Clewis v. State

The Court is squarely presented with the compelling questions of whether a court of appeals is empowered to determine “factual sufficiency” of the evidence of one or more elements of an offense to sustain a conviction in a criminal case less than capital with the death penalty assessed; if so, what is the proper standard of review. See Clewis v. State, 876 S.W.2d 428, at 430-431 (Tex.App.—Dallas 1994).1 Holding with Trench that “[t]he present is only intelligible in light of the past,” I propose to track evolution of appellate judicial power in this jurisdiction, and then apply that which is…