McCarty factors in Texas

2024Viewing the evidence in the light most favorable to the trial court’s ruling, we conclude that the anxiety suffered by McCarty is no greater than that “normally associated with a criminal charge or investigation,” see Cantu, 253 S.W.3d at 286 , and that McCarty’s defense was not impaired by the delay such that he was prejudiced.

2024In applying the Barker balancing test, we must “use common sense and sensitivity to ensure that charges are dismissed only when the evidence shows that a defendant’s actual and asserted interest in a speedy trial has been infringed.” Id. at 281 .

2015While her responses were obviously emotional, they were not spontaneous enough to avoid the possibility of fabrication as required by McCarty, See McCarty, 257 S.W.3d at 241 .

2015While her responses were obviously emotional, they were not spontaneous enough to avoid the possibility of fabrication as required by McCarty, See McCarty, 257 S.W.3d at 241 .

2015When we consider the McCarty factors to which we have already referred, we are constrained to hold that the long pauses in S.D.’s responses during the second section of the reported interview preclude a determination that her statements “resulted from impulse rather than reason and reflection.” Zuliani, 97 S.W.3d at 596 (quoting Fowler, 379 S.W.2d at 347 ) (internal quotation mark omitted).

2015When we consider the McCarty factors to which we have already referred, we are constrained to hold that the long pauses in S.D.’s responses during the second section of the reported interview preclude a determination that her statements “resulted from impulse rather than reason and reflection.” Zuliani, 97 S.W.3d at 596 (quoting Fowler, 379 S.W.2d at 347 ) (internal quotation mark omitted).

2015When we consider the McCarty factors to which we have already referred, we are constrained to hold that the long pauses in S.D.’s responses during the second section of the reported interview preclude a determination that her statements “resulted from impulse rather than reason and reflection.” Zuliani, 97 S.W.3d at 596 (quoting Fowler, 379 S.W.2d at 347 ) (internal quotation mark omitted).

2015When we consider the McCarty factors to which we have already referred, we are constrained to hold that the long pauses in S.D.’s responses during the second section of the reported interview preclude a determination that her statements “resulted from impulse rather than reason and reflection.” Zuliani, 97 S.W.3d at 596 (quoting Fowler, 379 S.W.2d at 347 ) (internal quotation mark omitted).

2015Id.

2011App. 2007). ―We have long held that a defect that renders a sentence void may be raised at any time.‖ Ex parte Rich, 194 S.W.3d 508 , 511 1 Additionally, based on McCarty’s plea of true to a sentence-enhancement of arson, he was sentenced to seven years’ imprisonment.

1992The Mansell Court distilled from statutory language the principle that “state courts have been granted the authority to treat disposable retired pay as community property; they have not been granted the authority to treat total retired pay as community property.” Id. at 589 , 109 S.Ct. at 2028 .

1992The Mansell Court distilled from statutory language the principle that “state courts have been granted the authority to treat disposable retired pay as community property; they have not been granted the authority to treat total retired pay as community property.” Id. at 589 , 109 S.Ct. at 2028 .