federal harmless error (Texas) · Go Syfert
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federal harmless error in Texas

17 Texas opinions name it 2 courts 1987–2021 1 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 (15)

CaseFollowedCited
Chapman v. Californiared
scotus · 1967 · cited in 3 Texas opinions naming this issue, 1995–2021
2 sentences

2021Chapman v. California, 386 U.S. 18, 21 (1967) (“We have no hesitation in saying that the right of these petitioners not to be punished for exercising their Fifth and Fourteenth Amendment right to be silent—expressly created by the Federal Constitution itself—is a federal right which, in the absence of appropriate congressional action, it is our responsibility to protect by fashioning the necessary rule.”).33 33 In Kooteakos v. United States, the Supreme Court discussed the origin of the federal harmless error rule, noting 32 Yet, creating such a burden is one thing; defining how the burden wor

1995The case most often cited for the formulation of the federal harmless error rule is Chapman v. California, 386 U.S. 18 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967).

23
Carranza v. Stategreen
texcrimapp · 1998 · cited in 2 Texas opinions naming this issue, 2001–2001
2 sentences

2001Carranza v. State, 980 S.W.2d 653, 657 (Tex. Crim .

2001Carranza v. State, 980 S.W.2d 653, 657 (Tex.Crim.App.1998).

22
Belyeu v. Stategreen
texcrimapp · 1989 · cited in 2 Texas opinions naming this issue, 1993–1997
2 sentences

1997In such a case, we apply the federal harmless error standard which is the equiva lent of Texas Rule of Appellate Procedure 81(b)(2). 1 Belyeu v. State, 791 S.W.2d 66, 75 (Tex.Crim.App.1989); see also Beathard v. State, 767 S.W.2d 423 (Tex.Crim.App.1989).

1993Belyeu v. State, 791 S.W.2d 66, 75 (Tex.Crim.App.1989).

22
Mallory v. Stategreen
texcrimapp · 1988 · cited in 2 Texas opinions naming this issue, 1995–1995
2 sentences

1995Mallory v. State , 752 S.W.2d 566, 569-70 (Tex. Crim.

1995Mallory v. State, 752 S.W.2d 566, 569-70 (Tex.Crim.App.1988).

22
Kotteakos v. United Statesgreen
scotus · 1946 · cited in 2 Texas opinions naming this issue, 1998–2000
2 sentences

2000However, its citation and reliance upon Kotteakos v. United States , 328 U.S. 750, 776 , 66 S.Ct.1239, 1253, 90 L.Ed.2d 1557 (1946), in which the Supreme Court applied the federal harmless error statute to a variance between an indictment and the jury charge in a conspiracy trial renders the case applicable to the determination of whether a substantial right has been affected.

1998See Kotteakos, 328 U.S. at 757 , 66 S.Ct. at 1243-44 (interpreting 28 U.S.C. § 391 ).

12
Barrera v. Stategreen
texcrimapp · 1998 · cited in 1 Texas opinions naming this issue, 2010–2010
1 sentence

2010See id.

11
Hinds v. Stategreen
texapp · 1998 · cited in 1 Texas opinions naming this issue, 2000–2000
1 sentence

2000See e.g., United States v. Lane, 474 U.S. at 450 , 106 S.Ct. at 732 (misjoinder error held to be hamless in fight of overwhelming evidence of guilt); King v. State, 953 S.W.2d 266, 273 (Tex.Crim.App.1997) (in fight of the overwhelming evidence of future dangerousness that was properly admitted, any error in admitting certain other evidence did not have a substantial or injurious influence on the jury’s decision); Matthews v. State, 979 S.W.2d 720, 723 (Tex.App.—Eastland 1998, no pet.) (admission of evidence of extraneous offense of assault was harmless in child abuse case, and did not effect d

11
King v. Stategreen
texcrimapp · 1997 · cited in 1 Texas opinions naming this issue, 2000–2000
1 sentence

2000See e.g., United States v. Lane, 474 U.S. at 450 , 106 S.Ct. at 732 (misjoinder error held to be hamless in fight of overwhelming evidence of guilt); King v. State, 953 S.W.2d 266, 273 (Tex.Crim.App.1997) (in fight of the overwhelming evidence of future dangerousness that was properly admitted, any error in admitting certain other evidence did not have a substantial or injurious influence on the jury’s decision); Matthews v. State, 979 S.W.2d 720, 723 (Tex.App.—Eastland 1998, no pet.) (admission of evidence of extraneous offense of assault was harmless in child abuse case, and did not effect d

