omission of an accomplice-witness instruction (Texas) · Go Syfert
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omission of an accomplice-witness instruction in Texas

28 Texas opinions name it 2 courts 2002–2024 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 (5)

CaseFollowedCited
Saunders v. Stategreen
texcrimapp · 1991 · cited in 15 Texas opinions naming this issue, 2002–2012
2 sentences

2012Under the egregious harm standard, the omission of an accomplice-witness instruction is generally harmless unless the corroborating non-accomplice evidence is “so unconvincing in fact as to render the State’s overall case for conviction clearly and significantly less persuasive.” See Herron, 86 S.W.3d at 632 , quoting Saunders v. State, 817 S.W.2d 688, 692 (Tex.Crim.App.1991).

2012Under the egregious-harm standard, the omission of an accomplice-witness instruction is generally harmless unless the corroborating non-accomplice evidence is “so unconvincing in fact as to render the State’s overall case for conviction clearly and significantly less persuasive.” Id. (quoting Saunders v. State, 817 S.W.2d 688, 692 (Tex. Crim.

1515
Herron v. Stategreen
texcrimapp · 2002 · cited in 22 Texas opinions naming this issue, 2002–2022
2 sentences

2022“Under the egregious harm standard, the omission of an accomplice-witness instruction is generally harmless unless the corroborating (non-accomplice) evidence is ‘so unconvincing in fact as to render the State’s overall case for conviction clearly and significantly less persuasive.’” Ambrose, 487 S.W.3d at 598 (quoting Herron v. State, 86 S.W.3d 621, 632 (Tex. Crim. App. 2002)).

2021Under the egregious harm standard, the omission of an accomplice-witness instruction is generally harmless unless the non-accomplice evidence is “so unconvincing in fact as to render the State’s overall case for conviction clearly and significantly less persuasive.” Herron, 86 S.W.3d at 632 ; see also Vasquez v. State, No. 05-15-00588- CR, 2016 WL 912178 , at *5 (Tex. App.—Dallas Mar. 10, 2016 no. pet) (mem. op., not designated for publication).

722
Casanova, Matthew Johngreen
texcrimapp · 2012 · cited in 4 Texas opinions naming this issue, 2015–2024
2 sentences

2024Casanova v. State, 383 S.W.3d 530, 533 (Tex. Crim. App. 2012).

2024Id. (citing Casanova v. State, 383 S.W.3d 530, 533 (Tex. Crim.

44
Rodriguez v. Stategreen
texapp · 2002 · cited in 1 Texas opinions naming this issue, 2021–2021
1 sentence

2021Reasonable-Doubt Instruction In the jury charge in each case, the trial court included the following statement concerning the State’s burden of proof: “It is not required that the Prosecution prove guilt beyond all possible doubt; it is required that the prosecution’s proof excludes all ‘reasonable doubt’ concerning the defendant’s guilt.” In his second point of error in appeal number 03-19-00278-CR and his fourth point of error in appeal number 03-19-00279-CR, appellant contends that the trial court erred in 8 submitting the phrase “It is not required that the Prosecution prove guilt beyond a

11
Golden v. Stategreen
texcrimapp · 1993 · cited in 1 Texas opinions naming this issue, 2011–2011
1 sentence

2011He said that the cocaine probably came from a “kilo brick,” and was probably sold in “eight balls” rather than single doses, making this a “medium” level operation. 48 Golden v. State, 851 S.W.2d 291, 294 (Tex. Crim.

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 (5)

CaseCitedYears
Jones v. State green
texapp · 2006
2 sentences

2015Under the egregious harm standard, the omission of an accomplice-witness instruction is generally harmless unless the corroborating (nonaccomplice) evidence is “so unconvincing in fact as to render the State’s overall case for conviction clearly and significantly less persuasive.” Jones, 195 S.W.3d at 290 (quoting Herron v. State, 86 S.W.3d 621, 632 (Tex. Crim.

2015Under the egregious harm standard, however, the omission of an accomplice-witness instruction is generally harmless unless the corroborating (non-accomplice) evidence is “so unconvincing in fact as to render the State’s overall case for conviction clearly and significantly less persuasive.” Jones, 195 S.W.3d at 290 (quoting Herron v. State, 86 S.W.3d 621, 632 (Tex. Crim.

22015–2015
Ngo v. State green
texcrimapp · 2005
1 sentence

2024Id. (citing Casanova v. State, 383 S.W.3d 530, 533 (Tex. Crim.

12024–2024
Ambrose, Cynthia green
texcrimapp · 2016
1 sentence

2022“Under the egregious harm standard, the omission of an accomplice-witness instruction is generally harmless unless the corroborating (non-accomplice) evidence is ‘so unconvincing in fact as to render the State’s overall case for conviction clearly and significantly less persuasive.’” Ambrose, 487 S.W.3d at 598 (quoting Herron v. State, 86 S.W.3d 621, 632 (Tex. Crim. App. 2002)).

12022–2022
Hall v. State green
texapp · 2005
1 sentence

2013The omission of an accomplice-witness instruction is generally not egregiously harmful unless the corroborating (nonaccomplice) evidence is “so unconvincing in fact as to render the State’s overall case for conviction clearly and significantly less persuasive.” Hall, 161 S.W.3d at 150 (quoting Herron v. State, 86 S.W.3d 621, 632 (Tex. Crim.

12013–2013
Scurlock v. United States green
scotus · 1996
1 sentence

2010The omission of an accomplice-witness instruction is generally harmless under the egregious harm standard unless the corroborating non-accomplice evidence is “‘so unconvincing in 30 fact as to render the State’s overall case for conviction clearly and significantly less persuasive.’” Id. (quoting Saunders v. State, 817 S.W .2d 688, 692 (Tex. Crim.

12010–2010

Statutes the citing opinions construe

TX § Tex. Penal Code § 19.03 (8) TX § Tex. Penal Code § 19.02 (5)

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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