Cain v. State (Crim 1997)

In Cain v. State, 958 S.W.2d 404, 408 (Tex. Crim. App. 1997), the Court discussed the constitutional limits on our review of decisions on questions of fact by the courts of appeals. 958 S.W.2d 404 (Tex. Crim. App. 1997). Article V, Section 6 "operates as a jurisdictional limitation on this Court, so that we are without jurisdiction to 'pass upon the weight and preponderance of the evidence or to 'unfind' a vital fact.'" Id. at 408. Thus, this Court is precluded from conducting a de novo review of the factual decision by a court of appeals. See id. see also Shirley Baccus-Lobel, Criminal Law, 52 SMU L. Rev. 881, 889 (1999). "We are empowered only to determine whether the court of appeals applied the correct standard of review and considered all of the relevant evidence. The Court may not undertake a review that essentially redoes the sufficiency analysis." Cain, 958 S.W.2d at 408.