court of Appeals Criminal Update February 2025

The following is a summary of selected criminal opinions issued by the Third Court of Appeals from June 2024. The summary is an overview; please review the entire opinions. The subsequent history is current as of January 6, 2024. JURY DELIBERATIONS ASSISTANCE OF COUNSEL: Appellate court could not conclude that def… To view the rest of this article, please log …

Third Court of Appeals Criminal Update December 2024/January 2025

The following is a summary of selected criminal opinions issued by the Third Court of Appeals from May 2024. The summary is an overview; please review the entire opinions. The subsequent history is current as of November 5, 2024. EVIDENCE ADMISSIBILITY — Prior abuse allegations and testimony as to truthfulness. Trial court did not abuse its discretion by prohibiting cross-examination …

Third Court of Appeals Criminal Update November 2024

The following is a summary of selected criminal opinions issued by the Third Court of Appeals from April 2024. The summary is an overview; please review the entire opinions. The subsequent history is current as of October 3, 2024. EVIDENTIARY SUFFICIENCY – Proving Defendant’s Identity in Probation-Revocation Proceedings. Evidence was sufficient to prove that Defendant who violated probation was the …

Third Court of Appeals Criminal Update October 2024

The following is a summary of selected criminal opinions issued by the Third Court of Appeals from February 2024.  The summary is an overview; please review the entire opinions.  The subsequent history is current as of Sept. 5, 2024. LESSER-INCLUDED OFFENSES: Assault on a public servant vs. resisting arrest. Resisting arrest was not a lesser-included offense of assault on a …

Third Court of Appeals Criminal Update September 2024

The following is a summary of a selected criminal opinion issued by the Third Court of Appeals in January 2024. The summary is an overview; please review the entire opinion. Subsequent history is current as of Aug. 6, 2024. TRIAL TESTIMONY — LICENSING STATUS OF WITNESS, RELIABILITY OF WITNESS, RELIABILITY OF OUTCRY WITNESSS, AND “BACKDOOR HEARSAY”: Trial court did not …

Third Court of Appeals Criminal Update July/August 2024

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 …

Third Court of Appeals Criminal Update June 2024

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 …

Third Court of Appeals Criminal Update May 2024

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 court did not abuse its discretion by prohibiting defense counsel from …

Third Court of Appeals Criminal Update

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 …

Third Court of Appeals Criminal Update March 2024

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 …