gave instruction (Texas) · Go Syfert
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gave instruction in Texas

42 Texas opinions name it 4 courts 1919–2026 7 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (17)

CaseFollowedCited
Fuller v. Stategreen
texcrimapp · 1992 · cited in 5 Texas opinions naming this issue, 2003–2009
2 sentences

2009Cf. Fuller v. State, 827 S.W.2d 919, 926 (Tex.Crim.App. 1992) (instruction given morning after objectionable reference to collateral offense too late to cure error by itself).

2009Cf. Fuller v. State, 827 S.W.2d 919, 926 (Tex.Crim.App. 1992) (instruction given morning after objectionable reference to collateral offense too late to cure error by itself).

55
Thrift v. Stategreen
texcrimapp · 2005 · cited in 3 Texas opinions naming this issue, 2019–2023
2 sentences

2023Id. reprimand during his time as interim police chief, as well as his employment record, which showed that he had worked for five or six police departments since 2009. 13 Here, the trial court gave an instruction to disregard Officer Brown’s nonresponsive answer, and Wood does not direct us to any evidence that the jury failed to follow that instruction.

2023See id.

33
Hawkins v. Stategreen
texcrimapp · 2004 · cited in 2 Texas opinions naming this issue, 2011–2011
2 sentences

2011See Hawkins, 135 S.W.3d at 77 ; 32 Mosley, 983 S.W.2d at 259 .

2011See Hawkins , 135 S.W.3d at 77 ; Mosley , 983 S.W.2d at 259 .

22
Griggs v. Stategreen
texcrimapp · 2007 · cited in 2 Texas opinions naming this issue, 2009–2009
2 sentences

2009Cf. Griggs, 213 S.W.3d at 927 (holding that appellant’s motion for mistrial was untimely and failed to preserve his complaint for appellate review); Mitchell, 1998 WL 78122 , at *3 (holding that appellant’s motion for mistrial was properly denied when the court gave an instruction to disregard, even though appellant contended that the State’s closing argument that he was a “violent, angry person” was clearly calculated to inflame the jury and was harmful). 10 The Court erred in admitting evidence that did not substantially establish that aggravated sexual assault had occurred.

2009Cf. Griggs , 213 S.W.3d at 927 (holding that appellant’s motion for mistrial was untimely and failed to preserve his complaint for appellate review); Mitchell , 1998 WL 78122 , at *3 (holding that appellant’s motion for mistrial was properly denied when the court gave an instruction to disregard, even though appellant contended that the State’s closing argument that he was a “violent, angry person” was clearly calculated to inflame the jury and was harmful).

22
Archie v. Stategreen
texapp · 2006 · cited in 2 Texas opinions naming this issue, 2007–2007
2 sentences

2007In the charge to the jury, the jury was instructed not to refer to or allude to [appellant's] decision not to testify and not to take his decision into consideration for any purpose as a circumstance against him." Archie , at 435 (Gray, C.J., concurring and dissenting). [1] Justice Reyna issued a lead opinion, which was not joined in its entirety by either of the other members of the court.

2007In the charge to the jury, the jury was instructed not to refer to or allude to [appellant's] decision not to testify and not to take his decision into consideration for any purpose as a circumstance against him." Archie , at 435 (Gray, C.J., concurring and dissenting).

22
Jesse Beam v. Stategreen
texapp · 2014 · cited in 1 Texas opinions naming this issue, 2026–2026
1 sentence

2026To the extent it is relevant to our review, we note that the trial court gave an instruction directing the jury that it may consider the evidence regarding Sister’s extraneous-offense testimony only if they first found beyond a reasonable doubt that Appellant committed the offenses and that even if they did, that “the defendant is not on trial for any offenses not alleged in the indictment” and that they “must determine if the State proved all elements for the offense alleged in the 13 indictment.” Cf. Beam v. State, 447 S.W.3d 401, 405 (Tex. App.—Houston [14th Dist.] 2014, no pet.) (noting th

11
Lane v. Stategreen
texcrimapp · 1996 · cited in 1 Texas opinions naming this issue, 2024–2024
1 sentence

2024See Lane v. State, 933 S.W.2d 504, 520 (Tex. Crim.

11
Young v. Stategreen
texcrimapp · 2009 · cited in 1 Texas opinions naming this issue, 2022–2022
1 sentence

2022App. 2003). 112 Young v. State, 283 S.W.3d 854, 878 (Tex. Crim.

