State asserts error (Texas) · Go Syfert
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State asserts error in Texas

22 Texas opinions name it 3 courts 1988–2015 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 (11)

CaseFollowedCited
Sanders v. Stategreen
texapp · 1998 · cited in 5 Texas opinions naming this issue, 2008–2009
2 sentences

2009The State relies heavily upon three cases where an intermediate appellate court has found that the questioning of a grand jury witness by an unauthorized person was harmless, State v. Smith, 36 S.W.3d 134, 137-38 (Tex.App.–Houston [14 th Dist.] 2001, pet. ref’d); Sanders v. State, 978 S.W.2d 597, 600-01 (Tex.App.–Tyler 1997, pet. ref’d); and Hernandez v. State, 791 S.W.2d 301, 304-05 (Tex.App.–Corpus Christi 1990, pet. ref’d).

2009The State relies heavily upon three cases where an intermediate appellate court has found that the questioning of a grand jury witness by an unauthorized person was harmless, Smith v. State, 36 S.W.3d 134, 137-38 (Tex.App.-Houston [14th Dist.] 2001, pet. ref'd); Sanders v. State, 978 S.W.2d 597, 600-01 (Tex.App.-Tyler 1997, pet. ref'd); and Hernandez v. State, 791 S.W.2d 301, 304-05 (Tex.App.-Corpus Christi 1990, pet. ref'd).

55
Smith v. Stategreen
texapp · 2000 · cited in 5 Texas opinions naming this issue, 2008–2009
2 sentences

2009The State relies heavily upon three cases where an intermediate appellate court has found that the questioning of a grand jury witness by an unauthorized person was harmless, State v. Smith, 36 S.W.3d 134, 137-38 (Tex.App.–Houston [14 th Dist.] 2001, pet. ref’d); Sanders v. State, 978 S.W.2d 597, 600-01 (Tex.App.–Tyler 1997, pet. ref’d); and Hernandez v. State, 791 S.W.2d 301, 304-05 (Tex.App.–Corpus Christi 1990, pet. ref’d).

2009The State relies heavily upon three cases where an intermediate appellate court has found that the questioning of a grand jury witness by an unauthorized person was harmless, Smith v. State, 36 S.W.3d 134, 137-38 (Tex.App.-Houston [14th Dist.] 2001, pet. ref'd); Sanders v. State, 978 S.W.2d 597, 600-01 (Tex.App.-Tyler 1997, pet. ref'd); and Hernandez v. State, 791 S.W.2d 301, 304-05 (Tex.App.-Corpus Christi 1990, pet. ref'd).

55
Hernandez v. Stategreen
texapp · 1990 · cited in 5 Texas opinions naming this issue, 2008–2009
2 sentences

2009The State relies heavily upon three cases where an intermediate appellate court has found that the questioning of a grand jury witness by an unauthorized person was harmless, State v. Smith, 36 S.W.3d 134, 137-38 (Tex.App.–Houston [14 th Dist.] 2001, pet. ref’d); Sanders v. State, 978 S.W.2d 597, 600-01 (Tex.App.–Tyler 1997, pet. ref’d); and Hernandez v. State, 791 S.W.2d 301, 304-05 (Tex.App.–Corpus Christi 1990, pet. ref’d).

2009The State relies heavily upon three cases where an intermediate appellate court has found that the questioning of a grand jury witness by an unauthorized person was harmless, Smith v. State, 36 S.W.3d 134, 137-38 (Tex.App.-Houston [14th Dist.] 2001, pet. ref'd); Sanders v. State, 978 S.W.2d 597, 600-01 (Tex.App.-Tyler 1997, pet. ref'd); and Hernandez v. State, 791 S.W.2d 301, 304-05 (Tex.App.-Corpus Christi 1990, pet. ref'd).

55
Lavarry v. Stategreen
texapp · 1997 · cited in 3 Texas opinions naming this issue, 2015–2015
2 sentences

2015The State asserts that the factors articulated in Lavarry v. State, 936 S.W.2d 690, 696 (Tex. App.—Dallas 1996, pet. ref’d), weigh in favor of the jury’s finding.

2015The State asserts that the factors articulated in Lavarry v. State, 936 S.W.2d 690, 696 (Tex.App. — Dallas 1996, pet. refd), weigh in favor of the jury’s finding.

33
State v. Boydgreen
texapp · 2006 · cited in 3 Texas opinions naming this issue, 2002–2010
2 sentences

2010State v. Boyd, 202 S.W.3d 393, 404 (Tex.App.-Dallas 2006, pet. ref'd).

