Dennis Lafaine Flanagan, Appellant v. the State of Texas, Appellee

Summary

The Court reversed the conviction for attempted murder, holding that the evidence was insufficient to prove the specific intent to kill the police officer. The Court applied the de novo standard for sufficiency of the evidence, finding the shotgun blast at 50 feet with birdshot could not reasonably be expected to cause death. A dissent argued the majority erred in its analysis and emphasized the defense of factual impossibility. Both opinions agree the conviction cannot stand.