11
Simpson v. Stategreen
texcrimapp · 2003 · cited in 1 Texas opinions naming this issue, 2022–2022
1 sentence

2022The trial court gave an instruction to disregard, and ordinarily a prompt instruction to disregard will cure error associated with an improper question and answer.111 And generally, such an instruction will cure prejudice from a witness’s inadvertent reference to an extraneous offense112 or from a nonresponsive answer.113 An instruction to disregard is more likely to cure prejudice when the improper reference is isolated.114 Ranger O’Connor’s reference to bundles of marijuana was an isolated, nonresponsive answer and the trial court’s instruction to disregard was prompt, occurring immediately

11
Teodora Hinojosa v. Stategreen
texapp · 2018 · cited in 1 Texas opinions naming this issue, 2021–2021
1 sentence

2021See Hinojosa v. State, 555 S.W.3d at 267-268 (acts of sexual abuse in another county considered for sufficiency review); 1 Because the State could not guarantee that the child victims would not spontaneously discuss conduct not contained in the indictment, the trial court gave a standard extraneous offense limiting instruction: You are instructed that if there is any testimony before you in this case regarding the Defendant having committed any offenses, if any, other than the offenses alleged against him in the indictment in this case, you cannot consider said testimony for any purpose unless

11
Osmin Agruelles Meraz v. Stategreen
texapp · 2013 · cited in 1 Texas opinions naming this issue, 2021–2021
1 sentence

2021King v. State Page 10 Meraz, 415 S.W.3d at 506 (same).

11
San Jose Pacific Building & Loan Ass'n v. Corumgreen
calctapp · 1934 · cited in 1 Texas opinions naming this issue, 2018–2018
1 sentence

2018In Banes v. Dunger, 181 2 Cal. App. 2d 276, 282 [ 5 Cal. Rptr. 278 ], the court gave an instruction to the effect that the jury was not to speculate as to any injuries claimed by the plaintiffs, and that if the evidence left the existence or cause of any alleged injuries a matter of conjecture or doubt, that then the plaintiffs had not sustained the burden of proof.

11
Capello v. Stategreen
texapp · 1989 · cited in 1 Texas opinions naming this issue, 2017–2017
1 sentence

2017See Capello v. State, 775 S.W.2d 476, 489 (Tex. App.—Austin 1989, pet. ref'd) (holding no error existed where' six veniremembers initially expressed concerns about a defendant’s decision not to testify but then expressed no more concern after the court instructed . them on the law).

11
Kirsch, Scott Alangreen
texcrimapp · 2012 · cited in 1 Texas opinions naming this issue, 2017–2017
1 sentence

2017Finally, on the issue of a dog being tangible personal property, such a definition is not present in the Parks and Wildlife Code, and a “trial court may not include an instruction that focuses the jury’s attention on a specific type of evidence that may support a finding of an element of an offense.” Kirsch v. State, 357 S.W.3d 645, 651 (Tex. Crim.

11
Garza v. Stategreen
texcrimapp · 1982 · cited in 1 Texas opinions naming this issue, 2014–2014
1 sentence

2014See Garza, 633 S.W.2d at 512 ; Louis, 825 S.W.2d at 756 .

11
Love v. Stategreen
texapp · 1992 · cited in 1 Texas opinions naming this issue, 1994–1994
1 sentence

1994See Love v. State, 833 S.W.2d 264, 266 (Tex.App.—Austin 1992, pet. ref'd).

11
Britt v. North Carolinagreen
scotus · 1971 · cited in 1 Texas opinions naming this issue, 1980–1980
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (25)

CaseCitedYears
Mosley v. State green
texcrimapp · 1998
2 sentences

2011See Hawkins, 135 S.W.3d at 77 ; 32 Mosley, 983 S.W.2d at 259 .

2011See Hawkins , 135 S.W.3d at 77 ; Mosley , 983 S.W.2d at 259 .

22011–2011
French, Cody Darus green
texcrimapp · 2018
1 sentence

2022We therefore conclude that this factor therefore weighs heavily against a finding of harm. 12 We note that the trial court gave defense counsel wide latitude to make that argument, overruling the State’s objection that there was no medical testimony to support defense counsel’s claim that the tasing caused “neuromuscular incapacitation,” which he characterized as being “strong, involuntary, long muscle contractions.” In addition, defense counsel argued—without objection—that the officers had testified that Appellant had lost all voluntary use of his body, when in fact, as the State’s attorney

12022–2022
Banes v. Dunger green
calctapp · 1960
1 sentence

2018In Banes v. Dunger, 181 2 Cal. App. 2d 276, 282 [ 5 Cal. Rptr. 278 ], the court gave an instruction to the effect that the jury was not to speculate as to any injuries claimed by the plaintiffs, and that if the evidence left the existence or cause of any alleged injuries a matter of conjecture or doubt, that then the plaintiffs had not sustained the burden of proof.

12018–2018
Louis v. State green
texapp · 1992
1 sentence

2014See Garza, 633 S.W.2d at 512 ; Louis, 825 S.W.2d at 756 .

12014–2014
Blake v. State green
texcrimapp · 1998
1 sentence

2012Blake, 971 S.W.2d at 454-55 .

12012–2012
Dennis v. State green
texapp · 2006
2 sentences

2009Blackwell, 193 S.W.3d at 16-17 ; Dennis, 178 S.W.3d at 181 .

