Delay v. State

MEYERS, J.,

filed a dissenting opinion.

You can always tell when an opinion is written with the outcome decided before any legal analysis is done because it reads like a medical report written by a doctor who has never conducted a physical examination of the patient. This is precisely how the court of appeals’ opinion in this case comes across. The court of appeals concluded the evidence to be insufficient to sustain Appellant’s conviction but directly misapplied the sufficiency of the evidence standards. See DeLay v. State, 410 S.W.3d 902 (Tex.App.-Austin 2018, pet. granted). In his dissent,…