Bailey v. State, 867 S.W.2d 42 (Tex. Crim. App. 1993). · Go Syfert
Bailey v. State, 867 S.W.2d 42 (Tex. Crim. App. 1993). Cases Citing This Book View Copy Cite
112 citation events (65 in the last 25 years) across 2 distinct courts.
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994 2010 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
cited Cited as authority (rule) Qualon Deshon Weaver v. the State of Texas
Tex. App. · 2024 · confidence medium
Bailey v. State, 867 S.W.2d 42, 43 (Tex. Crim.
cited Cited as authority (rule) Jose Ines Hernandez v. the State of Texas
Tex. App. · 2023 · confidence medium
App. 1996); and then citing Bailey v. State, 867 S.W.2d 42, 43 (Tex. Crim.
cited Cited as authority (rule) Aaron Brown v. State
Tex. App. · 2018 · confidence medium
App. 1996); Bailey v. State, 867 S.W.2d 42, 43 (Tex. Crim.
cited Cited as authority (rule) Kirkland v. State
Tex. App. · 2017 · confidence medium
App. 1996); Bailey v. State, 867 S.W.2d 42, 43 (Tex. Crim.
cited Cited as authority (rule) Smith v. State
Tex. App. · 2017 · confidence medium
See Reeves, 420 S.W.3d at 816 ; Wooten, 400 S.W.3d at 606 ; Bailey v. State, 867 S.W.2d 42, 43 (Tex. Crim.
cited Cited as authority (rule) Michael Alan Hodges v. State
Tex. App. · 2016 · confidence medium
Hutch, 922 S.W.2d at 171 (citing Bailey v. State, 867 S.W.2d 42, 43 (Tex. Crim.
cited Cited as authority (rule) Terrance Davis v. State
Tex. Crim. App. · 2015 · confidence medium
App. 1991); Boones v. State, 170 S.W.3d 653, 660 (Tex. App.—Texarkana 2005, no pet.). 23 Bailey v. State, 867 S.W.2d 42, 43 (Tex.Cr.App.1993) (citing Almanza). 11 instructions.” (R.R.
cited Cited as authority (rule) Drake Jordan Finch v. State
Tex. App. · 2015 · confidence medium
Bailey v. State, 867 S.W.2d 42, 43 (Tex.Cr.App. 1993) 1982).
cited Cited as authority (rule) Cornell McHenry v. State
Tex. App. · 2015 · confidence medium
Therefore, the error in failing to instruct the jury that Mitchell was an accomplice as a matter of law did not egregiously harm the Appellant. 31 Bailey v. State, 867 S.W.2d 42, 43 (Tex. Crim.
cited Cited as authority (rule) Elizondo, Jose Guadalupe Rodriguez
Tex. App. · 2015 · confidence medium
App. 2013) (same); Bailey v. State, 867 S.W.2d 42, 43 (Tex. Crim.
cited Cited as authority (rule) Elizondo, Jose Guadalupe Rodriguez
Tex. App. · 2015 · confidence medium
App. 2013) (same); Bailey v. State, 867 S.W.2d 42, 43 (Tex. Crim.
cited Cited as authority (rule) Derrick Florence v. State
Tex. App. · 2014 · confidence medium
Stuhler, 218 S.W.3d at 719 ; Bailey v. State, 867 S.W.2d 42, 43 (Tex. Crim.
cited Cited as authority (rule) Gelinas, James Henry
Tex. Crim. App. · 2013 · confidence medium
Bailey v. State , 867 S.W.2d 42, 43 (Tex. Crim.
cited Cited as authority (rule) Gelinas, James Henry
Tex. Crim. App. · 2013 · confidence medium
Bailey v. State, 867 S.W.2d 42, 43 (Tex. Crim.
cited Cited as authority (rule) Gelinas, James Henry
Tex. Crim. App. · 2013 · confidence medium
Bailey v. State, 867 S.W.2d 42, 43 (Tex.Crim.App.1993) (citing Almanza).
cited Cited as authority (rule) Abelino Cantu, Jr. v. State
Tex. App. · 2010 · confidence medium
App. 1996) (citing Bailey v. State , 867 S.W.2d 42, 43 (Tex. Crim.
cited Cited as authority (rule) Abelino Cantu, Jr. v. State
