criminal offense bar (Texas) · Go Syfert
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criminal offense bar in Texas

24 Texas opinions name it 2 courts 1990–2016 0 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 (8)

CaseFollowedCited
Brooks v. Stategreen
texcrimapp · 2010 · cited in 15 Texas opinions naming this issue, 2010–2016
2 sentences

2014A. Standard of Review We review the sufficiency of the evidence to establish the elements of a criminal offense under the standard set forth in Jackson v. Virginia, 443 U.S. 307, 318-19 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979); see also Brooks v. State, 323 S.W.3d 893, 912 (Tex.Crim.App.2010).

2014A. Standard of Review We review the sufficiency of the evidence to establish the elements of a criminal offense under the standard set forth in Jackson v. Virginia , 443 U.S. 307, 318-19 (1979); see also Brooks v. State , 323 S.W.3d 893, 912 (Tex. Crim.

1315
Jackson v. Virginiared
scotus · 1979 · cited in 3 Texas opinions naming this issue, 2014–2016
2 sentences

2016We review all challenges to the sufficiency of the evidence establishing the elements of a criminal offense under the standard set forth in Jackson v. Virginia, 443 U.S. 307 , 318–19, 99 S. Ct. 2781, 2789 (1979).

2016We review all challenges to the sufficiency of the evidence establishing the elements of a criminal offense under the standard set forth in Jackson v. Virginia, 443 U.S. 307 , 318–19, 99 S. Ct. 2781, 2789 (1979).

33
Montana v. Egelhoffgreen
scotus · 1996 · cited in 4 Texas opinions naming this issue, 2010–2012
2 sentences

2012Montana v. Egelhoff, 518 U.S. 37, 43 , 116 S.Ct. 2013, 2017 , 135 L.Ed.2d 361 (1996) (quoting Patterson v. New York, 432 U.S. 197, 201-02 , 97 S.Ct. 2319, 2322 , 53 L.Ed.2d 281 (1977)).

2012Montana v. Egelhoff, 518 U.S. 37, 43 , 116 S.Ct. 2013, 2017 , 135 L.Ed.2d 361 (1996) (quoting Patterson v. New York, 432 U.S. 197, 201-02 , 97 S.Ct. 2319, 2322 , 53 L.Ed.2d 281 (1977)).

24
Patterson v. New Yorkgreen
scotus · 1977 · cited in 4 Texas opinions naming this issue, 2010–2012
2 sentences

2012Montana v. Egelhoff, 518 U.S. 37, 43 , 116 S.Ct. 2013, 2017 , 135 L.Ed.2d 361 (1996) (quoting Patterson v. New York, 432 U.S. 197, 201-02 , 97 S.Ct. 2319, 2322 , 53 L.Ed.2d 281 (1977)).

2012Montana v. Egelhoff, 518 U.S. 37, 43 , 116 S.Ct. 2013, 2017 , 135 L.Ed.2d 361 (1996) (quoting Patterson v. New York, 432 U.S. 197, 201-02 , 97 S.Ct. 2319, 2322 , 53 L.Ed.2d 281 (1977)).

24
Medellin v. Texasgreen
scotus · 2008 · cited in 2 Texas opinions naming this issue, 2008–2008
2 sentences

2008JUDICIAL REMEDY. (a) Civil Action. — Any person whose rights are infringed by a violation by any nonfor-eign governmental authority of Article 39 of the Vienna Convention on Consular Relations may in a civil action obtain appropriate relief. (b) Nature of Relief.. — Appropriate relief for the purposes of this section means— (1) any declaratory or equitable relief necessaiy to secure the rights; and (2) in any case where the plaintiff is convicted of a criminal offense where the violation occurs during and in relation to the investigation or prosecution of the offense, any relief required to re

2008JUDICIAL REMEDY. (a) CIVIL ACTION. — Any person whose rights are infringed by a violation by any nonforeign governmental authority of Article 39 of the Vienna Convention on Consular Relations may in a civil action obtain appropriate relief. (b) NATURE OF RELIEF. — Appropriate relief for the purposes of this section means — (1) any declaratory or equitable relief necessary to secure the rights; and (2) in any case where the plaintiff is convicted of a criminal offense where the violation occurs during and in relation to the investigation or prosecution of the offense, any relief required to rem

12
Ervin v. Stategreen
texapp · 2011 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015Ervin v. State, 331 S.W.3d 49, 54 (Tex. App.—Houston [1st] 2010, pet. ref’d).

