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17 Texas opinions name it 2 courts 1990–2025 2 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.
| Case | Followed | Cited |
|---|---|---|
Fuller v. Stategreen2 sentences2012Evidence that a murder was committed with deliberation and forethought may be sufficient for a finding of future dangerousness. 54 App. 1987 ) The Keeton factors are: (1) the circumstances of the capital offense, including the defendant’s state of mind and whether he or she was working alone or with other parties; (2) the calculated nature of the defendant’s acts; (3) the forethought and deliberateness exhibited by the crime’s execution; (4) the existence of a prior criminal record; (5) the defendant’s age and personal circumstances at the time of the offense; (6) whether the defendant was act 2012Evidence that a murder was committed with deliberation and forethought may be sufficient for a finding of future dangerousness. 54 App. 1987 ) The Keeton factors are: (1) the circumstances of the capital offense, including the defendant’s state of mind and whether he or she was working alone or with other parties; (2) the calculated nature of the defendant’s acts; (3) the forethought and deliberateness exhibited by the crime’s execution; (4) the existence of a prior criminal record; (5) the defendant’s age and personal circumstances at the time of the offense; (6) whether the defendant was act | 4 | 5 |
Keeton v. Stategreen2 sentences1993Georgia v. McCollum, ___ U.S. ___, 112 S.Ct. 2348 , 120 L.Ed.2d 33 (1992). [1] Emerson also recognizes that the legitimacy of race-neutral explanations for the use of peremptory strikes can be weighed against the " Keeton factors." Emerson, 851 S.W.2d at 273 ; Keeton v. State, 749 S.W.2d 861, 868 (Tex.Crim.App. 1988). 1993Emerson also recognizes that the legitimacy of race-neutral explanations for the use of peremp tory strikes can be weighed against the “Keeton factors." Emerson, 851 S.W.2d at 273 ; Keeton v. State, 749 S.W.2d 861, 868 (Tex.Crim.App. 1988). | 3 | 3 |
Sonnier v. Stategreen2 sentences2012App. 2008); Sonnier v. State, 913 S.W.2d 511, 517 (Tex. Crim. 2012App. 2008); Sonnier v. State, 913 S.W.2d 511, 517 (Tex. Crim. | 2 | 2 |
Keeton v. Stategreen2 sentences2011But, as we recently re-emphasized in Estrada v. State,29 our appellate review of the sufficiency of the evidence to establish future dangerousness is not limited to the defendant’s probable conduct within prison walls, even with the advent of life-without-parole as the exclusive alternative to the death penalty for capital offenders.30 We hold that the evidence was legally sufficient to support the jury’s determination that the appellant would commit criminal acts of violence that would constitute a continuing threat to society and overrule the appellant’s sixth point of error. 27 State’s brie 2011But, as we recently re-emphasized in Estrada v. State,29 our appellate review of the sufficiency of the evidence to establish future dangerousness is not limited to the defendant’s probable conduct within prison walls, even with the advent of life-without-parole as the exclusive alternative to the death penalty for capital offenders.30 We hold that the evidence was legally sufficient to support the jury’s determination that the appellant would commit criminal acts of violence that would constitute a continuing threat to society and overrule the appellant’s sixth point of error. 27 State’s brie | 1 | 5 |
Estrada v. Stategreen2 sentences2011The Keeton factors include the circumstances of the offense, the calculated or deliberate nature of the defendant's acts, the degree and severity of the defendant's prior criminal record, his age and personal circumstances, whether duress was involved, and any psychiatric or character evidence. 29. 313 S.W.3d 274 (Tex. Crim. 2011The Keeton factors include the circumstances of the offense, the calculated or deliberate nature of the defendant's acts, the degree and severity of the defendant's prior criminal record, his age and personal circumstances, whether duress was involved, and any psychiatric or character evidence. 29. 313 S.W.3d 274 (Tex. Crim. | 1 | 2 |