Tex. App. · 2010 · confidence medium
App. 1996) (citing Bailey v. State, 867 S.W.2d 42, 43 (Tex. Crim.
cited Cited as authority (rule) Serena Blakeney Wainright v. State
Tex. App. · 2010 · confidence medium
Stuhler, 218 S.W.3d at 719 ; Bailey v. State, 867 S.W.2d 42, 43 (Tex.Crim.App. 1993).
cited Cited as authority (rule) Serena Blakeney Wainright v. State
Tex. App. · 2010 · confidence medium
Stuhler, 218 S.W.3d at 719 ; Bailey v. State, 867 S.W.2d 42, 43 (Tex.Crim.App. 1993).
cited Cited as authority (rule) Serena Blakeney Wainright v. State
Tex. App. · 2010 · confidence medium
Stuhler , 218 S.W.3d at 719 ; Bailey v. State, 867 S.W.2d 42, 43 ( Tex.Crim.App . 1993).
cited Cited as authority (rule) James Sanders v. State
Tex. App. · 2008 · confidence medium
Stuhler, 218 S.W.3d at 719; Bailey v. State, 867 S.W.2d 42, 43 (Tex. Crim.
cited Cited as authority (rule) James Sanders v. State
Tex. App. · 2008 · confidence medium
Stuhler , 218 S.W.3d at 719 ; Bailey v. State , 867 S.W.2d 42, 43 (Tex. Crim.
cited Cited as authority (rule) William Matthew Schiffert A/K/A Jerry Schiffert v. State
Tex. App. · 2008 · confidence medium
Stuhler, 218 S.W.3d at 719 ; Bailey v. State, 867 S.W.2d 42, 43 (Tex. Crim.
cited Cited as authority (rule) William Matthew Schiffert A/K/A Jerry Schiffert v. State
Tex. App. · 2008 · confidence medium
Stuhler , 218 S.W.3d at 719 ; Bailey v. State , 867 S.W.2d 42, 43 (Tex. Crim.
cited Cited as authority (rule) Schiffert v. State
Tex. App. · 2008 · confidence medium
Stuhler, 218 S.W.3d at 719 ; Bailey v. State, 867 S.W.2d 42, 43 (Tex.Crim.App.1993); Almanza, 686 S.W.2d at 171 .
cited Cited as authority (rule) Landrian v. State
Tex. App. · 2008 · confidence medium
Ngo, 175 S.W.3d at 750 n. 48; Bailey v. State, 867 S.W.2d 42, 43 (Tex.Crim.App.1993); Almanza, 686 S.W.2d at 171 .
cited Cited as authority (rule) Carlos Landrian v. State
Tex. App. · 2007 · confidence medium
Ngo , 175 S.W.3d at 750 n.48; Bailey v. State , 867 S.W.2d 42, 43 (Tex. Crim.
cited Cited as authority (rule) Desai Hospitality, L.L.C. v. Rajesh Patel, Amaret Patel, and Navnit Patel
Tex. App. · 2007 · confidence medium
Bailey v. State , 867 S.W.2d 42, 43 (Tex. Crim.
discussed Cited as authority (rule) Stuhler v. State (2×)
Tex. Crim. App. · 2007 · confidence medium
Bailey v. State, 867 S.W.2d 42, 43 (Tex.Crim.App.1993); Almanza v. State, supra, at 171; Ngo v. State, supra, at 750 n. 48. .
cited Cited as authority (rule) Stuhler, Martina
Tex. Crim. App. · 2007 · confidence medium
Bailey v. State , 867 S.W.2d 42, 43 (Tex. Crim.
cited Cited as authority (rule) Sanchez, Arthur Garcia
Tex. Crim. App. · 2006 · confidence medium
Bailey v. State , 867 S.W.2d 42, 43 (Tex. Crim.
cited Cited as authority (rule) Sanchez v. State
Tex. Crim. App. · 2006 · confidence medium
Bailey v. State, 867 S.W.2d 42, 43 (Tex.Crim.App.1993), citing Almanza v. State, supra, at 171; Ngo v. State, supra, at 750 n. 48. 36 .
cited Cited as authority (rule) Vanschoyck v. State
Tex. App. · 2006 · confidence medium
Bailey v. State, 867 S.W.2d 42, 43 (Tex.Crim.App.1993); Taylor v. State, 146 S.W.3d 801, 810 (Tex.App.-Texarkana 2004, pet. ref'd).
cited Cited as authority (rule) Eulan Van Schoyck v. State
