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 reversed the Court of Appeals judgment and remanded, holding that the Malik 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.