defendant preserved error (Texas) · Go Syfert
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defendant preserved error in Texas

139 Texas opinions name it 6 courts 1988–2026 38 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 (21)

CaseFollowedCited
Almanza v. Stategreen
texcrimapp · 1985 · cited in 19 Texas opinions naming this issue, 2002–2026
2 sentences

2015Under Almanza v. State, 686 S.W.2d at 157 (Tex.Cr.App. 1984), the appropriate harm analysis depends upon whether the defendant preserved error by bringing the improper 25 omission to the trial court's attention.

2015Under Almanza v. State, 686 S.W.2d at 157 (Tex.Cr.App. 1984), the appropriate harm analysis depends upon whether the defendant preserved error by bringing the improper omission to the trial court's attention.

1719
Ngo v. Stategreen
texcrimapp · 2005 · cited in 46 Texas opinions naming this issue, 2005–2025
2 sentences

2025Id.

2024Id.

846
Herron v. Stategreen
texcrimapp · 2002 · cited in 11 Texas opinions naming this issue, 2007–2024
2 sentences

2024Id. at 632 .

2020Id. at 632 .

411
Sodipo v. Stategreen
texcrimapp · 1991 · cited in 4 Texas opinions naming this issue, 2005–2005
2 sentences

2005Cf. Sodipo , 815 S.W.2d at 556 (finding a defendant preserved his claim by specifically objecting to the indictment error).

2005Cf. Sodipo, 815 S.W.2d at 556 (finding a defendant preserved his claim by specifically objecting to the indictment error).

44
Swearingen v. Stategreen
texapp · 2008 · cited in 3 Texas opinions naming this issue, 2021–2024
2 sentences

2024Swearingen v. State, 270 S.W.3d 804, 808 (Tex. App.—Austin 2008, pet. ref’d).

2023Swearingen v. State, 270 S.W.3d 804, 808 (Tex. App.—Austin 2008, pet. ref’d).

33
Middleton v. Stategreen
texcrimapp · 2003 · cited in 8 Texas opinions naming this issue, 2006–2012
2 sentences

2012Id.

2012The degree of harm necessary for reversal depends on whether the defendant preserved the error by objection. 22 Id.

28
Issa v. Stategreen
texcrimapp · 1992 · cited in 5 Texas opinions naming this issue, 1993–2018
2 sentences

2018Issa, 826 S.W.2d at 161 .

2011See Issa v. State, 826 S.W.2d 159, 161 (Tex. Crim.

25
Xavier Shrod Dukes v. Stategreen
texapp · 2016 · cited in 2 Texas opinions naming this issue, 2020–2024
2 sentences

2024Cf. Dukes v. State, 486 S.W.3d 170, 176 (Tex. 11 App.—Houston [1st Dist.] 2016, no pet.) (providing that the defendant preserved error by objecting “to the empanelment of several jurors on whom he claimed he would have used peremptory challenges had his challenges for cause been granted or had he received the additional strikes that he had requested”); see also Tillman v. State, No. 14-98-01233- CR, 2001 WL 543666 , at *3 (Tex. App.—Houston [14th Dist.] May 24, 2001, pet. ref’d) (mem. op., not designated for publication) (defendant preserved error when he requested and was denied ten additiona

2020See Dukes v. State, 486 S.W.3d 170, 176 (Tex. App.— Houston [1st Dist.] 2016, no pet.) (providing that the defendant preserved error by objecting “to the empanelment of several jurors on whom he claimed he would have used peremptory challenges had his challenges for cause been granted or had he received the additional strikes that he had requested”); see also Tillman v. State, No. 14-98-01233- CR, 2001 WL 543666 , at *3, 2001 (Tex. App.—Houston [14th Dist.] May 24, 2001, pet. ref’d) (mem. op., not designated for publication) (defendant preserved error when he requested and was denied ten addit

22
Reeves, Gary Patrickgreen
texcrimapp · 2013 · cited in 2 Texas opinions naming this issue, 2021–2024
2 sentences

2024Reeves v. State, 420 S.W.3d 812, 816 (Tex. Crim.

