State highest court

Court of Criminal Appeals of Texas

The 40 most recent opinions analysed by LawDiver, newest first. Opening a case goes straight to the full opinion reader.

Recent opinions

Texas Crim.Alejandrez, Delfino

September 3, 2026

The Court granted the applicant's writ of habeas corpus, finding ineffective assistance of trial counsel under Strickland and setting aside the 16‑year sentence, remanding for a new punishment hearing; Justice Yeary, dissenting, argued that laches bars relief.

The Court held that the court of appeals properly considered Appellant’s preserved but unassigned indictment-notice claim on remand, because the prior remand did not resolve that distinct claim and the court of appeals retained broad authority to address remaining issues.

Texas Crim.Gonzalez, Mark Anthony

August 20, 2026

The court denied habeas relief on all seven claims arising from Applicant's capital-murder conviction and death sentence. It held Claim 1 procedurally barred, rejected the guilt-phase investigation and other ineffective-assistance claims on the merits, and concluded that any deficiency in the mitigation investigation…

Texas Crim.Chavez, Facundo v. the State of Texas

August 20, 2026

The court affirmed the capital-murder conviction and death sentence, rejecting challenges concerning jury selection, the defendant's absence from pretrial status hearings, excluded testimony, lesser-included-offense instructions, penalty-phase evidence, jury deliberations, a mistrial, mitigation instructions, and a…

The Court held that the Sixth Amendment's Confrontation Clause does not apply to a hearing on a motion to enter adjudication of guilt and revoke deferred-adjudication community supervision.

Texas Crim.Pablo Alfaro-Jimenez, Appellant v. the State of Texas

July 3, 2019577 S.W.3d 240

The Texas Court of Criminal Appeals reversed the conviction of Pablo Alfaro-Jimenez, holding that the State failed to prove that the counterfeit Social Security card was a "governmental record" as required by Texas Penal Code §§37.10(a)(4) and (a)(5).

Texas Crim.Joseph Kenneth Colone v. the State of Texas

May 8, 2019573 S.W.3d 249

The Texas Court of Criminal Appeals affirmed the trial court's judgment, rejecting the appellant's arguments on venue, a new‑trial motion, juror excusal, a Batson challenge, and the admission of aggravated‑robbery evidence.

Texas Crim.The State of Texas v. Juan Martinez, Jr.

March 20, 2019570 S.W.3d 278

The Court of Criminal Appeals of Texas affirmed the trial court’s grant of a motion to suppress evidence, holding that the State’s warrantless testing of Juan Martinez Jr.’s blood drawn for medical purposes violated the Fourth Amendment.

Texas Crim.William Rhomer v. the State of Texas

January 30, 2019569 S.W.3d 664

The Court affirmed the Court of Appeals' judgment, holding that the trial court did not abuse its discretion in admitting Detective Doyle's accident reconstruction testimony, that the Nenno reliability test was the proper standard, and that Doyle was qualified and his testimony reliable.

Texas Crim.Christian Vernon Sims, Appellant v. the State of Texas

January 16, 2019569 S.W.3d 634

The Texas Court of Criminal Appeals affirmed the lower court's denial of the appellant's motion to suppress, holding that suppression is not available under the Stored Communications Act or Article 18.21 unless the violation also breaches the Constitution, and that the appellant had no reasonable expectation of…

Texas Crim.Dondre Johnson v. the State of Texas

November 7, 2018560 S.W.3d 224

The Texas Court of Criminal Appeals held that the Fort Worth Court of Appeals erred in its legal sufficiency analysis and reversed the acquittals, finding the evidence sufficient to support Appellant's theft convictions on both counts.

Texas Crim.Roderick Beham v. the State of Texas

September 12, 2018559 S.W.3d 474

The Texas Court of Criminal Appeals reversed the Court of Appeals and held that the trial judge did not abuse discretion in admitting expert testimony that the defendant was "holding himself out" as a gang member, finding the evidence relevant to sentencing under Article 37.07 and Rule 401.

Texas Crim.Adrian Aaron Mendez, Jr. v. the State of Texas

April 25, 2018545 S.W.3d 548

The Court affirmed the First Court of Appeals, holding that a trial judge who sua sponte instructs the jury on self‑defense creates a duty to apply that instruction to all offenses, including lesser‑included offenses, and that failure to do so is reversible error reviewed under the egregious‑harm standard because the…

Texas Crim.Jamel McLelland Fowler v. the State of Texas

April 18, 2018544 S.W.3d 844

The Court of Criminal Appeals held that a video recording may be authenticated through circumstantial evidence without a witness who observed the scene, affirming the trial court's admission of the video.

