offense charged defense (Texas) · Go Syfert
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offense charged defense in Texas

24 Texas opinions name it 3 courts 1988–2023 5 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 (7)

CaseFollowedCited
Spector v. Stategreen
texapp · 1988 · cited in 13 Texas opinions naming this issue, 1989–2023
2 sentences

2023A pertinent trait is “one that relates to a trait involved in the offense charged or a defense raised.” Spector v. State, 746 S.W.2d 946, 950 (Tex. App.—Austin 1988, pet. ref’d).

2022“A pertinent character trait is ‘one that relates to a trait involved 5 in the offense charged or a defense raised.’” Stitt v. State, 102 S.W.3d 845, 849 (Tex. App.—Texarkana 2003, pet. ref’d) (quoting Spector v. State, 746 S.W.2d 946, 950 (Tex. App.—Austin 1988, pet. ref’d)).

1013
Stitt v. Stategreen
texapp · 2003 · cited in 6 Texas opinions naming this issue, 2010–2022
2 sentences

2022“A pertinent character trait is ‘one that relates to a trait involved 5 in the offense charged or a defense raised.’” Stitt v. State, 102 S.W.3d 845, 849 (Tex. App.—Texarkana 2003, pet. ref’d) (quoting Spector v. State, 746 S.W.2d 946, 950 (Tex. App.—Austin 1988, pet. ref’d)).

2018“A pertinent character trait is ‘one that relates to a trait involved in the offense charged or a defense raised.’” Stitt v. State, 102 S.W.3d 845, 849 (Tex. App.— Texarkana 2003, pet. ref’d).

66
Melgar v. Stategreen
texapp · 2007 · cited in 8 Texas opinions naming this issue, 2012–2023
2 sentences

2023A character trait is relevant if it is “one that relates to a trait involved in the offense charged or a defense raised.” Melgar, 236 S.W.3d at 307 .

2022“A character trait is relevant if it is one that relates to a trait involved in the offense charged or a defense raised.” Reighley v. State, 585 S.W.3d 98 , 103 (Tex. App.— Amarillo 2019, pet. ref’d) (quoting Melgar, 236 S.W.3d at 307 ).

18
Valdez v. Stategreen
texapp · 1999 · cited in 1 Texas opinions naming this issue, 2023–2023
1 sentence

2023“In a murder case, the accused’s reputation for peacefulness, or non-aggressive behavior, is the appropriate inquiry.” Valdez v. State, 2 S.W.3d 518, 520 (Tex. App.—Houston [14th Dist.] 1999, pet. ref’d).

11
Santellan v. Stategreen
texcrimapp · 1997 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015See Stitt v. State, 102 S.W.3d 845, 849 (Tex.App. - Texarkana 2003, pet.refd) ("A pertinent character trait is one that relates to a trait involved in the offense charged or a defense raised."); see also Santellan v. State, 939 S.W.2d 155, 167 (Tex.Crim.App.l997).

11
United States v. Earnest Jackson, Jr., and James Arthur Porter, IIIgreen
ca5 · 1979 · cited in 1 Texas opinions naming this issue, 1988–1988
1 sentence

1988Spector’s character for truthfulness and honesty are not traits related to the offense of possession of marihuana. 1 See United States v. Jackson, 588 F.2d 1046, 1055 (5th Cir.1979) (where identical federal rule interpreted to exclude evidence of defendant’s character for truthfulness and honesty in drug possession prosecution).

11
Yates v. Stategreen
texapp · 1984 · cited in 1 Texas opinions naming this issue, 1988–1988
1 sentence

1988See Yates v. State, 679 S.W. 2d 534 (Tex.App.—Tyler 1984); Martinez v. State, 712 S.W.2d 242 (Tex.App.—San Antonio 1986). [6] In Powell, supra, the Court was reviewing the prosecution of nine Black youths who had been charged with the rape of two White girls near Scottsboro, Alabama.

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 (1)

CaseCitedYears
Martinez v. State neutral
texapp · 1986
1 sentence

1988See Yates v. State, 679 S.W. 2d 534 (Tex.App.—Tyler 1984); Martinez v. State, 712 S.W.2d 242 (Tex.App.—San Antonio 1986). [6] In Powell, supra, the Court was reviewing the prosecution of nine Black youths who had been charged with the rape of two White girls near Scottsboro, Alabama.

11988–1988

Where else courts name it

TX 24 (1988–2023) DC 9 (1979–1991) GA 9 (1976–2004) CA 7 (1947–2017) NY 5 (1934–2001) TN 5 (1999–2015) IN 4 (1929–1980) NH 4 (2009–2025) HI 3 (1995–2012) AK 3 (1969–1974) NC 3 (1938–1989) PA 2 (1985–1987) MS 2 (1994–2001) FL 2 (1991–2004) VA 2 (1982–2019)

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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