11
Holmes v. Stategreen
texapp · 1998 · cited in 1 Texas opinions naming this issue, 2000–2000
1 sentence

2000See e.g., United States v. Lane, 474 U.S. at 450 , 106 S.Ct. at 732 (misjoinder error held to be hamless in fight of overwhelming evidence of guilt); King v. State, 953 S.W.2d 266, 273 (Tex.Crim.App.1997) (in fight of the overwhelming evidence of future dangerousness that was properly admitted, any error in admitting certain other evidence did not have a substantial or injurious influence on the jury’s decision); Matthews v. State, 979 S.W.2d 720, 723 (Tex.App.—Eastland 1998, no pet.) (admission of evidence of extraneous offense of assault was harmless in child abuse case, and did not effect d

11
Matthews v. Stategreen
texapp · 1998 · cited in 1 Texas opinions naming this issue, 2000–2000
1 sentence

2000See e.g., United States v. Lane, 474 U.S. at 450 , 106 S.Ct. at 732 (misjoinder error held to be hamless in fight of overwhelming evidence of guilt); King v. State, 953 S.W.2d 266, 273 (Tex.Crim.App.1997) (in fight of the overwhelming evidence of future dangerousness that was properly admitted, any error in admitting certain other evidence did not have a substantial or injurious influence on the jury’s decision); Matthews v. State, 979 S.W.2d 720, 723 (Tex.App.—Eastland 1998, no pet.) (admission of evidence of extraneous offense of assault was harmless in child abuse case, and did not effect d

11
Haney v. Stategreen
texapp · 1998 · cited in 1 Texas opinions naming this issue, 2000–2000
1 sentence

2000See e.g., United States v. Lane, 474 U.S. at 450 , 106 S.Ct. at 732 (misjoinder error held to be hamless in fight of overwhelming evidence of guilt); King v. State, 953 S.W.2d 266, 273 (Tex.Crim.App.1997) (in fight of the overwhelming evidence of future dangerousness that was properly admitted, any error in admitting certain other evidence did not have a substantial or injurious influence on the jury’s decision); Matthews v. State, 979 S.W.2d 720, 723 (Tex.App.—Eastland 1998, no pet.) (admission of evidence of extraneous offense of assault was harmless in child abuse case, and did not effect d

11
United States v. Lanegreen
scotus · 1986 · cited in 1 Texas opinions naming this issue, 2000–2000
2 sentences

2000See e.g., United States v. Lane, 474 U.S. at 450 , 106 S.Ct. at 732 (misjoinder error held to be hamless in fight of overwhelming evidence of guilt); King v. State, 953 S.W.2d 266, 273 (Tex.Crim.App.1997) (in fight of the overwhelming evidence of future dangerousness that was properly admitted, any error in admitting certain other evidence did not have a substantial or injurious influence on the jury’s decision); Matthews v. State, 979 S.W.2d 720, 723 (Tex.App.—Eastland 1998, no pet.) (admission of evidence of extraneous offense of assault was harmless in child abuse case, and did not effect d

2000See e.g., United States v. Lane, 474 U.S. at 450 , 106 S.Ct. at 732 (misjoinder error held to be hamless in fight of overwhelming evidence of guilt); King v. State, 953 S.W.2d 266, 273 (Tex.Crim.App.1997) (in fight of the overwhelming evidence of future dangerousness that was properly admitted, any error in admitting certain other evidence did not have a substantial or injurious influence on the jury’s decision); Matthews v. State, 979 S.W.2d 720, 723 (Tex.App.—Eastland 1998, no pet.) (admission of evidence of extraneous offense of assault was harmless in child abuse case, and did not effect d

11
Barrera v. Stategreen
texapp · 1997 · cited in 1 Texas opinions naming this issue, 1998–1998
2 sentences

1998The court of appeals agreed that the trial court erred, and then analyzed that error under the federal harmless error rule because “we do not apply Almanza ... if the error implicates rights flowing from the United States Constitution.” Barrera v. State, 951 S.W.2d 153, 157 (Tex.App.— Corpus Christi 1997).

1998The court of appeals agreed that the trial court erred, and then analyzed that error under the federal harmless error rule because "we do not apply Almanza ... if the error implicates rights flowing from the United States Constitution." Barrera v. State, 951 S.W.2d 153, 157 (Tex.App.- Corpus Christi 1997).