Texas Crim.Albert Junior Febus v. the State of Texas

February 14, 2018542 S.W.3d 568

The Texas Court of Criminal Appeals affirmed Albert Junior Febus's conviction for failing to register as a sex offender, holding that the State need not prove a culpable mental state for the failure‑to‑register element and that a rational jury could find the essential elements beyond a reasonable doubt.

Texas Crim.Ernesto Lerma v. the State of Texas

January 24, 2018543 S.W.3d 184

The Court of Criminal Appeals reversed the Court of Appeals and held that Officer Salinas had reasonable suspicion to conduct a Terry frisk of passenger Ernesto Lerma and that the traffic stop was not unreasonably prolonged.

Texas Crim.Luis Miguel Hernandez v. the State of Texas

January 10, 2018538 S.W.3d 619

The Texas Court of Criminal Appeals reversed the Court of Appeals, holding that a defendant must preserve a claim of improper jury argument by objecting and pursuing the objection to an adverse ruling; failure to do so forfeits the error, even when the argument is highly inflammatory.

Texas Crim.Michael Wayne Bohannan v. the State of Texas

November 22, 2017546 S.W.3d 166

The Court affirmed the conviction of Michael Wayne Bohannan for violating a civil commitment order, holding that a conviction is valid even though the underlying commitment order was later reversed on appeal because the statutory offense is based on the defendant's status at the time of the violation, not on the…

Texas Crim.Dan Dale Burch, Appellant v. the State of Texas

November 15, 2017541 S.W.3d 816

The Texas Court of Criminal Appeals held that the trial court did not abuse its discretion in denying Dan Dale Burch's motion for a new trial and that Burch failed to demonstrate the prejudice required for ineffective assistance of counsel.

Texas Crim.Ex Parte Orian Lee Scott, Applicant

October 18, 2017541 S.W.3d 104

The Texas Court of Criminal Appeals denied Orian Lee Scott's habeas corpus application, holding that his counsel's performance at the punishment phase was not deficient and that his 100‑year sentence did not violate the Eighth Amendment. Accordingly, the court affirmed the lower court's denial of relief.

Texas Crim.Teodoro Miguel Hernandez v. the State of Texas

October 18, 2017556 S.W.3d 308

The Court of Criminal Appeals of Texas reversed the Court of Appeals' decision and reinstated Hernandez's conviction for aggravated assault with a deadly weapon. It held that the evidence was legally sufficient to support the conviction and that any variance between the indictment and the proof was immaterial.

Texas Crim.Elvis Elvis Ramirez-Tamayo v. the State of Texas

September 20, 2017537 S.W.3d 29

The Texas Court of Criminal Appeals reversed the Court of Appeals and reinstated the trial court’s conviction, holding that the deputy had reasonable suspicion to prolong the traffic stop based on the totality of circumstances and that the trial court’s implied findings on the officer’s training and experience were…

Texas Crim.Alvin Wesley Prine, Jr. v. the State of Texas

September 20, 2017537 S.W.3d 113

The Court of Criminal Appeals of Texas reversed the Court of Appeals and affirmed the trial court's conviction and sentence, holding that the record’s silence on counsel’s reasons means the presumption of reasonable strategy was not rebutted and therefore counsel did not provide ineffective assistance.

Texas Crim.Ex Parte Adam Wayne Ingram

June 28, 2017533 S.W.3d 887

The Court affirmed the lower courts, holding that (1) anti‑defensive issues are not cognizable in a pre‑trial habeas proceeding, (2) the statute’s definition of “minor” is not facially overbroad when “represents” is given its ordinary meaning, and (3) the statute does not violate the Dormant Commerce Clause.

Texas Crim.Jaime Villa, Appellant v. the State of Texas

March 22, 20172017 Tex. Crim. App. LEXIS 288

The Court of Criminal Appeals held that the evidence was legally sufficient to support Villa's conviction for engaging in organized criminal activity as a member of the Barrio Azteca street gang.

Texas Crim.Orlando Salinas, Appellant v. the State of Texas

March 8, 20172017 Tex. Crim. App. LEXIS 284

The Court held that Texas Local Government Code §133.102 is facially unconstitutional to the extent it allocates court‑cost fees to the "abused children’s counseling" and "comprehensive rehabilitation" accounts because those allocations violate the Texas Constitution’s separation‑of‑powers clause.

Texas Crim.Jeremy Thomas, Appellant v. the State of Texas

November 9, 20162016 Tex. Crim. App. LEXIS 1337

The Court of Criminal Appeals affirmed the First Court of Appeals' judgment, holding that the trial court's failure to read additional cross‑examination testimony under Article 36.28 was error but harmless, and that the error was properly preserved for review.