11
Ex Parte Davisgreen
texcrimapp · 1996 · cited in 1 Texas opinions naming this issue, 2008–2008
2 sentences

2008See, e.g., id. at 1357, 1367 ("Because none of these treaty sources creates binding federal law in the absence of implementing legislation, and because it is uncontested that no such legislation exists, we conclude that the Avena judgment is not binding domestic law. * * * In sum, while the ICJ's judgment in Avena creates an international law obligation on the part of the United States, it does not of its own force constitute binding federal law that pre-empts state restrictions on the filing of successive habeas petitions.”). .Ex parte Smith, 977 S.W.2d 610, 611 (Tex.Crim.App.1998), citing Ex

2008See, e.g., id. at 1357, 1367 ("Because none of these treaty sources creates binding federal law in the absence of implementing legislation, and because it is uncontested that no such legislation exists, we conclude that the Avena judgment is not binding domestic law. * * * In sum, while the ICJ's judgment in Avena creates an international law obligation on the part of the United States, it does not of its own force constitute binding federal law that pre-empts state restrictions on the filing of successive habeas petitions."). [14] Ex parte Smith, 977 S.W.2d 610, 611 (Tex. Crim.App.1998), citi

11
Ex Parte Smithgreen
texcrimapp · 1998 · cited in 1 Texas opinions naming this issue, 2008–2008
2 sentences

2008See, e.g., id. at 1357, 1367 ("Because none of these treaty sources creates binding federal law in the absence of implementing legislation, and because it is uncontested that no such legislation exists, we conclude that the Avena judgment is not binding domestic law. * * * In sum, while the ICJ's judgment in Avena creates an international law obligation on the part of the United States, it does not of its own force constitute binding federal law that pre-empts state restrictions on the filing of successive habeas petitions.”). .Ex parte Smith, 977 S.W.2d 610, 611 (Tex.Crim.App.1998), citing Ex

2008See, e.g., id. at 1357, 1367 ("Because none of these treaty sources creates binding federal law in the absence of implementing legislation, and because it is uncontested that no such legislation exists, we conclude that the Avena judgment is not binding domestic law. * * * In sum, while the ICJ's judgment in Avena creates an international law obligation on the part of the United States, it does not of its own force constitute binding federal law that pre-empts state restrictions on the filing of successive habeas petitions."). [14] Ex parte Smith, 977 S.W.2d 610, 611 (Tex. Crim.App.1998), citi

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
Apprendi v. New Jersey green
scotus · 2000
1 sentence

2005Appellant cites Ring v. Arizona , 536 U.S. 584 (2002) and Apprendi v. New Jersey , 530 U.S. 466 (2000) to argue that the Texas Legislature erroneously determined that sudden passion arising from adequate cause is “a mere sentencing factor” and contends that, instead, the State should be required to negate its existence.

12005–2005
Ring v. Arizona green
scotus · 2002
1 sentence

2005Appellant cites Ring v. Arizona , 536 U.S. 584 (2002) and Apprendi v. New Jersey , 530 U.S. 466 (2000) to argue that the Texas Legislature erroneously determined that sudden passion arising from adequate cause is “a mere sentencing factor” and contends that, instead, the State should be required to negate its existence.

12005–2005
Ex Parte Englutt green
texapp · 1981
1 sentence

1990The United States Supreme Court has never directly addressed the question of whether a conviction for criminal contempt is the “same offense” as conviction for another statutorily defined crime based on the same acts. 5 That Court has also never directly addressed whether a judgment obtained in a civil suit between private parties can invoke the protection of the double jeopardy clause, although dicta in United States v. Halper, 490 U.S. 435 , 109 S.Ct. 1892, 1903 , 104 L.Ed.2d 487 (1989), indicates it cannot. 6 In Ex parte Looper, 61 Tex.Crim. 129 , 134 S.W. 345 (App.1910), this Court relied

11990–1990
United States v. Halper red
scotus · 1989
2 sentences

1990The United States Supreme Court has never directly addressed the question of whether a conviction for criminal contempt is the “same offense” as conviction for another statutorily defined crime based on the same acts. 5 That Court has also never directly addressed whether a judgment obtained in a civil suit between private parties can invoke the protection of the double jeopardy clause, although dicta in United States v. Halper, 490 U.S. 435 , 109 S.Ct. 1892, 1903 , 104 L.Ed.2d 487 (1989), indicates it cannot. 6 In Ex parte Looper, 61 Tex.Crim. 129 , 134 S.W. 345 (App.1910), this Court relied

