consequence of the charging error (Texas) · Go Syfert
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consequence of the charging error in Texas

33 Texas opinions name it 2 courts 1989–2022 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 (5)

CaseFollowedCited
LaPoint v. Stategreen
texcrimapp · 1988 · cited in 16 Texas opinions naming this issue, 1989–2022
2 sentences

2022If he is unable to do so, the error will not result in a reversal of his conviction.” LaPoint v. State, 750 S.W.2d 180, 191 (Tex. Crim. App. 1986) (op. on reh’g).

1989In LaPoint , at 191, we noted it is the defendant's burden under Art. 36.19, V.A.C.C.P., to persuade the reviewing court that he suffered some actual harm as a consequence of the charging error.

1316
Abdnor v. Stategreen
texcrimapp · 1994 · cited in 24 Texas opinions naming this issue, 1995–2009
2 sentences

2000And, "the burden of proof lies with the defendant to persuade the reviewing court that he suffered some actual harm as a consequence of the charging error." Id.

2000And, “the burden of proof lies with the defendant to persuade the reviewing court that he suffered some actual harm as a consequence of the charging error.” Id.

1124
Belyeu v. Stategreen
texcrimapp · 1989 · cited in 8 Texas opinions naming this issue, 1997–2009
2 sentences

2009Id. ; see also Belyeu v. State , 791 S.W.2d 66, 75 (Tex. Crim.

2002Id.; see also Belyeu v. State, 791 S.W.2d 66, 75 (Tex.Crim.App.1989); La-Point v. State, 750 S.W.2d 180, 191 (Tex.Crim.App.1986) (op. on reh’g); Gornick v. State, 947 S.W.2d 678, 681 (Tex.App.-Texarkana 1997, no pet.).

88
Gornick v. Stategreen
texapp · 1997 · cited in 3 Texas opinions naming this issue, 2002–2002
2 sentences

2002Id.; see also Belyeu v. State, 791 S.W.2d 66, 75 (Tex.Crim.App.1989); LaPoint v. State, 750 S.W.2d 180, 191 (Tex. Crim.App.1986) (op. on reh'g); Gornick v. State, 947 S.W.2d 678, 681 (Tex.App.-Texarkana 1997, no pet.).

2002Id.; see also Belyeu v. State, 791 S.W.2d 66, 75 (Tex.Crim.App.1989); La-Point v. State, 750 S.W.2d 180, 191 (Tex.Crim.App.1986) (op. on reh’g); Gornick v. State, 947 S.W.2d 678, 681 (Tex.App.-Texarkana 1997, no pet.).

33
Almanza v. Statered
texcrimapp · 1985 · cited in 2 Texas opinions naming this issue, 2000–2008
2 sentences

2008If he is unable to do so, the error will not result in a reversal of his conviction.”23 The statement was later relied on 18 Dickey, 22 S.W .3d, at 492. 19 Almanza, 686 S.W.2d, at 171 (emphasis in original). 20 Dickey, 22 S.W .3d, at 492. 21 Arline, 721 S.W.2d, at 351 (citing Almanza, 686 S.W .2d, at 171). 22 750 S.W.2d 180 (Tex. Cr.

2000In determining whether some harm exists, we must take into account “the entire jury-charge, the state of the evidence, including the contested issues and weight of probative evidence, the argument of counsel and any other relevant information revealed by the record of the trial as a whole.” Almanza, 686 S.W.2d at 171 .

12

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 (1)

CaseCitedYears
Arline v. State green
texcrimapp · 1986
1 sentence

2008If he is unable to do so, the error will not result in a reversal of his conviction.”23 The statement was later relied on 18 Dickey, 22 S.W .3d, at 492. 19 Almanza, 686 S.W.2d, at 171 (emphasis in original). 20 Dickey, 22 S.W .3d, at 492. 21 Arline, 721 S.W.2d, at 351 (citing Almanza, 686 S.W .2d, at 171). 22 750 S.W.2d 180 (Tex. Cr.

12008–2008

Statutes the citing opinions construe

TX § Tex. Penal Code § 12.42 (4) TX § Tex. Penal Code § 2.01 (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.

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