constitutional unanimity requirement (Texas) · Go Syfert
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constitutional unanimity requirement in Texas

5 Texas opinions name it 1 courts 2016–2025 1 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 (3)

CaseFollowedCited
Stuhler v. Stategreen
texcrimapp · 2007 · cited in 1 Texas opinions naming this issue, 2025–2025
1 sentence

2025See Stuhler v. State, 218 S.W.3d 706 , 716–20 (Tex. Crim.

11
Dale Fulmer v. Stategreen
texapp · 2013 · cited in 1 Texas opinions naming this issue, 2018–2018
1 sentence

2018See Navarro v. State, ___ S.W.3d ___, No. 10-16-00173-CR, 2017 WL 5182439 , at *1–2 (Tex. App.—Waco Nov. 8, 2017, no pet. h.) (rejecting appellant’s argument that section 21.02 violates the constitutional unanimity requirement because “the individual acts of sexual abuse are the manner and means by which the element of ‘two or more acts of sexual abuse’ is committed, and not elements in and of themselves”); Fulmer v. State, 401 S.W.3d 305, 313 (Tex. App.—San Antonio 2013, pet. ref’d) (same); McMillian v. State, 388 S.W.3d 866 , 871–73 (Tex. App.—Houston [14th Dist.] 2012, no pet.) (“We believe

11
Kennedy v. Stategreen
kyctapp · 2012 · cited in 1 Texas opinions naming this issue, 2018–2018
1 sentence

2018See Navarro v. State, ___ S.W.3d ___, No. 10-16-00173-CR, 2017 WL 5182439 , at *1–2 (Tex. App.—Waco Nov. 8, 2017, no pet. h.) (rejecting appellant’s argument that section 21.02 violates the constitutional unanimity requirement because “the individual acts of sexual abuse are the manner and means by which the element of ‘two or more acts of sexual abuse’ is committed, and not elements in and of themselves”); Fulmer v. State, 401 S.W.3d 305, 313 (Tex. App.—San Antonio 2013, pet. ref’d) (same); McMillian v. State, 388 S.W.3d 866 , 871–73 (Tex. App.—Houston [14th Dist.] 2012, no pet.) (“We believe

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 (7)

CaseCitedYears
Cosio v. State green
texcrimapp · 2011
2 sentences

2016Id. at 776 ; see Tex. R.

2016Id. at 776 ; see TEX.R.APP.P. 33.1(a).

32016–2016
Holford v. State green
texapp · 2005
1 sentence

2025We hold that the trial court’s instructions require the jurors to agree that Holford committed that single act (either directly or via transferred intent), and thus the trial court did not err in failing to instruct the jury that it must agree unanimously on the manner of [decedent’s] murder. 177 S.W.3d at 463 ; see also Sanchez v. State, No. 03-13-00050-CR, 2013 WL 4487562 , at *6 (Tex. App.—Austin Aug. 15, 2013, pet. ref’d) (mem. op., not designated for publication) (“[The Court of Criminal Appeals] makes it clear that multiple theories of party liability under section 7.02 may be listed dis

12025–2025
Casey v. State green
texapp · 2011
1 sentence

2018See Navarro v. State, ___ S.W.3d ___, No. 10-16-00173-CR, 2017 WL 5182439 , at *1–2 (Tex. App.—Waco Nov. 8, 2017, no pet. h.) (rejecting appellant’s argument that section 21.02 violates the constitutional unanimity requirement because “the individual acts of sexual abuse are the manner and means by which the element of ‘two or more acts of sexual abuse’ is committed, and not elements in and of themselves”); Fulmer v. State, 401 S.W.3d 305, 313 (Tex. App.—San Antonio 2013, pet. ref’d) (same); McMillian v. State, 388 S.W.3d 866 , 871–73 (Tex. App.—Houston [14th Dist.] 2012, no pet.) (“We believe

12018–2018
Ngo v. State green
texcrimapp · 2005
1 sentence

2018He notes that, regardless of legislative intent, it is a violation of his due process rights for the State to allege a “laundry list of different criminal acts and let the jurors take their pick on which each believes the defendant committed.” Ngo, 175 S.W.3d at 745 .

12018–2018
Bruce Alan McMillian v. State green
texapp · 2012
1 sentence

2018See Navarro v. State, ___ S.W.3d ___, No. 10-16-00173-CR, 2017 WL 5182439 , at *1–2 (Tex. App.—Waco Nov. 8, 2017, no pet. h.) (rejecting appellant’s argument that section 21.02 violates the constitutional unanimity requirement because “the individual acts of sexual abuse are the manner and means by which the element of ‘two or more acts of sexual abuse’ is committed, and not elements in and of themselves”); Fulmer v. State, 401 S.W.3d 305, 313 (Tex. App.—San Antonio 2013, pet. ref’d) (same); McMillian v. State, 388 S.W.3d 866 , 871–73 (Tex. App.—Houston [14th Dist.] 2012, no pet.) (“We believe

12018–2018
Render v. State green
texapp · 2010
1 sentence

2018See Navarro v. State, ___ S.W.3d ___, No. 10-16-00173-CR, 2017 WL 5182439 , at *1–2 (Tex. App.—Waco Nov. 8, 2017, no pet. h.) (rejecting appellant’s argument that section 21.02 violates the constitutional unanimity requirement because “the individual acts of sexual abuse are the manner and means by which the element of ‘two or more acts of sexual abuse’ is committed, and not elements in and of themselves”); Fulmer v. State, 401 S.W.3d 305, 313 (Tex. App.—San Antonio 2013, pet. ref’d) (same); McMillian v. State, 388 S.W.3d 866 , 871–73 (Tex. App.—Houston [14th Dist.] 2012, no pet.) (“We believe

12018–2018
Jacobsen v. State green
texapp · 2010
1 sentence

2018See Navarro v. State, ___ S.W.3d ___, No. 10-16-00173-CR, 2017 WL 5182439 , at *1–2 (Tex. App.—Waco Nov. 8, 2017, no pet. h.) (rejecting appellant’s argument that section 21.02 violates the constitutional unanimity requirement because “the individual acts of sexual abuse are the manner and means by which the element of ‘two or more acts of sexual abuse’ is committed, and not elements in and of themselves”); Fulmer v. State, 401 S.W.3d 305, 313 (Tex. App.—San Antonio 2013, pet. ref’d) (same); McMillian v. State, 388 S.W.3d 866 , 871–73 (Tex. App.—Houston [14th Dist.] 2012, no pet.) (“We believe

12018–2018

Where else courts name it

TX 5 (2016–2025) UT 2 (2020–2023)

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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