2010State v. Boyd, 202 S.W.3d 393, 404 (Tex. App.––Dallas 2006, pet. ref‘d).

33
Kitchens v. Stategreen
texcrimapp · 1991 · cited in 2 Texas opinions naming this issue, 2005–2006
2 sentences

2006See Kitchens v. State, 823 S.W.2d 256, 258 (Tex.Crim.App.1991).

2005See Kitchens v. State , 823 S.W.2d 256, 258 (Tex. Crim.

22
R.A.G. v. Stategreen
texapp · 1993 · cited in 1 Texas opinions naming this issue, 2014–2014
1 sentence

2014However, the State asserts that error, if any, should be reviewed for harmlessness, citing R.A.G. v. State, 870 S.W.2d 79, 83 (Tex.App.-Dallas 1993, writ granted), rev’d on other grounds sub nom.

11
Taylor v. Stategreen
texcrimapp · 2011 · cited in 1 Texas opinions naming this issue, 2014–2014
1 sentence

2014“After finding error in the court’s charges, we must next consider whether Appellant was harmed by the error.” Taylor v. State, 332 S.W.3d 483, 489 (Tex. Crim.

11
Gorham v. Stategreen
texapp · 1999 · cited in 1 Texas opinions naming this issue, 2006–2006
2 sentences

2006See Gorham v. State, 981 S.W.2d 315, 317-19 (Tex.App.Houston [14th Dist.] 1998, pet. ref'd).

2006See Gorham v. State, 981 S.W.2d 315, 317-19 (Tex.App.-Houston [14th Dist.] 1998, pet. ref'd).

11
Carroll v. Stategreen
texapp · 1999 · cited in 1 Texas opinions naming this issue, 2002–2002
2 sentences

2002See Carroll, 990 S.W.2d at 763 (assuming the constitutional error analysis applied to a rule 21.3(f) error).

2002See Carroll, 990 S.W.2d at 763 (assuming the constitutional error analysis applied to a rule 21.3(f) error).

11
Ex Parte Bravogreen
texcrimapp · 1982 · cited in 1 Texas opinions naming this issue, 1988–1988
1 sentence

1988See Ex parte Bravo, supra, at 191.

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 (3)

CaseCitedYears
Mohammed v. State green
texapp · 2003
2 sentences

2010PENAL CODE ANN . § 19.02(b)(3); Mohammed, 127 S.W.3d at 167 .

2010The State asserts that an instruction on the lesser-included offense of felony murder is not proper unless there is some evidence at trial that the defendant committed a felony and, "in the course of and in furtherance" of the crime, "commit[ted] an act clearly dangerous to human life that cause[d] the death of an individual." See Tex. Penal Code Ann. § 19.02 (b)(3); Mohammed , 127 S.W.3d at 167 .

22010–2010
State & County Mutual Fire Insurance Co. v. Miller green
tex · 2001
2 sentences

2006The State relies on State & County Mutual Fire Insurance Co. v. Miller, 52 S.W.3d 693 (Tex.2001) as authority for its argument.

2006The State relies on State & County Mutual Fire Insurance Co. v. Miller , 52 S.W.3d 693 (Tex. 2001) as authority for its argument.

22006–2006
Matter of RAG green
tex · 1994
1 sentence

2014In the Matter of R.A.G., 866 S.W.2d 199 (Tex.1993).

12014–2014

Statutes the citing opinions construe

TX § Tex. Penal Code § 19.02 (4) TX § Tex. Penal Code § 20.04 (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

IL 28 (1968–2025) TX 22 (1988–2015) TN 11 (2001–2024) FL 10 (1992–2019) OH 8 (2004–2025) WA 8 (2006–2016) MS 8 (1990–2006) IN 8 (1987–2017) MO 7 (1979–2024) NM 6 (1997–2023) KS 4 (1988–2022) GA 4 (2008–2024) AL 4 (1993–2010) OR 4 (1991–2021) NE 4 (1994–2019) CT 3 (2011–2025) WY 3 (2007–2015) UT 3 (2013–2020) MT 2 (2017–2024) NY 2 (1920–1927) ND 2 (2012–2012) CA 2 (2013–2014) NC 2 (2005–2016) AK 2 (1979–2008) ID 2 (2012–2012) MD 2 (2012–2015) AZ 2 (1998–2025) WI 2 (1978–2025) NJ 2 (1995–2024) OK 2 (1988–1989) LA 2 (2012–2013)

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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