(Download) "Gandabhi Motibahi Patel v. State Texas" by En Banc No. 1257-86 Court of Criminal Appeals of Texas # eBook PDF Kindle ePub Free
eBook details
- Title: Gandabhi Motibahi Patel v. State Texas
- Author : En Banc No. 1257-86 Court of Criminal Appeals of Texas
- Release Date : January 18, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Opinion ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW Appeal is taken from a conviction of murder. See V.T.C.A., Penal
Code, § 19.02 (a)(1). After finding appellant guilty, the jury assessed punishment at fifteen years imprisonment. On direct appeal the Sixth Court of Appeals, in a published per curiam opinion, affirmed the conviction. Patel v. State,
720 S.W.2d 891 (Tex.App.-- 6 Dist, 1986). On evaluating the sufficiency of the evidence on the appellant's affirmative defense
of insanity, the Court of Appeals utilized two standards of review: (1) the Van Guilder standard, Van Guilder v. State, 709
S.W.2d 178 (Tex.Cr.App. 1985), and (2) a factual sufficiency review to determine if the verdict was against the great weight
and preponderance of the evidence. Because application of this secondary factual sufficiency review was in conflict with applicable
decisions of this Court, we granted appellant's petition. Tex. R. App. Proc. Rule 200 (c)(3).