11
Beathard v. Stategreen
texcrimapp · 1989 · cited in 1 Texas opinions naming this issue, 1997–1997
1 sentence

1997In such a case, we apply the federal harmless error standard which is the equiva lent of Texas Rule of Appellate Procedure 81(b)(2). 1 Belyeu v. State, 791 S.W.2d 66, 75 (Tex.Crim.App.1989); see also Beathard v. State, 767 S.W.2d 423 (Tex.Crim.App.1989).

11
Almanza v. Stategreen
texcrimapp · 1985 · cited in 1 Texas opinions naming this issue, 1993–1993
1 sentence

1993We apply the harm analysis set forth in Almanza v. State, 686 S.W.2d 157, 171-72 (Tex.Crim.App.1984) (opinion on rehearing), unless the error implicates rights flowing from the United States Constitution, in which case we apply the federal harmless error standard, the equivalent of Tex.R.App.P. 81(b)(2).

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 (8)

CaseCitedYears
Neder v. United States green
scotus · 1999
1 sentence

2018Id. at 8 .

12018–2018
Howland v. State green
· 1999
1 sentence

2000See e.g., United States v. Lane, 474 U.S. at 450 , 106 S.Ct. at 732 (misjoinder error held to be hamless in fight of overwhelming evidence of guilt); King v. State, 953 S.W.2d 266, 273 (Tex.Crim.App.1997) (in fight of the overwhelming evidence of future dangerousness that was properly admitted, any error in admitting certain other evidence did not have a substantial or injurious influence on the jury’s decision); Matthews v. State, 979 S.W.2d 720, 723 (Tex.App.—Eastland 1998, no pet.) (admission of evidence of extraneous offense of assault was harmless in child abuse case, and did not effect d

12000–2000
Fahy v. Connecticut green
scotus · 1963
2 sentences

1996The federal harmless error standard was established in Fahy v. Connecticut, 375 U.S. 85 , 84 S.Ct. 229 , 11 L.Ed.2d 171 (1963): "Whether there is a reasonable probability that the evidence complained of might have contributed to the conviction," and the common law rule which placed on the beneficiary of the error the burden of proving that no injury was suffered as a result of the error.

1996The federal harmless error standard was established in Fahy v. Connecticut, 375 U.S. 85 , 84 S.Ct. 229 , 11 L.Ed.2d 171 (1963): "Whether there is a reasonable probability that the evidence complained of might have contributed to the conviction," and the common law rule which placed on the beneficiary of the error the burden of proving that no injury was suffered as a result of the error.

11996–1996
Satterwhite v. Texas green
scotus · 1988
2 sentences

1989Without any analysis or any particular instructions, the Supreme Court of the United States in this cause vacated this Court’s original judgment and remanded the cause to this Court “for further consideration in light of Satterwhite v. Texas, 486 U.S.-, 108 S.Ct. 1792 , 100 L.Ed.2d 284 (1988).” The Supreme Court’s remand order in this cause reads much like the one found in Parker v. Texas, 453 U.S. 902 , 101 S.Ct. 3134 , 69 L.Ed.2d 988 (1981), in which the Supreme Court remanded that cause “for further consideration in light of Estelle v. Smith.” In Parker v. State, 594 S.W.2d 419 (Tex.Cr.App.

1989Without any analysis or any particular instructions, the Supreme Court of the United States in this cause vacated this Court’s original judgment and remanded the cause to this Court “for further consideration in light of Satterwhite v. Texas, 486 U.S.-, 108 S.Ct. 1792 , 100 L.Ed.2d 284 (1988).” The Supreme Court’s remand order in this cause reads much like the one found in Parker v. Texas, 453 U.S. 902 , 101 S.Ct. 3134 , 69 L.Ed.2d 988 (1981), in which the Supreme Court remanded that cause “for further consideration in light of Estelle v. Smith.” In Parker v. State, 594 S.W.2d 419 (Tex.Cr.App.

11989–1989
Parker v. State green
texcrimapp · 1980
2 sentences

1989Without any analysis or any particular instructions, the Supreme Court of the United States in this cause vacated this Court’s original judgment and remanded the cause to this Court “for further consideration in light of Satterwhite v. Texas, 486 U.S.-, 108 S.Ct. 1792 , 100 L.Ed.2d 284 (1988).” The Supreme Court’s remand order in this cause reads much like the one found in Parker v. Texas, 453 U.S. 902 , 101 S.Ct. 3134 , 69 L.Ed.2d 988 (1981), in which the Supreme Court remanded that cause “for further consideration in light of Estelle v. Smith.” In Parker v. State, 594 S.W.2d 419 (Tex.Cr.App.