Tex. App. · 2006 · confidence medium
Bailey v. State , 867 S.W.2d 42, 43 (Tex. Crim.
cited Cited as authority (rule) Grider v. State
Tex. App. · 2004 · confidence medium
Bailey v. State, 867 S.W.2d 42, 43 (Tex.Crim.App. 1993); Batiste v. State, 73 S.W.3d 402, 407 (Tex.App.-Dallas 2002, no pet.).
cited Cited as authority (rule) Loredo, Pedro Isreal v. State
Tex. App. · 2004 · confidence medium
Bailey v. State, 867 S.W.2d 42, 43 (Tex. Crim.
cited Cited as authority (rule) Loredo v. State
Tex. App. · 2004 · confidence medium
Bailey v. State, 867 S.W.2d 42, 48 (Tex.Crim.App.1993).
discussed Cited as authority (rule) Campbell v. State (2×)
Tex. App. · 2004 · confidence medium
Hutch, 922 S.W.2d at 171 (citing Bailey v. State, 867 S.W.2d 42, 43 (Tex.Crim.App.1993) (citing Almanza)).
cited Cited as authority (rule) Hayward, Roman Lee v. State
Tex. App. · 2003 · confidence medium
Benge , 94 S.W.3d at 37 ( citing Bailey v. State , 867 S.W.2d 42, 43 (Tex. Crim .
discussed Cited as authority (rule) Benge v. State (2×) also: Cited "see"
Tex. App. · 2003 · confidence medium
Id. (citing Bailey v. State, 867 S.W.2d 42, 43 (Tex.Crim.App. 1993)).
cited Cited as authority (rule) Degrate v. State
Tex. App. · 2002 · confidence medium
Hutch, 922 S.W.2d at 171 (citing Bailey v. State, 867 S.W.2d 42, 43 (Tex.Crim.App.1993) (citing Almanza)).
cited Cited as authority (rule) Benge, Cassandra Sue v. State
Tex. App. · 2002 · confidence medium
Id. (citing Bailey v. State , 867 S.W.2d 42, 43 (Tex. Crim .
cited Cited as authority (rule) Payne v. State
Tex. App. · 2000 · confidence medium
Bailey v. State, 867 S.W.2d 42, 43 (Tex.Crim.App.1993).
discussed Cited as authority (rule) Loredo v. State (2×)
Tex. App. · 2000 · confidence medium
Id.; Bailey v. State, 867 S.W.2d 42, 43 (Tex.Crim.App.1993).
examined Cited as authority (rule) Dickey v. State (4×) also: Cited "see, e.g."
Tex. Crim. App. · 1999 · confidence medium
Bailey v. State, 867 S.W.2d 42, 43 (Tex.Crim.App.1993).
cited Cited as authority (rule) Gowans v. State
Tex. App. · 1999 · confidence medium
Bailey v. State, 867 S.W.2d 42, 43 (Tex.Crim.App.1993).
discussed Cited as authority (rule) Payne v. State (2×)
Tex. App. · 1999 · confidence medium
Bailey v. State, 867 S.W.2d 42, 43 (Tex.Crim.App.1993).
cited Cited as authority (rule) John Eldre Howard v. State
Tex. App. · 1998 · confidence medium
Bailey v. State , 867 S.W.2d 42, 43 (Tex. Crim.
cited Cited as authority (rule) Howard v. State of Texas
Tex. App. · 1998 · confidence medium
Bailey v. State, 867 S.W.2d 42,43 (Tex.Crim.App.1993) (citing Al-manza, 686 S.W.2d at 172 ).
cited Cited as authority (rule) Thieu Quang Bui v. State
Tex. App. · 1998 · confidence medium
Hutch v. State, 922 S.W.2d 166, 171 (Tex.Crim.App.1996); Bailey v. State, 867 S.W.2d 42, 43 (Tex.Crim.App.1993); Rudd v. State, 921 S.W.2d at 373.
Retrieving the full opinion text from the archive…
Theo Clay BAILEY, Appellant,
v.
the STATE of Texas, Appellee
454-93.
Court of Criminal Appeals of Texas.
Dec 8, 1993.
867 S.W.2d 42
Hazel R. Bolden, Houston, for appellant., John B. Holmes, Jr., Dist. Atty., and Alan Curry and Melissa Schwarz Douma, Asst. Dist. Attys., Houston, Robert Huttash, State’s Atty., Austin, for the State.
Maloney.
Cited by 111 opinions  |  Published

