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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 08-24-00146-CR
Regular Panel Decision
Sep 23, 2025

Eduardo Santillana Garza v. the State of Texas

Eduardo Santillana Garza was convicted of capital murder and aggravated robbery following a jury trial in El Paso County, Texas. He received a life sentence without parole for capital murder and 40 years for aggravated robbery, to run concurrently. The capital murder conviction stemmed from the shooting death of Miguel Rivera, Sr. during the course of a burglary or aggravated robbery, and the aggravated robbery conviction from shooting Abelardo Moreno during a theft. On appeal, Garza argued the trial court erred by denying his request for a lesser-included instruction on burglary offenses. The Court of Appeals found no error, concluding that any separate burglary Garza may have committed on a different date was not an "included" offense of the capital murder charge as alleged in the indictment. The court affirmed the trial court's judgment.

Criminal LawCapital MurderAggravated RobberyLesser-Included OffenseAppellate ReviewJury TrialEvidence SufficiencyTexas Penal CodeBurglary of HabitationBurglary of Building
References
13
Case No. 01-06-01121-CV
Regular Panel Decision
Jul 31, 2008

Rose Barton, Individually and as Personal Representative of the Estate of Christopher Martin Dean v. Whataburger, Inc.

This negligence case arises from the aggravated robbery of a Whataburger restaurant and the resulting murder of one of its employees on duty during the robbery. Rose Barton, individually and on behalf of the estate of her son, Christopher Dean, appeals the trial court’s summary judgment entered in favor of Whataburger, Inc. Barton contended that Whataburger was negligent in hiring a manager who conspired in the robbery, failing to provide a safe workplace, and failing to prevent the robbery. The court affirmed the summary judgment, concluding that the aggravated robbery leading to murder was not foreseeable as a matter of law, and therefore Whataburger had no duty to prevent it.

NegligenceWrongful DeathEmployer LiabilityPremises LiabilityForeseeability of CrimeIntervening Criminal ActSuperseding CauseAggravated RobberyMurderSummary Judgment
References
61
Case No. E1999-00438-CCA-R3-CD
Regular Panel Decision
Jun 28, 2002

State of Tennessee v. Thomas Dee Huskey

Thomas Dee Huskey appealed convictions for aggravated rape, rape, aggravated robbery, robbery, and kidnapping across four victims. The Court of Criminal Appeals of Tennessee affirmed convictions in part and reversed in part. The court reversed judgments for three aggravated rape convictions and one especially aggravated kidnapping conviction related to victim D.C. due to improper consolidation, finding the offenses against D.C. were committed differently than the others. The remaining convictions for victims A.D. and G.T. were affirmed, resulting in an adjusted effective sentence of forty-four years in the Department of Correction. The court addressed numerous other issues including speedy trial, unlawful arrest, discovery, and prosecutorial misconduct, generally finding no reversible error.

Criminal LawAppellate ReviewConviction ReversalJudicial DiscretionPretrial PublicityJury SelectionWitness CredibilityEvidentiary RulesSentencing EnhancementConstitutional Rights
References
152
Case No. M1999-00803-CCA-R3-DD
Regular Panel Decision
May 31, 2001

State of Tennessee v. Paul Dennis Reid, Jr.

Paul Dennis Reid, Jr. was convicted of two counts of first-degree murder and one count of especially aggravated robbery, receiving death sentences for the homicides. The convictions stemmed from the execution-style killings of two Captain D's employees and a robbery. On appeal, Reid raised numerous issues including suppressed evidence, jury selection, sufficiency of evidence, and constitutional challenges to Tennessee's death penalty statutes. The Court of Criminal Appeals of Tennessee affirmed all convictions and the sentences of death and accompanying twenty-five-year sentence for aggravated robbery.

First-Degree MurderEspecially Aggravated RobberyDeath PenaltyCapital SentencingCriminal AppealSufficiency of EvidenceJuror SelectionVictim Impact EvidenceMitigating CircumstancesAggravating Circumstances
References
371
Case No. MISSING
Regular Panel Decision
Aug 16, 1982

People v. Nieto

This case involves an appeal by the defendant from a judgment of the County Court, Nassau County, convicting him of robbery in the second degree. The core issue on appeal was whether the People presented sufficient evidence to corroborate the testimony of two accomplices, Anastasio Santiago and Julio Perez, who planned and executed the robbery with the defendant. The defendant allegedly informed the accomplices about the victim's valuable jewelry and suggested a time for the robbery. The court found that the evidence relied upon by the People, including the defendant's presence at the job site, association with accomplices, a statement about the robbery time, the victim's phone call testimony, and a police detective's rebuttal testimony, did not satisfy the statutory requirements for independent corroboration under CPL 60.22. The corroborative evidence, at best, only supported the accomplices' credibility but failed to connect the defendant with the crime. Consequently, the judgment was reversed, and the indictment was dismissed.

