incident-unanimity instruction (Texas) · Go Syfert
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incident-unanimity instruction in Texas

5 Texas opinions name it 2 courts 2015–2026 3 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 (4)

CaseFollowedCited
Cosio v. Stategreen
texcrimapp · 2011 · cited in 3 Texas opinions naming this issue, 2015–2024
2 sentences

2024See Arrington, 451 S.W.3d at 844 (treating factor as neutral when arguments of counsel neither contributed to nor ameliorated error in the charge); Wesley, 2021 WL 5931677 , at *4 (similar); cf. Cosio, 353 S.W.3d at 777 (weighing arguments of counsel against egregious harm because “neither of the parties nor the trial judge added to the charge errors by telling the jury that it did not have to be unanimous about the specific instance of criminal conduct”); Young, 2020 WL 1695511 , at *3 (weighing arguments of counsel against egregious harm when counsel did not exacerbate charge error and lack

2015Admittedly, in Cosio , the Court of Criminal Appeals determined Cosio was not harmed by the trial court’s failure to give an incident-unanimity instruction. 353 S.W.3d at 777-78 .

13
State v. Martinez-Sanchezgreen
lactapp · 1990 · cited in 1 Texas opinions naming this issue, 2026–2026
1 sentence

2026See State v. Martinez-Sanchez, 563 So.2d 509, 513 (La.

11
Arrington, Charlesgreen
texcrimapp · 2015 · cited in 1 Texas opinions naming this issue, 2024–2024
1 sentence

2024See Arrington, 451 S.W.3d at 844 (treating factor as neutral when arguments of counsel neither contributed to nor ameliorated error in the charge); Wesley, 2021 WL 5931677 , at *4 (similar); cf. Cosio, 353 S.W.3d at 777 (weighing arguments of counsel against egregious harm because “neither of the parties nor the trial judge added to the charge errors by telling the jury that it did not have to be unanimous about the specific instance of criminal conduct”); Young, 2020 WL 1695511 , at *3 (weighing arguments of counsel against egregious harm when counsel did not exacerbate charge error and lack

11
Reeves, Gary Patrickgreen
texcrimapp · 2013 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015See Reeves, 420 S.W.3d at 816 ; Ngo, 175 S.W.3d at 743 ; Ochoa, 119 S.W.3d at 828 .

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 (3)

CaseCitedYears
In Re MP green
texapp · 2003
2 sentences

2015Because the same outcome would have resulted no matter if the incident-unanimity instruction had been given or not, appellant has suffered no harm.3 3 But see In re M.P., 126 S.W.3d 228 (Tex. App.—San Antonio 2003, no pet.) (holding otherwise). 20 IV.

2015Id. at 231-32 .

22015–2015
Ngo v. State green
texcrimapp · 2005
1 sentence

2015See Reeves, 420 S.W.3d at 816 ; Ngo, 175 S.W.3d at 743 ; Ochoa, 119 S.W.3d at 828 .

12015–2015
Ochoa v. State green
texapp · 2003
1 sentence

2015See Reeves, 420 S.W.3d at 816 ; Ngo, 175 S.W.3d at 743 ; Ochoa, 119 S.W.3d at 828 .

12015–2015

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