2009Blackwell, 193 S.W.3d at 16-17 ; Dennis, 178 S.W.3d at 181 .

12009–2009
Blackwell v. State green
texapp · 2006
2 sentences

2009Blackwell, 193 S.W.3d at 16-17 ; Dennis, 178 S.W.3d at 181 .

2009Blackwell, 193 S.W.3d at 16-17 ; Dennis, 178 S.W.3d at 181 .

12009–2009
Jones v. State green
texcrimapp · 1997
1 sentence

2007NOTES [1] Jones v. State, 942 S.W.2d 1 , 2 n. 1 (Tex. Crim.App.1997). [2] In his opinion concurring and dissenting, Chief Justice Gray noted that "the trial court gave an instruction that the jury would follow the court's instructions.

12007–2007
Golden v. State green
texcrimapp · 1993
1 sentence

2006Id.

12006–2006
Tucker v. State green
texcrimapp · 1988
2 sentences

1996Tucker, 771 S.W.2d at 534 .

1996Tucker, 771 S.W.2d at 534 .

11996–1996
Waldo v. State green
texcrimapp · 1988
1 sentence

1993Waldo, 746 S.W.2d at 752 .

11993–1993
Young v. Members Life Insurance Co. neutral
texapp · 1981
1 sentence

1989Young v. Members Life Insurance Company, 624 S.W.2d 821 (Tex.App.—El Paso 1981, no writ).

11989–1989
Rose v. State green
texcrimapp · 1988
1 sentence

1989Here, as in Rose, 752 S.W.2d at 554 , the court gave an instruction in addition to that required by art. 37.07, stating: You are not to discuss among yourselves how long the accused would be required to serve the sentence that you impose.

11989–1989
Sorrells v. United States green
scotus · 1932
2 sentences

1984It was not until Sorrells v. United States, 287 U.S. 435 , 53 S.Ct. 210 , 77 L.Ed. 413 (1932), that the Court gave the doctrine careful consideration and undertook to examine its rationale, determine its validity, and prescribe the applicable procedure. .V.T.C.A.

1984It was not until Sorrells v. United States, 287 U.S. 435 , 53 S.Ct. 210 , 77 L.Ed. 413 (1932), that the Court gave the doctrine careful consideration and undertook to examine its rationale, determine its validity, and prescribe the applicable procedure. .V.T.C.A.

11984–1984
Texas Employers' Insurance v. Mallard green
· 1944
11974–1974
Evans v. State green
texcrimapp · 1973
11973–1973
Sanders v. Worthington neutral
texapp · 1961
11964–1964
Swearingen v. Brown green
texapp · 1946
11964–1964
Hickman v. Durham neutral
texapp · 1948
11954–1954
Southland Greyhound Lines, Inc. v. Cotten green
· 1936
11937–1937
Forest v. State green
texcrimapp · 1927
11936–1936
Rojas v. State neutral
texcrimapp · 1936
11936–1936
Taylor v. State green
texcrimapp · 1933
11933–1933
Bryant v. Continental Casualty Co. neutral
· 1916
11925–1925
Brincefield v. Allen neutral
texapp · 1901
11919–1919

Statutes the citing opinions construe

TX § Tex. Penal Code § 29.01 (5) TX § Tex. Penal Code § 29.03 (5) TX § Tex. Penal Code § 22.021 (4) TX § Tex. Penal Code § 29.02 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 265 (1899–2026) MO 88 (1877–2025) IL 70 (1883–2024) WA 66 (1906–2026) FL 45 (1970–2025) TX 42 (1919–2026) IN 41 (1835–2018) NY 33 (1930–2024) OK 32 (1897–2009) AR 30 (1861–2010) OH 29 (1982–2026) MI 25 (1926–2025) KY 24 (1912–2016) GA 23 (1974–2025) OR 22 (1963–2026) KS 21 (1900–2020) CT 20 (1913–2022) CO 19 (1947–2026) IA 19 (1882–2017) NC 19 (1929–2026) NE 19 (1907–2023) AZ 18 (1945–2019) PA 18 (1932–2026) VA 15 (1929–2026) DC 13 (1974–2014) LA 11 (1984–2020) MN 11 (1974–2026) AL 11 (1918–2013) WY 10 (1907–2025) ID 9 (1932–2013) NM 9 (1952–2018) TN 9 (1934–2026) NJ 8 (1976–2025) MS 8 (1967–2026) MT 7 (1905–1988) WV 7 (1891–2016) UT 6 (1911–2022) NH 6 (1970–2017) HI 5 (1962–2015) SD 5 (1900–1999) MD 5 (1970–2021) NV 4 (1914–2014) ME 4 (1991–2005) ND 4 (1974–2003) WI 4 (1958–1995) AK 3 (1971–1985)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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