Legal Opinion

Kearney v. State

Texas Court of Appeals, 10th District (Waco)

Decided November 2, 2005No. 10-04-00096-CRPublishedCited by 31 opinions

1Opinion of the Court

OPINION

BILL VANCE, Justice.

Asserting four issues, Appellant Mark Kearney challenges his conviction of attempted capital murder. We will affirm.

Background

Shirley Schultz, the owner of a Bryan Western Union store, testified that while at the store on the evening of May 13, 2003, she heard gunshots in the store lobby. She saw a masked man, waving a gun and demanding money. Schultz was able to run out the back door, go to a neighboring house, and call 9-1-1 and report the armed robbery in progress.

Dean Swartzlander, a Bryan police officer, testified that he was on duty that evening when he heard…

2Cases cited25 opinions

  1. Crawford v. WashingtonSupreme Court of the United States · 2004
  2. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  3. Jackson v. DennoSupreme Court of the United States · 1964
  4. Romero v. StateCourt of Criminal Appeals of Texas · 1990
  5. Lego v. TwomeySupreme Court of the United States · 1972

20 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. Martinez v. StateCourt of Appeals of Texas · 2007
  2. Pierce v. State, Texas Court of Appeals, 10th District (Waco)2007
  3. Neal v. State, Texas Court of Appeals, 5th District (Dallas)2006
  4. Giddens v. State, Texas Court of Appeals, 10th District (Waco)2008
  5. Tita v. State, Texas Court of Appeals, 14th District (Houston)2007

26 more not listed; retrieve them via the Exa API.

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