Martinez v. Stategreen2 sentences1996The majority holds five of the Keeton factors support a rational finding of "future dangerousness." Ante, 924 S.W.2d at 697 . 1996The majority holds five of the Keeton factors support a rational finding of "future dangerousness." Ante, 924 S.W.2d at 697 . | 1 | 2 |
in Re State of Texasgreen1 sentence2025State v. Naylor, 466 S.W.3d 783, 805 (Tex. 2015) (“A court without jurisdiction has power to do only one thing: dismiss.”). | 1 | 1 |
Kunkle v. Stategreen2 sentences2010Fuller v. State, 253 S.W.3d 220, 231-32 (Tex.Crim.App.2008); Sonnier v. State, 913 S.W.2d 511, 517 (Tex.Crim.App.1995); Kunkle v. State, 771 S.W.2d 435, 449 (Tex.Crim.App.1986). 2010Fuller v. State, 253 S.W.3d 220, 231-32 (Tex.Crim.App.2008); Sonnier v. State, 913 S.W.2d 511, 517 (Tex.Crim.App.1995); Kunkle v. State, 771 S.W.2d 435, 449 (Tex.Crim.App.1986). | 1 | 1 |
Bell v. Stategreen2 sentences2001Although the Keeton factors are relevant, the circumstances of the offense “can be among the most revealing evidence of future dangerousness and alone may be sufficient to support an affirmative answer to that special issue.” Wilson v. State, 7 S.W.3d 136, 142 (Tex.Crim.App.1999)(citing Bell v. State, 938 S.W.2d 35, 41 (Tex.Crim.App.1996), cer t. denied, 522 U.S. 827 , 118 S.Ct. 90 , 139 L.Ed.2d 46 (1997)). 2001Although the Keeton factors are relevant, the circumstances of the offense “can be among the most revealing evidence of future dangerousness and alone may be sufficient to support an affirmative answer to that special issue.” Wilson v. State, 7 S.W.3d 136, 142 (Tex.Crim.App.1999)(citing Bell v. State, 938 S.W.2d 35, 41 (Tex.Crim.App.1996), cer t. denied, 522 U.S. 827 , 118 S.Ct. 90 , 139 L.Ed.2d 46 (1997)). | 1 | 1 |
Wilson v. Stategreen2 sentences2001Although the Keeton factors are relevant, the circumstances of the offense “can be among the most revealing evidence of future dangerousness and alone may be sufficient to support an affirmative answer to that special issue.” Wilson v. State, 7 S.W.3d 136, 142 (Tex.Crim.App.1999)(citing Bell v. State, 938 S.W.2d 35, 41 (Tex.Crim.App.1996), cer t. denied, 522 U.S. 827 , 118 S.Ct. 90 , 139 L.Ed.2d 46 (1997)). 2001Although the Keeton factors are relevant, the circumstances of the offense “can be among the most revealing evidence of future dangerousness and alone may be sufficient to support an affirmative answer to that special issue.” Wilson v. State, 7 S.W.3d 136, 142 (Tex.Crim.App.1999)(citing Bell v. State, 938 S.W.2d 35, 41 (Tex.Crim.App.1996), cer t. denied, 522 U.S. 827 , 118 S.Ct. 90 , 139 L.Ed.2d 46 (1997)). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Whitsey v. State
green
2 sentences2014App. 1991) (approving Keeton factors under “clearly erroneous” standard of review); Whitsey v. State, 796 S.W.2d 707 , 713–14 (Tex. Crim. 2009The majority also relies on what I shall refer to as the Keeton factors, one of which is “lack of questioning” or “a lack of meaningful questions.” See Whitsey v. State, 796 S.W.2d 707 , 713-14 (Tex. Crim. | 2 | 2009–2014 |
Williams v. State
green
1 sentence2025These factors are “useful in making a determination that the State’s proffered race-neutral reasons are supported by the record, as well as the trial court’s findings.” Williams, 804 S.W.2d at 105–06. | 1 | 2025–2025 |
Carson v. Charter Medical
green
2 sentences2001Although the Keeton factors are relevant, the circumstances of the offense “can be among the most revealing evidence of future dangerousness and alone may be sufficient to support an affirmative answer to that special issue.” Wilson v. State, 7 S.W.3d 136, 142 (Tex.Crim.App.1999)(citing Bell v. State, 938 S.W.2d 35, 41 (Tex.Crim.App.1996), cer t. denied, 522 U.S. 827 , 118 S.Ct. 90 , 139 L.Ed.2d 46 (1997)). 2001Although the Keeton factors are relevant, the circumstances of the offense “can be among the most revealing evidence of future dangerousness and alone may be sufficient to support an affirmative answer to that special issue.” Wilson v. State, 7 S.W.3d 136, 142 (Tex.Crim.App.1999)(citing Bell v. State, 938 S.W.2d 35, 41 (Tex.Crim.App.1996), cer t. denied, 522 U.S. 827 , 118 S.Ct. 90 , 139 L.Ed.2d 46 (1997)). | 1 | 2001–2001 |
