38 results for 'judge:"Hoyle "'.
J. Hoyle finds the trial court properly convicted defendant for aggravated robbery and kidnapping, assault of a pregnant person and unlawful possession of a firearm, sentencing him to life in prison. The victim, his ex-girlfriend, testified that after church defendant prevented her from leaving his presence, that he was drinking and that he asked to use her van. He brandished a gun when she refused, so she gave him the keys. Upon his return, defendant examined the victim���s genitals for signs of sexual activity. She fled to a pizzeria where employees hid her in the freezer. Defendant was arrested when a passing police officer witnessed people fleeing from the pizzeria. Evidence at trial showed that defendant committed aggravated robbery by taking the van at gunpoint. He then held the victim captive, punched her, bit her face and jumped on her stomach. When she escaped, he ran into a store filled with customers and employees, attempting to drag the victim out at gunpoint. While released on bond, defendant broke into the victim���s house and stabbed her while her young children ran for help. All evidence supports conviction and the sentence is not unconstitutionally disproportionate. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle, Filed On: September 1, 2023, Case #: 12-22-00227-CR, Categories: Firearms, Assault, Kidnapping
J. Hoyle finds the trial court properly terminated the mother���s parental rights. A child protection investigation supervisor testified that the mother tested positive for meth, amphetamines and THC, with the child testing positive for drugs at birth and showing eventual withdrawal symptoms. The mother did not make any efforts to complete education, testing or employment services. And the child is found to be thriving in the appropriate, clean, safe and loving foster home. All evidence supports the best interest finding. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle, Filed On: August 23, 2023, Case #: 12-23-00093-CV, Categories: Evidence, Family Law, Guardianship
J. Hoyle finds that the trial court properly convicted defendant for murder arising from an attempted robbery of a drug dealer that resulted in the dealer's shooting of one of the assailants. Culpability was established by defendant's masterminding the botched robbery. The jury heard evidence from several witnesses that the robbery was defendant's idea. Because proffered evidence of defendant's intellectual abilities does not make any fact more or less probable, the trial court's excluding it on relevancy grounds during the guilt-innocence phase was proper. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle, Filed On: July 21, 2023, Case #: 12-22-00161-CR, Categories: Murder, Robbery
J. Hoyle finds that the trial court properly convicted defendant for evading arrest or detention in a motor vehicle. Defendant had two prior felony convictions, elevating his punishment level to that of a first-degree felony, and the court granted his motion to refrain from referring to the extraneous offenses during trial. The officer who attempted to detain defendant testified that he knew him from previous dealings at the county jail. The state agreed the testimony violated the motion, though the court denied defendant's motion for mistrial. Denial of the motion for mistrial was within reasonable disagreement, and the court acted within its discretion in concluding that the evidence���s probative value was not outweighed by the danger of unfair prejudice. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: July 21, 2023, Case #: 12-22-00316-CR, Categories: Evidence, Escape, Due Process
[Consolidated] J. Hoyle finds the trial court properly convicted defendant for sexual assault, tampering with physical evidence, and burglary of a habitation. Representing himself, defendant sought to suppress his warrantless arrest based on a witness's testimony that he saw defendant leave the victim's house, bleeding, and enter a house across the street. The victim, who also had blood on her at the scene, stated that she stabbed defendant during the rape. Officers went to the house across the street to find blood on the door, then properly entered with probable cause after knocking to no response. Officer and forensic interviewer testimony was correctly entered and was not hearsay. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: July 21, 2023, Case #: 12-22-00053-CR, Categories: Evidence, Search, Sex Offender
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J. Hoyle grants the divorced father's petition for a writ of habeas corpus, sought on allegations that he has been illegally detained for failure to follow court orders regarding child support and that an order revoking suspension of a contempt sentence violated his due process rights. The court did not hold a hearing before revoking the suspended sentence.
Court: Texas Courts of Appeals, Judge: Hoyle, Filed On: July 21, 2023, Case #: 12-23-00148-CV, Categories: Family Law, Due Process, Habeas
J. Hoyle finds the trial court properly convicted defendant for possession with intent to deliver cocaine. Defendant abandoned a vehicle borrowed from his girlfriend and fled on foot after the investigating officer identified him as the subject he was seeking. Testimony of two officers, based on doorbell camera footage they viewed and a bag of drugs that were later found on the ground along defendant���s route of escape, as well as defendant���s girlfriend���s testimony support conviction. The doorbell camera footage was destroyed by the standard operation of the camera and was not collected before it was overwritten, and defense counsel did not argue that the recording was destroyed in bad faith. The court was within its discretion to determine that it was unavailable as lost or destroyed. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle, Filed On: June 14, 2023, Case #: 12-22-00268-CR, Categories: Drug Offender, Evidence, Escape
J. Hoyle finds the trial court properly convicted defendant for indecency with a child by sexual contact. Defendant argues that, due to his limited criminal history, the imposed sentence of 13 years in prison amounts to cruel and unusual punishment. The sentence is within guidelines and defendant did not object when it was pronounced, failing to preserve the issue for review. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle, Filed On: June 8, 2023, Case #: 12-22-00299-CR, Categories: Constitution, Sex Offender, Child Victims