insufficiency of the evidence claim (Texas) · Go Syfert
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insufficiency of the evidence claim in Texas

32 Texas opinions name it 2 courts 1987–2021 2 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 (13)

CaseFollowedCited
Plas-Tex, Inc. v. U.S. Steel Corp.green
tex · 1989 · cited in 11 Texas opinions naming this issue, 1992–2008
2 sentences

2008Plas-Tex, Inc. v. U.S. Steel Corp., 772 S.W.2d 442, 445 (Tex.1989).

2008Plas-Tex, Inc. v. U.S. Steel Corp. , 772 S.W.2d 442, 445 (Tex. 1989).

1111
Sosa v. City of Balch Springsgreen
tex · 1989 · cited in 2 Texas opinions naming this issue, 1994–1995
2 sentences

1995Sosa v. City of Balch Springs, 772 S.W.2d 71, 72 (Tex.1989).

1994Sosa v. City of Balch Springs, 772 S.W.2d 71, 72 (Tex.1989); Plas-Tex, Inc. v. United States Steel Corp., 772 S.W.2d 442, 445 (Tex.1989).

22
Hernandez v. Stategreen
texcrimapp · 2017 · cited in 1 Texas opinions naming this issue, 2021–2021
1 sentence

2021When reviewing for evidentiary sufficiency, “evidence is considered sufficient to support a conviction when, after considering all of the evidence in the light most favorable to the prosecution, a reviewing court concludes that any rational trier of fact could have found the essential elements of the offense beyond a reasonable doubt.” Hernandez v. State, 556 S.W.3d 308, 315 (Tex. Crim.

11
cluster 22507green
· · cited in 1 Texas opinions naming this issue, 2001–2001
2 sentences

2001United States v. Sprick, 233 F.3d 845, 853 (5th Cir.2000)(footnotes omitted); see also Tsinhnahijinnie, 112 F.3d at 991 (analyzing variance claim under Jackson , court stated that variance is immaterial where it is "`not of a character which could have misled the defendant at the trial' and there is no danger of double jeopardy") (citations omitted); Woods v. State, 244 Ga.App. 359 , 535 S.E.2d 524, 525 (2000)(analyzing variance claim under Jackson , court said proper inquiry focuses on materiality: allegations must sufficiently inform defendant of charges against him so as to enable him to pr

2001United States v. Sprick, 233 F.3d 845, 853 (5th Cir.2000)(footnotes omitted); see also Tsinhnahijinnie, 112 F.3d at 991 (analyzing variance claim under Jackson , court stated that variance is immaterial where it is “ ‘not of a character which could have misled the defendant at the trial’ and there is no danger of double jeopardy”) (citations omitted); Woods v. State, 244 Ga.App. 359 , 535 S.E.2d 524, 525 (2000)(analyzing variance claim under Jackson , court said proper inquiry focuses on materiality: allegations must sufficiently inform defendant of charges against him so as to enable him to p

11
Woods v. Stategreen
gactapp · 2000 · cited in 1 Texas opinions naming this issue, 2001–2001
2 sentences

2001United States v. Sprick, 233 F.3d 845, 853 (5th Cir.2000)(footnotes omitted); see also Tsinhnahijinnie, 112 F.3d at 991 (analyzing variance claim under Jackson , court stated that variance is immaterial where it is “ ‘not of a character which could have misled the defendant at the trial’ and there is no danger of double jeopardy”) (citations omitted); Woods v. State, 244 Ga.App. 359 , 535 S.E.2d 524, 525 (2000)(analyzing variance claim under Jackson , court said proper inquiry focuses on materiality: allegations must sufficiently inform defendant of charges against him so as to enable him to p

2001United States v. Sprick, 233 F.3d 845, 853 (5th Cir.2000)(footnotes omitted); see also Tsinhnahijinnie, 112 F.3d at 991 (analyzing variance claim under Jackson , court stated that variance is immaterial where it is “ ‘not of a character which could have misled the defendant at the trial’ and there is no danger of double jeopardy”) (citations omitted); Woods v. State, 244 Ga.App. 359 , 535 S.E.2d 524, 525 (2000)(analyzing variance claim under Jackson , court said proper inquiry focuses on materiality: allegations must sufficiently inform defendant of charges against him so as to enable him to p