1989Without any analysis or any particular instructions, the Supreme Court of the United States in this cause vacated this Court's original judgment and remanded the cause to this Court "for further consideration in light of Satterwhite v. Texas, 486 U.S. ___ , 108 S.Ct. 1792 , 100 L.Ed.2d 284 (1988)." The Supreme Court's remand order in this cause reads much like the one found in Parker v. Texas, 453 U.S. 902 , 101 S.Ct. 3134 , 69 L.Ed.2d 988 (1981), in which the Supreme Court remanded that cause "for further consideration in light of Estelle v. Smith . " In Parker v. State, 594 S.W.2d 419 (Tex.

11989–1989
United States Postal Service Board of Governors v. Aikens green
scotus · 1981
2 sentences

1989Without any analysis or any particular instructions, the Supreme Court of the United States in this cause vacated this Court’s original judgment and remanded the cause to this Court “for further consideration in light of Satterwhite v. Texas, 486 U.S.-, 108 S.Ct. 1792 , 100 L.Ed.2d 284 (1988).” The Supreme Court’s remand order in this cause reads much like the one found in Parker v. Texas, 453 U.S. 902 , 101 S.Ct. 3134 , 69 L.Ed.2d 988 (1981), in which the Supreme Court remanded that cause “for further consideration in light of Estelle v. Smith.” In Parker v. State, 594 S.W.2d 419 (Tex.Cr.App.

1989Without any analysis or any particular instructions, the Supreme Court of the United States in this cause vacated this Court's original judgment and remanded the cause to this Court "for further consideration in light of Satterwhite v. Texas, 486 U.S. ___ , 108 S.Ct. 1792 , 100 L.Ed.2d 284 (1988)." The Supreme Court's remand order in this cause reads much like the one found in Parker v. Texas, 453 U.S. 902 , 101 S.Ct. 3134 , 69 L.Ed.2d 988 (1981), in which the Supreme Court remanded that cause "for further consideration in light of Estelle v. Smith . " In Parker v. State, 594 S.W.2d 419 (Tex.

11989–1989
James v. Ford Motor Credit Co. green
scotus · 1981
2 sentences

1989Without any analysis or any particular instructions, the Supreme Court of the United States in this cause vacated this Court’s original judgment and remanded the cause to this Court “for further consideration in light of Satterwhite v. Texas, 486 U.S.-, 108 S.Ct. 1792 , 100 L.Ed.2d 284 (1988).” The Supreme Court’s remand order in this cause reads much like the one found in Parker v. Texas, 453 U.S. 902 , 101 S.Ct. 3134 , 69 L.Ed.2d 988 (1981), in which the Supreme Court remanded that cause “for further consideration in light of Estelle v. Smith.” In Parker v. State, 594 S.W.2d 419 (Tex.Cr.App.

1989Without any analysis or any particular instructions, the Supreme Court of the United States in this cause vacated this Court's original judgment and remanded the cause to this Court "for further consideration in light of Satterwhite v. Texas, 486 U.S. ___ , 108 S.Ct. 1792 , 100 L.Ed.2d 284 (1988)." The Supreme Court's remand order in this cause reads much like the one found in Parker v. Texas, 453 U.S. 902 , 101 S.Ct. 3134 , 69 L.Ed.2d 988 (1981), in which the Supreme Court remanded that cause "for further consideration in light of Estelle v. Smith . " In Parker v. State, 594 S.W.2d 419 (Tex.

11989–1989
Zant v. Stephens green
scotus · 1983
2 sentences

1987He then relies on Zant v. Stephens, 462 U.S. 862 , 103 S.Ct. 2733 , 77 L.Ed.2d 235 (1983), to argue that a federal harmless error analysis cannot be used and, thus, his death sentence should.be vacated.

1987He then relies on Zant v. Stephens, 462 U.S. 862 , 103 S.Ct. 2733 , 77 L.Ed.2d 235 (1983), to argue that a federal harmless error analysis cannot be used and, thus, his death sentence should.be vacated.

11987–1987

Where else courts name it

CA 38 (1967–2026) KS 21 (1969–2021) OR 20 (1983–2025) TX 17 (1987–2021) LA 14 (1969–1989) PA 8 (1978–2024) IN 8 (1975–2005) WI 6 (1977–2018) WA 4 (2002–2008) MT 4 (1989–2001) MI 4 (1994–2021) ID 4 (1986–2010) FL 3 (1998–2025) TN 2 (1999–2000) RI 2 (1973–1980) OH 2 (1968–1987) VT 2 (1985–1989) ME 2 (2024–2025)

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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