Marion County Lumber Corp. v. Whipple
green
2 sentences2001Although the Keeton factors are relevant, the circumstances of the offense “can be among the most revealing evidence of future dangerousness and alone may be sufficient to support an affirmative answer to that special issue.” Wilson v. State, 7 S.W.3d 136, 142 (Tex.Crim.App.1999)(citing Bell v. State, 938 S.W.2d 35, 41 (Tex.Crim.App.1996), cer t. denied, 522 U.S. 827 , 118 S.Ct. 90 , 139 L.Ed.2d 46 (1997)). 2001Although the Keeton factors are relevant, the circumstances of the offense “can be among the most revealing evidence of future dangerousness and alone may be sufficient to support an affirmative answer to that special issue.” Wilson v. State, 7 S.W.3d 136, 142 (Tex.Crim.App.1999)(citing Bell v. State, 938 S.W.2d 35, 41 (Tex.Crim.App.1996), cer t. denied, 522 U.S. 827 , 118 S.Ct. 90 , 139 L.Ed.2d 46 (1997)). | 1 | 2001–2001 |
Clemons v. Mississippi
green
2 sentences1998Instead, those factors are simply guides to the kinds of evidence that we recognize as tending to support future dangerousness. [7] The issue, required by Article 37.071, § 2(e), asks: Whether, taking into consideration all of the evidence, including the circumstances of the offense, the defendant's character and background, and the personal moral culpability of the defendant, there is a sufficient mitigating circumstance or circumstances to warrant that a sentence of life imprisonment rather than a death sentence be imposed. [1] By "meaningful appellate review," the concurring and dissenting 1998Instead, those factors are simply guides to the kinds of evidence that we recognize as tending to support future dangerousness. [7] The issue, required by Article 37.071, § 2(e), asks: Whether, taking into consideration all of the evidence, including the circumstances of the offense, the defendant's character and background, and the personal moral culpability of the defendant, there is a sufficient mitigating circumstance or circumstances to warrant that a sentence of life imprisonment rather than a death sentence be imposed. [1] By "meaningful appellate review," the concurring and dissenting | 1 | 1998–1998 |
Georgia v. McCollum
green
2 sentences1993Georgia v. McCollum, ___ U.S. ___, 112 S.Ct. 2348 , 120 L.Ed.2d 33 (1992). [1] Emerson also recognizes that the legitimacy of race-neutral explanations for the use of peremptory strikes can be weighed against the " Keeton factors." Emerson, 851 S.W.2d at 273 ; Keeton v. State, 749 S.W.2d 861, 868 (Tex.Crim.App. 1988). 1993Georgia v. McCollum, ___ U.S. ___, 112 S.Ct. 2348 , 120 L.Ed.2d 33 (1992). [1] Emerson also recognizes that the legitimacy of race-neutral explanations for the use of peremptory strikes can be weighed against the " Keeton factors." Emerson, 851 S.W.2d at 273 ; Keeton v. State, 749 S.W.2d 861, 868 (Tex.Crim.App. 1988). | 1 | 1993–1993 |
Emerson v. State
green
2 sentences1993Georgia v. McCollum, ___ U.S. ___, 112 S.Ct. 2348 , 120 L.Ed.2d 33 (1992). [1] Emerson also recognizes that the legitimacy of race-neutral explanations for the use of peremptory strikes can be weighed against the " Keeton factors." Emerson, 851 S.W.2d at 273 ; Keeton v. State, 749 S.W.2d 861, 868 (Tex.Crim.App. 1988). 1993Emerson also recognizes that the legitimacy of race-neutral explanations for the use of peremp tory strikes can be weighed against the “Keeton factors." Emerson, 851 S.W.2d at 273 ; Keeton v. State, 749 S.W.2d 861, 868 (Tex.Crim.App. 1988). | 1 | 1993–1993 |
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.
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.