How cited: Garcia v. State · Go Syfert

Garcia v. State (1994)

green · 622 citation events across 6 courts. Showing the 50 strongest citers on record (one row per citing case, strongest signal kept).
Treatment trajectory · 1994 → 2026 · click a year to view the case as of then
199420102026
Rule Authority · Tex. App. · 4 citations in this opinion
Garcia v. State, 887 S.W.2d 862, 875 (Tex. Crim.
Rule Authority · Tex. App. · 3 citations in this opinion
Pelaez’s challenge to the accuracy of Longoria’s “translation was a fact question for the jury to determine.” Id. at 30 (citing Calixto v. State, 66 S.W.3d 505, 510 (Tex. App.—Austin 2001, pet. ref’d); Garcia v. State, 887 S.W.2d 862, 875 (Tex. Crim.
Quote Authority · Tex. App. · signal: see · 3 citations in this opinion
See Garcia, 887 S.W.2d at 875 (“[W]e cannot even review the question, because there is no legal issue presented; it is a factual question which ultimately only the 4 [factfinder] can answer, and which is not reviewable by this court.”); Martins v. State, 52 S.W.3d 459, 471 (Tex. App.—Corpus Christi–Edinburg 2001, no pet.) (“An attack on the accuracy of a translation, on the other hand, is a question of fact for the factfinder and so not reviewable on appeal.”); Kan, 4 S.W.3d…
“[W]e cannot even review the question, because there is no legal issue presented; it is a factual question which ultimately only the 4 [factfinder] can answer, and which is not reviewable by this court.”
Quote Authority · Tex. App. · signal: see · 2 citations in this opinion
See Garcia, 887 S.W.2d at 875 (“[W]e cannot even review the question, because there is no legal issue presented; it is a factual question which ultimately only the jury can answer, and which is not reviewable by this court.”); Martins v. State, 52 S.W.3d 459, 471 (Tex. App.—Corpus Christi– Edinburg 2001, no pet.) (“An attack on the accuracy of a translation, on the other hand, is a question of fact for the factfinder and so not reviewable on appeal.”); Kan, 4 S.W.3d at 43 (“…
“[W]e cannot even review the question, because there is no legal issue presented; it is a factual question which ultimately only the jury can answer, and which is not reviewable by this court.”
Rule Authority · Tex. App. · 2 citations in this opinion
App. P. 33.1(a); Garcia v. State, 887 S.W.2d 862, 877 (Tex. Crim.
overruling the appellant’s claim that the State improperly commented on the appellant’s failure to testify because the defense did not object and preserve the error
green Mahyar Arefi v. State (2019)
Rule Authority · Tex. App. · 2 citations in this opinion
Ann. art. 38.30(a); Garcia v. State, 887 S.W.2d 862, 875 (Tex. Crim.
Rule Authority · Tex. App. · 2 citations in this opinion
Garcia v. State, 887 S.W.2d 862, 882 (Tex. Crim.
stating that a reviewing court “will not brief appellant’s case for him”
green Garza, Juan Jr. (2014)
Rule Authority · Tex. App. · 2 citations in this opinion
App. [Panel Op.] 1979) ................................................................................................ 10, 13 Frazier v. Yu, 987 S.W.2d 607 , 609–10 (Tex. App.—Fort Worth 1999, pet. denied) ............................................................................................ 11 Garcia v. State, 887 S.W.2d 862, 871 (Tex. Crim.
Rule Authority · Tex. App. · 2 citations in this opinion
Garcia v. State, 887 S.W.2d 862, 869 (Tex.Crim.App.1994) (citing Strickland, 466 U.S. at 687-89 , 104 S.Ct. 2052 ); see also Agbogwe v. State, 414 S.W.3d 820, 838 (Tex.App.-Houston [1st Dist.] 2013, no pet.) (“It is reasonable to conclude ... [that] defense counsel decided that seeking an instruction to disregard Ozoh’s testimony would only bring further attention to it”); see also Delgado v. State, 235 S.W.3d 244, 250 (Tex.Crim.App.2007) (“[T]he decision of whether to reque…
Rule Authority · Tex. App. · 2 citations in this opinion
App. 1994) , the Court told us that a “party opposing evidence has the burden of objecting and requesting the limiting instruction at the introduction of the evidence .” Id. at 878 (emphasis added); accord Hammock v. State , 46 S.W.3d 889, 894 (Tex. Crim.
emphasis added
Rule Authority · Tex. App. · 2 citations in this opinion
In Garcia v. State, 887 S.W.2d 862 (Tex.Crim.App.1994), the Court told us that a “party opposing evidence has the burden of objecting and requesting the limiting instruction at the introduction of the evidence." Id. at 878 (emphasis added); accord Hammock v. State, 46 S.W.3d 889, 894 (Tex.Crim.App.2001) (reaffirming the holding in Garcia).