2021Reeves v. State, 420 S.W.3d 812, 816 (Tex. Crim.

22
Casanova, Matthew Johngreen
texcrimapp · 2012 · cited in 2 Texas opinions naming this issue, 2013–2015
2 sentences

2015See Herron, 86 S.W.3d at 632 ; see also Casanova, 383 S.W.3d at 533 - 34.

2013See Herron, 86 S.W.3d at 632 ; see also Casanova, 383 S.W.3d at 533 -34 3 (applying Almanza).

22
Huizar v. Stategreen
texapp · 2000 · cited in 2 Texas opinions naming this issue, 2002–2004
2 sentences

2004Huizar v. State , 29 S.W.3d 249, 251 (Tex. App.--San Antonio 2000, pet. ref'd).

2002Huizar v. State , 29 S.W.3d 249, 251 (Tex. App.-San Antonio 2000, pet. ref'd).

22
Sakil v. Stategreen
texcrimapp · 2009 · cited in 23 Texas opinions naming this issue, 2016–2026
2 sentences

2026Sakil v. State, 287 S.W.3d 23 , 25–26 (Tex. Crim.

2026Sakil v. State, 287 S.W.3d 23 , 25–26 (Tex. Crim.

123
Adrian Biera v. Stategreen
texapp · 2008 · cited in 1 Texas opinions naming this issue, 2025–2025
1 sentence

2025Biera v. State, 280 S.W.3d 388, 394 (Tex. App.—Amarillo 2008, pet. ref’d).

11
Mendez v. Stategreen
texcrimapp · 2018 · cited in 1 Texas opinions naming this issue, 2024–2024
1 sentence

2024Mendez v. State, 545 S.W.3d 548, 552 (Tex. Crim.

11
Rogers, Williamgreen
texcrimapp · 2018 · cited in 1 Texas opinions naming this issue, 2019–2019
1 sentence

2019If, as in this case, the defendant preserved error by objecting at trial, we reverse if the error caused “some harm.” Rogers v. State, 550 S.W.3d 190, 191 (Tex. Crim.

11
Marshall v. Stategreen
texcrimapp · 2016 · cited in 1 Texas opinions naming this issue, 2017–2017
1 sentence

2017Marshall v. State, 479 S.W.3d 840, 843 (Tex. Crim.

11
Cook v. Stategreen
texcrimapp · 1993 · cited in 1 Texas opinions naming this issue, 2014–2014
1 sentence

2014See Cook, 858 S.W.2d at 473 (after court sustained defendant's objection, defendant did not ask for limiting instruction or move for - 25 - mistrial).

11
Halbrook v. Stategreen
texapp · 2010 · cited in 1 Texas opinions naming this issue, 2014–2014
1 sentence

2014See Halbrook, 322 S.W.3d at 722 ; Zarco, 210 S.W.3d at 828-29 ; Long, 800 S.W.2d at 548 .

11
Wilson v. Stategreen
texcrimapp · 2010 · cited in 1 Texas opinions naming this issue, 2013–2013
11
Pickens v. Stategreen
texcrimapp · 2005 · cited in 1 Texas opinions naming this issue, 2008–2008
11
Henry v. Stategreen
texcrimapp · 1987 · cited in 1 Texas opinions naming this issue, 1988–1988
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 (16)

CaseCitedYears
Crawford v. Washington green
scotus · 2004
2 sentences

2006Crawford, 541 U.S. at 36 , 124 S.Ct. at 1355 . 3 .

2005Crawford , 541 U.S. at 36 , 124 S. Ct. at 1355 . [3] In issue three, we have already overruled Rios’s complaint concerning the adequacy of the corroboration of the accomplice’s testimony under Article 38.14 as required by Cathey v. State , 992 S.W.2d 460 , 462–63 (Tex. Crim.

42004–2006
Bill Boyd Kuhn v. State green
texapp · 2013
2 sentences

2016See Ngo, 175 S.W.3d at 743 ; Kuhn, 393 S.W.3d at 524 .

2015Ngo, 175 S.W.3d at 743 ; Kuhn, 393 S.W.3d at 524 .