11
Castillo v. Stategreen
texcrimapp · 1995 · cited in 1 Texas opinions naming this issue, 1999–1999
2 sentences

1999Castillo v. State, 913 S.W.2d 529, n. 3 (Tex.Crim.App.1995) (plurality opinion); see also Munoz, supra. By ignoring the caselaw discussed in this opinion, it seems the majority intends to overrule it sub silentio. [4] *469 I cannot guess at the majority's motivation to today render an insufficiency of the evidence claim under the accomplice witness rule divorced from any federal constitutional principles.

1999Castillo v. State, 913 S.W.2d 529, n. 3 (Tex.Crim.App.1995) (plurality opinion); see also Munoz, supra. By ignoring the caselaw discussed in this opinion, it seems the majority intends to overrule it sub silentio. 4 I cannot guess at the majority’s motivation to today render an insufficiency of the evidence claim under the accomplice witness rule divorced from any federal constitutional principles.

11
Munoz v. Stategreen
texcrimapp · 1993 · cited in 1 Texas opinions naming this issue, 1999–1999
2 sentences

1999Castillo v. State, 913 S.W.2d 529, n. 3 (Tex.Crim.App.1995) (plurality opinion); see also Munoz, supra. By ignoring the caselaw discussed in this opinion, it seems the majority intends to overrule it sub silentio. [4] *469 I cannot guess at the majority's motivation to today render an insufficiency of the evidence claim under the accomplice witness rule divorced from any federal constitutional principles.

1999Castillo v. State, 913 S.W.2d 529, n. 3 (Tex.Crim.App.1995) (plurality opinion); see also Munoz, supra. By ignoring the caselaw discussed in this opinion, it seems the majority intends to overrule it sub silentio. 4 I cannot guess at the majority’s motivation to today render an insufficiency of the evidence claim under the accomplice witness rule divorced from any federal constitutional principles.

11
Engstrom v. First National Bank of Eagle Lakegreen
texapp · 1997 · cited in 1 Texas opinions naming this issue, 1998–1998
2 sentences

1998Bank, 936 S.W.2d 438, 445 (Tex.App.—Houston [14th Dist.] 1997, writ denied.) If there is some evidence supporting the finding, we then review the insufficiency of the evidence claim.

1998Bank, 936 S.W.2d 438, 445 (Tex.App.—Houston [14th Dist.] 1997, writ denied.) If there is some evidence supporting the finding, we then review the insufficiency of the evidence claim.

11
Jaffe Aircraft Corp. v. Carrgreen
tex · 1993 · cited in 1 Texas opinions naming this issue, 1997–1997
1 sentence

1997See Jaffe Aircraft Corp. v. Carr, 867 S.W.2d 27, 29 (Tex.1993).

11
Valdez v. Stategreen
texcrimapp · 1989 · cited in 1 Texas opinions naming this issue, 1992–1992
1 sentence

1992The standard of review for an insufficiency of the evidence claim as to special issue two is the same as set forth in our disposition of the preceding point of error; that is, whether the evidence, when viewed in the light most favorable to the verdict, would lead any rational trier of fact to find beyond a reasonable doubt that the answer to the special issue is “yes.” Valdez v. State, 776 S.W.2d 162, 166 (Tex.Cr.App.1989).

11
Croucher v. Crouchergreen
tex · 1983 · cited in 1 Texas opinions naming this issue, 1990–1990
1 sentence

1990See Croucher, 660 S.W.2d at 58 .) Hence, we deem the appropriate standard of review is an insufficiency of the evidence standard.

11
Burks v. Stategreen
texcrimapp · 1985 · cited in 1 Texas opinions naming this issue, 1989–1989
1 sentence

1989Jackson v. Virginia, 443 U.S. 307, 320 , 99 S.Ct. 2781, 2789-90 , 61 L.Ed.2d 560 (1979); Burks v. State, 693 S.W.2d 932, 937 (Tex.Crim.App.1985).

