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· 7/21/2011

Rogelio Delacerda v. State

Citations

  • 425 S.W.3d 367
  • 2011 WL 2931189
  • 2011 Tex. App. LEXIS 5558

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that venire member can be challenged for cause if she “has a bias or prejudice against any phase of the law upon which the State is entitled to rely” for conviction or punishment
  • holding that a witness’s statement, made during a photospread identification, that the person he saw was “in the back of the truck and not [ ] the shooter” was admissible as a statement of identification under Rule 801(e)(1)(C)
  • noting that the appellant voluntarily went with officers into police station to homicide division office for questioning and merely being questioned at stationhouse, by itself, does not constitute custody
  • neither presence at scene, nor failure to disclose knowledge of planned offense, nor concealing offense “turn a witness into an accomplice witness”
  • after court presumed trial court erred in charging jury on doctrine of transferred intent, defendant could not demonstrate “the result of the trial would have been different”
  • “A trial court has no duty to instruct the jury that a witness is an accomplice witness as a 23 matter of law ‘unless there exists no doubt that the witness is an accomplice.’”

Source: CourtListener parenthetical corpus (CC0).

Judges: Keyes, Sharp, Massengale

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.