emphasis error (Texas) · Go Syfert
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emphasis error in Texas

28 Texas opinions name it 2 courts 1986–2025 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 (13)

CaseFollowedCited
Motilla v. Stategreen
texcrimapp · 2002 · cited in 11 Texas opinions naming this issue, 2005–2015
2 sentences

2015See Motilla, 78 S.W.3d at 356 (observing that the State’s emphasis of the error at trial is a factor to be considered in harm analysis); King v. State, 953 S.W.2d 266, 272 (Tex. Crim.

2010See Motilla v. State, 78 S.W.3d 352, 356-57 (Tex. Crim.App.2002) (endorsing the State's emphasis of the error as a factor and stating that "our conclusion in Harris, that overwhelming evidence of guilt is a factor to be considered" applies in Rule 44.2(b) analyses); King v. State, 953 S.W.2d 266, 272 (Tex.Crim.App. 1997) (that the State did not emphasize the error supported our conclusion that the appellant's substantial rights were not affected under Rule 44.2(b)).

611
King v. Stategreen
texcrimapp · 1997 · cited in 4 Texas opinions naming this issue, 2010–2015
2 sentences

2015See Motilla, 78 S.W.3d at 356 (observing that the State’s emphasis of the error at trial is a factor to be considered in harm analysis); King v. State, 953 S.W.2d 266, 272 (Tex. Crim.

2010See Motilla v. State, 78 S.W.3d 352, 356-57 (Tex. Crim.App.2002) (endorsing the State's emphasis of the error as a factor and stating that "our conclusion in Harris, that overwhelming evidence of guilt is a factor to be considered" applies in Rule 44.2(b) analyses); King v. State, 953 S.W.2d 266, 272 (Tex.Crim.App. 1997) (that the State did not emphasize the error supported our conclusion that the appellant's substantial rights were not affected under Rule 44.2(b)).

44
Snowden, Rion Phealgreen
texcrimapp · 2011 · cited in 2 Texas opinions naming this issue, 2013–2015
2 sentences

2015Snowden v. State, 353 S.W.3d 815, 822 (Tex. Crim.

2013Snowden v. State, 353 S.W.3d 815, 822 (Tex.Crim.App.2011).

22
Haley v. Stategreen
texcrimapp · 2005 · cited in 6 Texas opinions naming this issue, 2009–2015
2 sentences

2015Id. at 518–19. 14 After a thorough review of the record, we conclude that the harm from admitting the portions of Clipper’s testimony at issue here was minimal.

2015Id. at 518–19.

16
Jourdan, Ricardogreen
texcrimapp · 2014 · cited in 1 Texas opinions naming this issue, 2015–2015
2 sentences

2015Had it believed appellant rather than H.A., it would have acquitted him of all charges.”33 The emphasis on defense strategy is not limited to unanimity cases,34 and 30 428 S.W.3d 86, 99 (Tex. Crim.

2015App. 2014). 31 Id. at 98 . 32 __ S.W.3d__, 2015 Tex. Crim.

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

2015App. 2014). 31 Id. at 98 . 32 __ S.W.3d__, 2015 Tex. Crim.

11
Barnum v. Stategreen
texapp · 2000 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015See Barnum v. State, State 7 S.W.3d 782, 794 (Tex.App.– Amarillo 1999, pet. ref’d).

11
Marsh v. Stategreen
texapp · 2003 · cited in 1 Texas opinions naming this issue, 2015–2015
2 sentences

2015State 115 S.W.3d 709 , 721 See Marsh v. State, (Tex.App.– Austin 2003, pet. ref’d) (“The prosecutor in closing ... stressed and overemphasized the erroneously admitted ... evidence.”).

2015See Marsh v. State, State 115 S.W.3d 709, 721 (Tex.App.– Austin 2003, pet. ref’d) (“The prosecutor in closing ... stressed and overemphasized the erroneously admitted ... evidence.”).

11
Williams v. Stategreen
texapp · 1996 · cited in 1 Texas opinions naming this issue, 1998–1998
1 sentence

1998Id. at 587-88 ; Williams v. State, 916 S.W.2d 53, 56 (Tex.App.-Houston [1st Dist] 1996, no pet.).

11
United States v. Donald Eugene Colyergreen
ca5 · 1978 · cited in 1 Texas opinions naming this issue, 1986–1986
1 sentence

1986See, United States v. Colyer, 571 F.2d 941, 942, 947 (5th Cir.), cert. denied, 439 U.S. 933 , 99 S.Ct. 325 , 58 L.Ed.2d 328 (1978).

11
Graser v. Goldberggreen
scotus · 1978 · cited in 1 Texas opinions naming this issue, 1986–1986
1 sentence

1986See, United States v. Colyer, 571 F.2d 941, 942, 947 (5th Cir.), cert. denied, 439 U.S. 933 , 99 S.Ct. 325 , 58 L.Ed.2d 328 (1978).

11
Campellone v. Adult Probation Department of Pima Countygreen
scotus · 1978 · cited in 1 Texas opinions naming this issue, 1986–1986
1 sentence

1986See, United States v. Colyer, 571 F.2d 941, 942, 947 (5th Cir.), cert. denied, 439 U.S. 933 , 99 S.Ct. 325 , 58 L.Ed.2d 328 (1978).

11
Colyer v. United Statesgreen
scotus · 1978 · cited in 1 Texas opinions naming this issue, 1986–1986
1 sentence

1986See, United States v. Colyer, 571 F.2d 941, 942, 947 (5th Cir.), cert. denied, 439 U.S. 933 , 99 S.Ct. 325 , 58 L.Ed.2d 328 (1978).

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 (4)

CaseCitedYears
Langham v. State green
texcrimapp · 2010
1 sentence

2025The emphasis of this analysis should not be on whether the jury verdict was supported by the evidence, but instead on “the likelihood that the constitutional error was actually a contributing factor in the jury’s deliberations in arriving at that verdict—whether, in other words, the error adversely affected the integrity of the process leading to the conviction.” Langham, 305 S.W.3d at 582 .

12025–2025
Miller v. State green
texapp · 1988
1 sentence

2007In Miller , the key issue was the complainant = s credibility, and so evidence bolstering the complainant = s credibility was prejudicial. 757 S.W.2d at 885 .

12007–2007
Davis v. Washington green
scotus · 2006
1 sentence

2007Davis, 126 S.Ct. at 2274 n. 1.

12007–2007
Harris v. State green
texcrimapp · 1989
1 sentence

1998Id. at 587-88 ; Williams v. State, 916 S.W.2d 53, 56 (Tex.App.-Houston [1st Dist] 1996, no pet.).

11998–1998

Statutes the citing opinions construe

TX § Tex. Penal Code § 7.02 (3)

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

TX 28 (1986–2025) OR 11 (1983–2019) AL 6 (2001–2013) PA 5 (1973–2016) NM 5 (2019–2023) WA 4 (1982–2017) CA 4 (1966–1992) IL 4 (1970–2001) NJ 3 (1946–2021) OH 3 (1990–2014) NY 3 (1962–2005) GA 2 (1962–1984) MD 2 (2008–2013) IA 2 (1977–1978) MN 2 (2008–2012) FL 2 (1990–2015) WI 2 (1988–1998) IN 2 (1990–2015) ID 2 (1988–2000)

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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