32015–2016
Guzman v. State green
texapp · 2017
1 sentence

2024Rogers, 677 S.W.3d at 712; Guzman, 539 S.W.3d at 400 .

12024–2024
MEMC Pasadena, Inc. v. Riddle Power, LLC green
texapp · 2015
1 sentence

2023Subsequently, in MEMC Pasadena, Inc. v. Riddle Power, LLC, an appellate court found that a defendant preserved error as to the economic loss rule when it raised the issue for the first time in a post-trial motion. 472 S.W.3d at 411 n.8.

12023–2023
Turner, Albert James green
texcrimapp · 2018
1 sentence

2023To preserve a McCoy complaint, a defendant must present “express statements of [his] will to maintain innocence.” Turner, 570 S.W.3d at 276 .

12023–2023
Johnson v. State green
texcrimapp · 2001
1 sentence

2020App. 2016) (providing that the defendant preserved error where he made eleven specific challenges for cause, used peremptory challenges on the complained-of venire members, exhausted all of his peremptory strikes, was denied his request for additional strikes, and was forced to accept an objectionable juror to sit on the jury); Johnson, 43 S.W.3d at 7 .

12020–2020
Ferreira v. State green
texapp · 2016
1 sentence

2019See Ngo, 175 S.W.3d at 743 ; Ferreira, 514 S.W.3d at 300 .

12019–2019
Brooks v. State green
texapp · 2012
1 sentence

2015Brooks, 357 S.W.3d at 782 (citing Herron, 86 S.W.3d at 632 ).

12015–2015
Draughon v. State green
texcrimapp · 1992
1 sentence

2015App. 1983) contains harm standards for "both 'fundamental error and (explaining that term acquiring technical meaning ordinary reversible error' in jury charges." 5 As a result, need not necessarily be defined). all jury charge error must be considered, whether or not 11 Medford, 13 S.W.3d at 772. the defendant preserved error. 6 And we have specifically 12 See Draughon v. State, 831 S.W.2d 331 , 338 applied the harmless error rule of Art. 36.19 to Art. 38.23.

12015–2015
Barrios v. State green
texcrimapp · 2009
1 sentence

2014Id.

12014–2014
Long v. State green
texcrimapp · 1990
1 sentence

2014See Halbrook, 322 S.W.3d at 722 ; Zarco, 210 S.W.3d at 828-29 ; Long, 800 S.W.2d at 548 .

12014–2014
Zarco v. State green
texapp · 2006
1 sentence

2014See Halbrook, 322 S.W.3d at 722 ; Zarco, 210 S.W.3d at 828-29 ; Long, 800 S.W.2d at 548 .

12014–2014
Harris County v. Smith green
tex · 2002
12013–2013
Cathey v. State green
texcrimapp · 1999
12005–2005
Garza v. State green
texcrimapp · 2004
12004–2004
DeBlanc v. State green
texcrimapp · 1987
11988–1988

Statutes the citing opinions construe

TX § Tex. Penal Code § 19.02 (19) TX § Tex. Penal Code § 1.07 (13) TX § Tex. Penal Code § 22.021 (12) TX § Tex. Penal Code § 19.03 (10) TX § Tex. Penal Code § 22.02 (9) TX § Tex. Penal Code § 6.03 (9) TX § Tex. Penal Code § 22.01 (8) TX § Tex. Penal Code § 7.02 (7) TX § Tex. Penal Code § 21.11 (6) TX § Tex. Penal Code § 12.32 (5) TX § Tex. Penal Code § 49.04 (5) TX § Tex. Penal Code § 7.01 (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.

Where else courts name it

TX 139 (1988–2026) CT 22 (1984–2022) NY 14 (1993–2026) CO 9 (2005–2026) MI 5 (2016–2024) IA 4 (2011–2022) OR 4 (2015–2024) WA 4 (2000–2023) IL 3 (2010–2012) MA 3 (2000–2015) PA 3 (1988–2026) VT 3 (2012–2024) CA 2 (2018–2025) FL 2 (1975–2009) IN 2 (2018–2019) NM 2 (2001–2004) NV 2 (2015–2019)

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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