Legal Opinion

Loserth v. State

Texas Court of Appeals, 4th District (San Antonio)

Decided May 17, 1996No. 04-94-00268-CRPublishedCited by 6 opinions

1Opinion of the Court

OPINION

HARDBERGER, Justice.

This is a murder case. The conviction is largely based on an eye-witness identification. The points of error are three: (1) factually insufficient evidence, (2) in-court identification and (3) excluded evidence of a civil lawsuit. All points are substantive and well-briefed by both sides.

Facts

Brenda Epperson, 24, was killed in her apartment on May 17, 1992. She was stabbed 12 times. The motive was, and is, difficult, to understand. She was neither sexually molested, nor robbed. She was well-liked and successful in her work as an insurance adjuster. Her friends were…

2Cases cited14 opinions

  1. Simmons v. United StatesSupreme Court of the United States · 1968
  2. Neil v. BiggersSupreme Court of the United States · 1972
  3. Clewis v. StateCourt of Criminal Appeals of Texas · 1996
  4. Manson v. BrathwaiteSupreme Court of the United States · 1977
  5. United States v. Ben Herbert SutherlandCourt of Appeals for the Fifth Circuit · 1970

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

3Cited by6 opinions

  1. Loserth v. State, Texas Court of Appeals, 4th District (San Antonio)1999
  2. Bath v. State, Texas Court of Appeals, 13th District1997
  3. Dixon v. State, Texas Court of Appeals, 4th District (San Antonio)1996
  4. Dixon v. State, Texas Court of Appeals, 4th District (San Antonio)1996
  5. Jorge Arturo Perez v. State, Texas Court of Appeals, 8th District (El Paso)2005

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

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