Accomplice TestimonyCorroboration EvidenceRobbery Second DegreeSufficiency of EvidenceIndictment DismissedAppellate ReviewCriminal Procedure LawImpeachment EvidenceIndependent CorroborationWitness Credibility
References
12
Case No. MISSING
Regular Panel Decision
Mar 16, 2006

State v. Rollins

Steven James Rollins was convicted of premeditated murder, felony murder, and especially aggravated robbery for the brutal killing of eighty-one-year-old John Bussell during a robbery in Sullivan County, Tennessee. The jury imposed a death sentence, finding multiple aggravating circumstances including the victim's age and the torture involved. Rollins appealed, raising issues such as the lack of electronic recording of interrogations, alleged Sixth Amendment right to counsel violations, and the refusal to allow a co-defendant to invoke the Fifth Amendment in the jury's presence. The Supreme Court of Tennessee affirmed both the conviction and the death sentence, finding no reversible errors and concluding that the sentence was not disproportionate given the circumstances.

Premeditated murderFelony murderEspecially aggravated robberyDeath penaltyAggravating circumstancesMitigating circumstancesRight to counselFifth Amendment privilegeElectronic recording of interrogationsApprendi error
References
67
Case No. E2013-00394-CCA-R3-DD
Regular Panel Decision

State of Tennessee v. Lemaricus Devall Davidson

Lemaricus Devall Davidson appealed his convictions for first-degree murder, especially aggravated robbery, especially aggravated kidnapping, aggravated rape, and facilitation of aggravated rape, along with two death sentences. The Supreme Court of Tennessee reviewed several claims of error, including the admission of evidence obtained during house searches, the defendant's statement to law enforcement, spectator buttons, post-mortem photographs, the jury's review of video evidence during deliberations, and expert testimony on ballistics and fingerprints. The Court affirmed Davidson's convictions and death sentences, concluding that the trial court did not err in admitting evidence, that the sentences were not arbitrary, and that the aggravating circumstances outweighed the mitigating factors. It also vacated the Court of Criminal Appeals' remand to the trial court for corrections to the judgment documents.

Capital PunishmentFirst Degree MurderAggravated RapeEspecially Aggravated RobberyEspecially Aggravated KidnappingDNA EvidenceFingerprint AnalysisBallisticsSearch Warrant ValidityMiranda Rights
References
268
Case No. MISSING
Regular Panel Decision
Jan 14, 1992

People v. Middleton

Defendant Middleton appealed a judgment from the Supreme Court, Kings County, convicting him of robbery in the third degree and other charges. The appellate court found that the prosecution failed to prove the element of force necessary for robbery, as a mere 'pocketbook snatching' without aggravating factors does not constitute robbery in New York, leading to the reversal and dismissal of that count. Furthermore, the court committed reversible error by improperly limiting the defense counsel's closing argument concerning a potential alternate suspect, Murphy, and related evidence. Consequently, the defendant was granted a new trial on the remaining counts of the indictment. The judgment was reversed, the robbery count dismissed, and the matter remitted for a new trial.

Criminal LawRobbery Third DegreeGrand Larceny Fourth DegreeCriminal Possession Stolen PropertyEvidence SufficiencyUse of ForceJury Charge ErrorSummation LimitationRight to CounselAppellate Reversal
References
14
Case No. M2012-02263-CCA-R3-CD
Regular Panel Decision
Apr 25, 2014

State of Tennessee v. Ronald W. Damon

Ronald W. Damon was convicted in Rutherford County Circuit Court of two counts of especially aggravated kidnapping, aggravated robbery, aggravated burglary, and conspiracy to commit aggravated burglary. He was subsequently sentenced to an effective seventy-three years. On appeal, Damon raised multiple issues, including the sufficiency of the evidence, the trial court's denial of his motion for acquittal or a new trial, alleged errors in trial procedure (like an eight-day break), exclusion of 9-1-1 operator testimony, admission of an incriminating letter, admission of prior bad acts evidence, playing portions of his pretrial video statement, limitations on cross-examination, and various sentencing errors. The Court of Criminal Appeals of Tennessee affirmed the judgments of the trial court, finding that the evidence was sufficient to support the convictions, there were no reversible errors in trial procedure or evidence admission, and the trial court did not abuse its discretion in sentencing.

KidnappingRobberyBurglaryConspiracySufficiency of EvidenceSentencing ReviewConsecutive SentencesDangerous OffenderAlibi DefenseHearsay Exception
References
47
Case No. M2003-00539-CCA-R3-DD
Regular Panel Decision
Dec 27, 2006

State v. Reid

The defendant, Paul Dennis Reid, Jr., was convicted of multiple counts of premeditated murder, felony murder, attempted murder, and especially aggravated robbery stemming from a McDonald's restaurant incident. He was subsequently sentenced to death. The Supreme Court of Tennessee affirmed the convictions and death sentences, addressing various issues including the defendant's competence to stand trial, the admissibility of evidence regarding weapon possession and financial condition, the introduction of evidence from prior murders to establish a 'mass murder' aggravating circumstance, and the trial judge's denial of a recusal motion. The court found no reversible error in the trial proceedings or the sentencing phase, upholding the death sentences based on overwhelming evidence of aggravating circumstances despite the presentation of mitigating factors related to his unstable childhood and mental health.

MurderFelony MurderAttempted MurderAggravated RobberyDeath PenaltyCompetency to Stand TrialAggravating CircumstancesMitigating CircumstancesProportionality ReviewEyewitness Identification
References
148
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