emphasis added
green Inette Wesley v. State (2008)
Rule Authority · Tex. App. · 2 citations in this opinion
Garcia v. State, 887 S.W.2d 862, 880 (Tex. Crim.
citing Strickland, 466 U.S. at 690
green Inette Wesley v. State (2008)
Rule Authority · Tex. App. · 2 citations in this opinion
Garcia v. State , 887 S.W.2d 862, 880 (Tex. Crim.
citing Strickland , 466 U.S. at 690
green Johnson v. State (2008)
Rule Authority · Tex. App. · 2 citations in this opinion
Where the “appellant points us to nothing in the record, makes no argument, and cites no authority to support [ ]his proposition,” “[w]e will not make [the] appellant’s arguments for him[,] and [will] hold the allegation to be inadequately briefed.” Wyatt v. State, 23 S.W.3d 18 , 23 n. 5 (Tex.Crim.App.2000); see Gallo v. State, 239 S.W.3d 757, 768 (Tex.Crim.App.2007); Garcia v. State, 887 S.W.2d 862, 882 (Tex.Crim.App.1994).
Rule Authority · Tex. App.
Garcia v. State, 887 S.W.2d 862, 877 (Tex. Crim.
Rule Authority · Tex. App.
App. 2001) (reaffirming, in part, the court’s holding in Garcia v. State, 887 S.W.2d 862, 878 (Tex. Crim.
green White, Brian Jason (2018)
Rule Authority · Tex. Crim. App.
App. 2001) (citing Garcia v. State, 887 S.W.2d 862, 878 (Tex. Crim.
Rule Authority · Tex. App.
Garcia v. State, 887 S.W.2d 862, 880 (Tex. Crim.
Rule Authority · Tex. App.
In Hammock, the Court of Criminal Appeals reaffirmed its prior holding that the request for a limiting instruction must be made by the party opposing the evidence “at the moment the evidence is admitted.” Hammock, 46 S.W.3d at 893 (reaffirming, in part, its holding in Garcia v. State, 887 S.W.2d 862, 878 (Tex. Crim.
Quote Authority · Tex. · signal: cf.
Cf. Garcia v. State, 887 S.W.2d 862, 875 (Tex. Cr.
“As a question of fact, appellant must settle the question of a translation’s accuracy at trial by impeaching the translation; cross-examination of the witness presents the most convenient vehicle, but impeachment may be accomplished by many other means.”
Rule Authority · Tex. App.
App. 1996)(holding that defendant waived appellate review of his claim that the prosecutor impermissibly commented on defendant’s failure to testify by not objecting at trial), cert. denied, 520 U.S. 1173 , 117 S.Ct. 1442 , 137 L.Ed. 2d 548 (1997); Garcia v. State, 887 S.W. 2d 862, 877 (Tex. Crim.
holding that no error was preserved when the defendant failed to object to the State commenting on the defendant not testifying
Rule Authority · Tex. App.
Appellant argues here that no competent attorney would have failed to request a limiting instruction under these circumstances, but on this silent record, appellant has not met his burden of showing that his counsel’s representation was ineffective. 4 See, e.g., Garcia v. State, 887 S.W.2d 862, 881 (Tex.Crim.App.1994) (holding trial counsel’s failure to request a limiting instruction did not constitute ineffective assistance because counsel did not want to draw more attentio…
green Johnson, Matthew Lee (2015)
Rule Authority · Tex.
Garcia v. State, 887 S.W.2d 862, 882 (Tex. Crim.
stating that a reviewing court “will not brief appellant’s case for him”
Rule Authority · Tex. App.
Garcia v. State, 887 S.W.2d 862, 889 (Tex. Crim.
citing Strickland, 466 U.S. at 687–89
Rule Authority · Tex. App.
“Once evidence is admitted without a proper limiting instruction, it becomes part of the general evidence in the case and may be considered for all purposes.” Arana, 1 S.W.3d at 829 (citing Garcia v. State, 887 S.W.2d 862, 878 (Tex. Crim.
Rule Authority · Tex. App.
Garcia v. State, 887 S.W.2d 862, 877 (Tex. Crim.
green Andre Scales v. State (2014)
Rule Authority · Tex. App.
McGee, 342 - 10 - 04-12-00435-CR S.W.3d at 247–48 (citing Garcia v. State, 887 S.W.2d 862, 876 (Tex. Crim.
Rule Authority · Tex. App.