11
James v. Stategreen
texcrimapp · 1976 · cited in 1 Texas opinions naming this issue, 1987–1987
2 sentences

1987In James v. State, 538 S.W.2d 414, 416 (Tex.Crim.App. 1976), the Court described corroborating evidence as that "which tends to connect the defendant with the offense in order to support a conviction" based on such testimony.

1987In James v. State, 538 S.W.2d 414, 416 (Tex.Crim.App. 1976), the Court described corroborating evidence as that “which tends to connect the defendant with the offense in order to support a conviction” based on such testimony.

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
Jackson v. Virginia red
scotus · 1979
2 sentences

2015Applicant's evidence establising an insufficiency-of-the-evidence standard equivalent to that of Jackson vi Virgina, 443 U.S. 307 (1979); the logic of presentation of the evidence, newly discovered and suppressed evidence is tomnake clear, the Applicant evidence, if presented to the jury and used properly would have established that a fact finder would not have found this applicant 'guilty of attempted theft. 4 l However, the Glerk' S Record, which is part of the habeas record and the ' same should be made part, contain no complaint by Western World Insurance Group and that along that state di

2015The suppressed evidencs, the state knew existed andaello&@ it to go uncorrected_. _5_ V Applicant's evidence establising an insufficiency-of-the-evidence standard equivalent to that of Jackson vi Virgina, 443 U.S. 307 (1979), the logic of presentation of the evidencs, newly discovered and suppressed evidence is toomake clear, the Applicant evidence, if presented to the jury and used properly would have established that a fact finder would not have found this applicant guilty of attempted theft.

41989–2015
Wesbrook v. State green
texcrimapp · 2000
2 sentences

2020Id.

2019Id.

32019–2020
Gilgon, Inc. v. Hart green
texapp · 1995
2 sentences

2003Id. at 569-70 .

2003Id. at 569-70 .

22003–2003
State v. Herndon green
texcrimapp · 2007
1 sentence

2021Moreover, Gallien never indicated in his motion or at the hearing that he was relying on Juror No. 32’s note to support an insufficiency-of-the-evidence claim, nor did he “at any point, advance a claim that the evidence admitted was insufficient to sustain a guilty verdict.” See id.

12021–2021
In Re King's Estate green
tex · 1951
1 sentence

2004Id.

12004–2004
Lehman v. State green
texcrimapp · 1990
2 sentences

2001Although this Court has suggested in at least one case that variance law is not a type of an insufficiency of the evidence claim, Lehman v. State, 792 S.W.2d 82 (Tex.Crim.App.1990)(criticizing statement in another case as "confusing because it blurs the variance concept with the related but distinct notion of insufficient evidence"), we have nonetheless continued to treat variance as an evidentiary sufficiency issue under Jackson and Burks .

2001Although this Court has suggested in at least one case that variance law is not a type of an insufficiency of the evidence claim, Lehman v. State, 792 S.W.2d 82 (Tex.Crim.App.1990)(criticizing statement in another case as "confusing because it blurs the variance concept with the related but distinct notion of insufficient evidence”), we have nonetheless continued to treat variance as an evidentiary sufficiency issue under Jackson and Burks .

12001–2001
Lofton v. Texas Brine Corp. green
tex · 1986
1 sentence

1995Lofton v. Texas Brine Corp., 720 S.W.2d 804 (Tex.1986).

11995–1995

Where else courts name it

UT 33 (1998–2025) TX 32 (1987–2021) CA 30 (1994–2026) CT 28 (1991–2026) WA 14 (2004–2025) LA 11 (1988–2025) MN 10 (1987–2026) DC 9 (2016–2025) OH 6 (1999–2016) VI 6 (2010–2016) KY 5 (2007–2024) MI 4 (2016–2026) PA 4 (2007–2024) WV 3 (2018–2026) IL 3 (2005–2009) AL 3 (1995–2009) DE 3 (1999–2026) ND 2 (2013–2017) MO 2 (2013–2023) CO 2 (2005–2017) IA 2 (2006–2015)

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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