Texas Crim.Dewan Morgan, Appellant v. the State of Texas

September 28, 20162016 Tex. Crim. App. LEXIS 1129

The Court of Criminal Appeals held that the complainant, Regina Raglin, was the owner of the apartment because she possessed a greater right to possession than the appellant, and therefore the appellant entered without effective consent.

Texas Crim.Gregory Shawn Henley v. the State of Texas

June 29, 20162016 Tex. Crim. App. LEXIS 110

The Court of Criminal Appeals reversed the Second Court of Appeals and reinstated Gregory Shawn Henley's misdemeanor assault conviction, holding that the trial court did not abuse its discretion in excluding evidence offered to support a defense-of-third-person justification under Penal Code Section 9.33.

Texas Crim.Ronnie Leon Dabney v. the State of Texas

June 8, 20162016 Tex. Crim. App. LEXIS 91

The Court of Criminal Appeals of Texas reversed the Court of Appeals' decision and affirmed the trial court’s admission of extraneous‑offense evidence, holding that Rule 404(b) notice is not required for rebuttal evidence when the defense opens the door.

Texas Crim.In Re Roderick Harris, Relator

May 25, 20162016 Tex. Crim. App. LEXIS 86

The Court denied Roderick Harris's motion for leave to file a writ of prohibition and lifted the stays, holding that he lacked a clear right to relief because the trial judge's order was not a purely ministerial act. Justice Alcala, dissenting, would have allowed the application to be filed.

Texas Crim.Joe Dale Johnson v. the State of Texas

May 25, 20162016 Tex. Crim. App. LEXIS 83

The Court reversed the Court of Appeals, holding that the trial judge erred by excluding evidence of the victim’s past sexual abuse of his sister, which was admissible under Texas Rule of Evidence 412 and the Sixth Amendment Confrontation Clause.

Texas Crim.Joshua London, Appellant v. the State of Texas

May 18, 20162016 Tex. Crim. App. LEXIS 82

The Court held that the appellant was not required to raise his as‑applied Sixth Amendment challenge to mandatory court costs in the trial court because his first opportunity was on direct appeal, and that the existing record was sufficient to evaluate the challenge without a bill of exceptions, reversing and…

Texas Crim.The State of Texas v. Mark Twain Simpson, Appellee

April 27, 20162016 Tex. Crim. App. LEXIS 74

The Texas Court of Criminal Appeals affirmed the Dallas Court of Appeals' reversal of the trial court's grant of a new trial on the ground that the defendant's Eighth Amendment gross disproportionality claim was not substantiated by the record.

Texas Crim.Christopher Earl Darcy, Appellant v. the State of Texas

April 27, 20162016 Tex. Crim. App. LEXIS 78

The Court held that the appellant forfeited his Sixth Amendment and due‑process claims because he failed to preserve any objection to the admission of a note at trial; consequently the Court reversed the Court of Appeals and affirmed the trial court’s judgment.

Texas Crim.Jose Guadalupe Rodriguez Elizondo, Appellant v. the State of Texas

April 6, 20162016 Tex. Crim. App. LEXIS 70

The Court of Criminal Appeals of Texas reversed the Thirteenth Court of Appeals' affirmation of Jose Guadalupe Rodriguez Elizondo's murder conviction and remanded for a new trial because the trial court improperly gave a provocation instruction without sufficient evidence of all three Smith elements, and that error…

Texas Crim.Ex Parte James Richard "rick" Perry, Appellant

February 24, 20162016 Tex. Crim. App. LEXIS 43

The Court held that a pre‑trial habeas petition may raise an as‑applied separation‑of‑powers claim when the prosecution itself infringes the official’s constitutional power, reversing the appellate court on Count I and sustaining the dismissal of the coercion statute on Count II as facially overbroad; dissenting…

Texas Crim.Juan Blea, Appellant v. the State of Texas

February 10, 20162016 Tex. Crim. App. LEXIS 20

The Court held that the evidence was legally sufficient to establish serious bodily injury, reversing the Court of Appeals and reinstating the trial court's first‑degree aggravated assault conviction.

Texas Crim.Carl Wayne Buntion v. the State of Texas

January 27, 20162016 Tex. Crim. App. LEXIS 15

The Court unanimously affirmed Carl Wayne Buntion's death sentence, finding the evidence sufficient to support the jury's future‑dangerousness finding, rejecting challenges to juror competency, the denial of a change‑of‑venue motion, the denial of a motion to disqualify the district attorney, and the trial court's…