Garcia v. State, 887 S.W.2d 862, 877 (Tex. Crim.
en banc
Rule Authority · Tex. App.
App. 2000); Garcia v. State, 887 S.W.2d 862, 876 (Tex. Crim.
Rule Authority · Tex. App.
Strickland, 466 U.S. at 689 ; Garcia v. State, 887 S.W.2d 862, 880 (Tex. Crim.
Rule Authority · Tex. App.
Strickland , 466 U.S. at 689 ; Garcia v. State , 887 S.W.2d 862, 880 (Tex. Crim.
Rule Authority · Tex. App.
Garcia v. State, 887 S.W.2d 862, 876 (Tex. Crim.
Rule Authority · Tex. App.
App. 2001) (citing Garcia v. State, 887 S.W.2d 862, 878 (Tex. Crim.
Rule Authority · Tex. App.
Garcia v. State, 887 S.W.2d 862, 876 (Tex. Crim.
green McGee v. State (2011)
Rule Authority · Tex. App.
Garcia v. *248 State, 887 S.W.2d 862, 876 (Tex.Crim.App.1994), overruled on other grounds by Hammock v. State, 46 S.W.3d 889 (Tex.Crim.App.2001) (noting that when an issue is not supported with explanation or argument, it was inadequately briefed).
Rule Authority · Tex. App.
Garcia v. State, 887 S.W.2d 862, 876 (Tex. Crim.
Rule Authority · Tex. App.
“Failure to make the required showing of either deficient performance or sufficient prejudice defeats the ineffectiveness claim.” Strickland, 466 U.S. at 700 ; see Thompson, 9 S.W.3d at 813 ; Garcia v. State, 887 S.W.2d 862, 880 (Tex. Crim.
Rule Authority · Tex. App.
Garcia v. State, 887 S.W.2d 862, 875 (Tex.Cr.App. 1994).
Rule Authority · Tex. App.
App. 2001); Garcia v. State , 887 S.W.2d 862, 878 (Tex. Crim.
Quote Authority · Tex. App. · signal: see also
App. 1974) (During the guilt-innocence phase of the trial, appealing to the jury that its job is to determine punishment is "a totally improper line of argument to pursue at the guilt/innocence stage of the proceedings."); see also Garcia v. State , 887 S.W.2d 862, 877 (Tex. Crim.
"Punishment may not be appropriately discussed by either side until and unless the defendant is convicted, i.e., at the punishment phase."
Rule Authority · Tex. App.
Garcia v. State , 887 S.W.2d 862, 875 (Tex. Crim.
Rule Authority · Tex. App.
Garcia v. State, 887 S.W.2d 862, 880 (Tex.Cr.App. 1994), cert. denied , 514 U.S. 1021 , 115 S.Ct. 1368 , 131 L.Ed.2d 223 (1995).
Rule Authority · Tex. App.
Garcia v. State, 887 S.W.2d 862, 878 (Tex. Crim.
Rule Authority · Tex. App.
Garcia v. State , 887 S.W.2d 862, 878 (Tex. Crim.
Rule Authority · Tex. App.
App. P. 38.1( i ). Â Â If none is provided, then the topic is inadequately briefed and, therefore, waived. Â Â Garcia v. State, 887 S.W.2d 862, 876 (Tex. Crim.
Rule Authority · Tex. App.
Garcia v. State, 887 S.W.2d 862, 880 (Tex.Cr.App. 1994), cert. denied , 514 U.S. 1021 , 115 S.Ct. 1368 , 131 L.Ed.2d 223 (1995).
Rule Authority · Tex. App.
Garcia v. State, 887 S.W.2d 862, 880 (Tex.Cr.App. 1994), cert. denied, 514 U.S. 1021 , 115 S.Ct. 1368 , 131 L.Ed.2d 223 (1995).
Rule Authority · Tex. App.
App. P. 38.1(h); Garcia v. State , 887 S.W.2d 862, 871 (Tex. Crim.
Rule Authority · Tex. App.
Garcia v. State, 887 S.W.2d 862, 880 (Tex.Cr.App. 1994), cert. denied , 514 U.S. 1021 , 115 S.Ct. 1368 , 131 L.Ed.2d 223 (1995).
green Byron Davis v. State (2005)
Quote Authority · Tex. App.
App. 2001) (“As we previously stated, however, K.H.'s testimony was admitted for all purposes because appellant failed to request a limiting instruction when the evidence was admitted.”); Garcia v. State , 887 S.W.2d 862, 878 (Tex. Crim.
“Appellant further ignores that once evidence is received without a proper limiting instruction, it becomes part of the general evidence in the case and may be used as proof to the full extent of its rational persuasive power.”