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

MALONEY, Judge.

Appellant was convicted of delivery of a controlled substance and, upon a finding of true as to two enhancement allegations, the jury assessed punishment at sixty years confinement in the Institutional Division of the Texas Department of Criminal Justice. The Court of Appeals reversed. Bailey v. State, 848 S.W.2d 321 (Tex.App.—Houston [1st Dist.] 1993). We granted the State’s petition for discretionary review to consider whether the Court of Appeals erred in “holding that the appellant was egregiously harmed by a portion of the trial court’s charge to the jury.” See Tex.R.App.P. 200(c)(5).

On appeal appellant complained that the trial court erred in submitting at guilt a jury instruction pertaining to evidence of extraneous offenses. [1] The Court of Appeals agreed that the instruction given was erroneous, constituted an improper comment on the weight of the evidence and drew attention to the fact that appellant exercised his right to remain silent. Id. at 322. The Court of Appeals concluded the error was harmful. The dissent pointed out that because appellant did not object to the charge at trial, he had the burden under Almanza v. State, 686 S.W.2d 157 (Tex.Crim.App.1984) (opinion on reh’g), of showing that the charge was so egregious that he was deprived of a fair and impartial trial. Id. at 323 (Mirabal, J., dis-[*43] seating). The dissent set forth and applied the factors identified by this Court in Al-manza as appropriate for determining egregious harm, and concluded that appellant failed to meet his burden. Id. at 323-24.

In Almanza, we held that in the absence of a proper trial objection to error in the charge,

the accused must claim that the error was “fundamental” [and] will obtain a reversal only if the error is so egregious and created such harm that he “has not had a fair and impartial trial” — in short “egregious harm.”

Almanza, 686 S.W.2d at 171. We further said that such error must be reviewed “in light of the entire jury charge, the state of the evidence, including the contested issues and weight of probative evidence, the argument of counsel and any other relevant information revealed by the record of the trial as a whole.” Id.

Although the Court of Appeals cited Almanza, it did not recognize that the standard to be applied in this case was one of determining “egregious error”. Nowhere in its opinion, did the Court of Appeals discuss or apply the factors we have held are to be considered in assessing charge error. Rather, the Court concluded that “[t]his jury charge is simply below the minimum standard the law should require.” Bailey, 848 S.W.2d at 322-23. This holding is not in line with Almanza. We did not there recognize that certain charges automatically fall below a “minimum standard.” Rather, every charge error must be assessed in light of “the entire jury charge, the state of the evidence, including the contested issues and weight of probative evidence, the arguments of counsel and any other relevant information revealed by the record of the trial as a whole.” The Court of Appeals erred in failing to consider and apply these factors as required by Almanza.

Accordingly, the judgement of the Court of Appeals is vacated and this cause is remanded to the Court of Appeals to conduct a proper harm analysis pursuant to our opinion in Almanza. See Johnson v. State, 853 S.W.2d 574 (Tex.Crim.App.1993) (where a piece of allegedly improperly admitted evidence was not mentioned in court of appeals’ harm analysis, such analysis incomplete and case remanded).

1

. Appellee complained of the following instruction:

You are instructed that certain evidence was admitted before you in regard to the defendant's having been charged and convicted of an offense or offenses other than the one for which he is now on trial. Such evidence cannot be considered by you against the defendant as any evidence of guilt in this case. Said evidence was admitted before you for the purpose of aiding you, if it does aid you, in passing upon the weight you will give his testimony, and you will not consider the same for any other purpose.

This instruction was erroneous because no evidence was admitted during guilt of any extraneous offense.