Criminal Cases
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Criminal

Texas Court of Appeals, Seventh District (Amarillo)
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Nichols v. State — Threats Relayed Through Crisis Negotiators Satisfy Aggravated Assault on Public Servant; Felony Deadly Conduct Is Not a Lesser-Included Offense When Indictment Charges Exhibiting, Not Discharging, a Weapon

The Seventh Court of Appeals affirmed a fifteen-year conviction for aggravated assault on a public servant, holding that threats relayed through crisis negotiators to officers on scene satisfy the statute, and that felony deadly conduct is not a lesser-included offense of aggravated assault by threat where the indictment charges only exhibiting — not discharging — a weapon. The court modified the judgment to delete an attorney’s fees provision entered without the required finding of financial resources.

Texas Court of Appeals, Eighth District (El Paso)
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Johnson v. State — Post-Conviction DNA Retesting Denied Where Law-of-Parties Conviction Leaves Third-Party DNA Non-Exculpatory

The Eighth Court of Appeals affirmed denial of a second post-conviction DNA testing motion in a capital murder case, holding that Chapter 64 does not permit comparison of a DNA specimen to a specific named individual, and that third-party DNA on the murder weapon is not exculpatory where the defendant was convicted under a law-of-parties theory and substantial evidence of guilt exists independent of the DNA.

Court of Appeals of South Carolina
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State v. Barry W. Jones — Armed Return After “Kill” Text Defeats Stand Your Ground Immunity; Suicide Attempt Evidence Properly Admitted

The South Carolina Court of Appeals affirmed a murder conviction, holding that the defendant’s decision to return to the confrontation site while armed — minutes after texting “I’m gonna kill that BBoy” — defeated Stand Your Ground immunity under the Protection of Persons and Property Act; suicide attempt evidence was properly admitted under the Cartwright framework; and the self-defense jury charge adequately covered the law.

Texas Court of Appeals, Seventh District (Amarillo)
Uncategorized

McGruder v. State — Defendant Who Refused Court-Ordered Sanity Evaluation Cannot Complain of Its Denial on Appeal

The Seventh Court of Appeals affirmed convictions after holding that a defendant who refuses a court-ordered sanity evaluation waives any right to such an evaluation and cannot complain on appeal of its denial, and that a December 2022 incompetency finding was legally irrelevant to the separate question of the defendant’s sanity at the time of the offenses.

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