Court of Criminal Appeals of Texas

Kelvin Kianta Brooks, Appellant v. the State of Texas

October 6, 20102010 Tex. Crim. App. LEXIS 1240

Summary

The court held that criminal legal-sufficiency review and the Texas factual-sufficiency standard had become indistinguishable, so it overruled the factual-sufficiency standard and required courts to apply only the constitutional legal-sufficiency standard. Because the court of appeals may have been influenced by the former standard, the court vacated its judgment and remanded for reconsideration under the proper standard. Justice Price, dissenting, would have retained factual-sufficiency review, while Justice Cochran, concurring, agreed that the former standard was unworkable and that only legal-sufficiency review should apply.