1990The United States Supreme Court has never directly addressed the question of whether a conviction for criminal contempt is the “same offense” as conviction for another statutorily defined crime based on the same acts. 5 That Court has also never directly addressed whether a judgment obtained in a civil suit between private parties can invoke the protection of the double jeopardy clause, although dicta in United States v. Halper, 490 U.S. 435 , 109 S.Ct. 1892, 1903 , 104 L.Ed.2d 487 (1989), indicates it cannot. 6 In Ex parte Looper, 61 Tex.Crim. 129 , 134 S.W. 345 (App.1910), this Court relied

11990–1990
Ex Parte Brown green
texapp · 1978
1 sentence

1990The United States Supreme Court has never directly addressed the question of whether a conviction for criminal contempt is the “same offense” as conviction for another statutorily defined crime based on the same acts. 5 That Court has also never directly addressed whether a judgment obtained in a civil suit between private parties can invoke the protection of the double jeopardy clause, although dicta in United States v. Halper, 490 U.S. 435 , 109 S.Ct. 1892, 1903 , 104 L.Ed.2d 487 (1989), indicates it cannot. 6 In Ex parte Looper, 61 Tex.Crim. 129 , 134 S.W. 345 (App.1910), this Court relied

11990–1990
Ex Parte Allison green
· 1906
2 sentences

1990The United States Supreme Court has never directly addressed the question of whether a conviction for criminal contempt is the “same offense” as conviction for another statutorily defined crime based on the same acts. 5 That Court has also never directly addressed whether a judgment obtained in a civil suit between private parties can invoke the protection of the double jeopardy clause, although dicta in United States v. Halper, 490 U.S. 435 , 109 S.Ct. 1892, 1903 , 104 L.Ed.2d 487 (1989), indicates it cannot. 6 In Ex parte Looper, 61 Tex.Crim. 129 , 134 S.W. 345 (App.1910), this Court relied

1990The United States Supreme Court has never directly addressed the question of whether a conviction for criminal contempt is the “same offense” as conviction for another statutorily defined crime based on the same acts. 5 That Court has also never directly addressed whether a judgment obtained in a civil suit between private parties can invoke the protection of the double jeopardy clause, although dicta in United States v. Halper, 490 U.S. 435 , 109 S.Ct. 1892, 1903 , 104 L.Ed.2d 487 (1989), indicates it cannot. 6 In Ex parte Looper, 61 Tex.Crim. 129 , 134 S.W. 345 (App.1910), this Court relied

11990–1990
Ex Parte Looper green
texcrimapp · 1910
2 sentences

1990The United States Supreme Court has never directly addressed the question of whether a conviction for criminal contempt is the “same offense” as conviction for another statutorily defined crime based on the same acts. 5 That Court has also never directly addressed whether a judgment obtained in a civil suit between private parties can invoke the protection of the double jeopardy clause, although dicta in United States v. Halper, 490 U.S. 435 , 109 S.Ct. 1892, 1903 , 104 L.Ed.2d 487 (1989), indicates it cannot. 6 In Ex parte Looper, 61 Tex.Crim. 129 , 134 S.W. 345 (App.1910), this Court relied

1990The United States Supreme Court has never directly addressed the question of whether a conviction for criminal contempt is the “same offense” as conviction for another statutorily defined crime based on the same acts. 5 That Court has also never directly addressed whether a judgment obtained in a civil suit between private parties can invoke the protection of the double jeopardy clause, although dicta in United States v. Halper, 490 U.S. 435 , 109 S.Ct. 1892, 1903 , 104 L.Ed.2d 487 (1989), indicates it cannot. 6 In Ex parte Looper, 61 Tex.Crim. 129 , 134 S.W. 345 (App.1910), this Court relied

11990–1990

Statutes the citing opinions construe

TX § Tex. Penal Code § 22.021 (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.

Where else courts name it

TX 24 (1990–2016) IL 10 (1912–2025) PA 9 (1953–2020) NC 7 (1918–2025) OR 5 (1966–2019) TN 4 (1986–2007) HI 4 (1915–2008) NY 3 (1941–1986) IA 3 (1935–2015) WA 2 (1999–1999) GA 2 (1972–2009) ND 2 (2010–2010)

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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