Summaries of Civil Opinions and Published Criminal Opinions Issued – Week of June 13, 2011

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions (PDF version) can be accessed by clicking the cause number.

Smith v. State,   No. 02-09-00394-CR   (June 16, 2011)   (Gardner, J., joined by Walker and Gabriel, JJ.).

Held:   Sufficient evidence supports Appellant's conviction for assault, the trial court did not err by excluding evidence allegedly showing the complainant's motive or bias, and the trial court did not err by refusing to submit a jury instruction on the defense of confinement because the defense was not raised by the evidence.

Miles v. State,   Nos. 02-09-00368-CR,   02-09-00369-CR,    (June 16, 2011)   (Gardner, J., joined by Walker and Gabriel, JJ.).

Held:   Appellate review of an order revoking deferred adjudication community supervision is limited to determining whether the trial court abused its discretion, and legal and factual sufficiency challenges under Jackson v. Virginia and Clewis v. State are not appropriate. Viewing the evidence in the light most favorable to the trial court's ruling, the trial court did not abuse its discretion by revoking Appellant's deferred adjudication community supervision because the evidence sufficiently showed, by a preponderance of the evidence, that Appellant violated a condition of his community supervision by committing a new offense.

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