Court of Criminal Appeals of Texas
Jason Earl Wooley, Appellant v. the State of Texas
June 25, 20082008 Tex. Crim. App. LEXIS 762
Summary
The Court of Criminal Appeals held that Malik's rule for measuring evidentiary sufficiency applies to factual‑sufficiency review and that affirming Wooley's murder conviction on a theory not submitted to the jury violated federal due‑process rights, reversing the Court of Appeals and remanding for further proceedings. Justice Meyers, in a concurring opinion, criticized the application of Malik to factual sufficiency but agreed the evidence was sufficient to support the conviction.