accomplice-witness jury instruction (Texas) · Go Syfert
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accomplice-witness jury instruction in Texas

18 Texas opinions name it 2 courts 1998–2025 3 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 (22)

CaseFollowedCited
Almanza v. Statered
texcrimapp · 1985 · cited in 4 Texas opinions naming this issue, 2005–2014
2 sentences

2014See Almanza v. State, 686 S.W.2d 157, 171 (Tex. Crim.

2006See Almanza v. State, 686 S.W.2d 157, 171 (Tex.Crim.App.1985).

44
Howard v. State of Texasgreen
texapp · 1998 · cited in 3 Texas opinions naming this issue, 2013–2015
2 sentences

2015See Freeman v. State, 352 S.W.3d 77, 82 (Tex.App.–Houston [14th Dist.] 2011, pet. ref'd); Howard v. State, 972 S.W.2d 121, 126 (Tex.App.–Austin 1998, no pet.).

2013See Freeman v. State, 352 S.W.3d 77, 82 (Tex.App.-Houston [14th Dist.] 2011, pet. ref'd); Howard v. State, 972 S.W.2d 121, 126 (Tex.App.-Austin 1998, no pet.).

33
Freeman v. Stategreen
texapp · 2011 · cited in 3 Texas opinions naming this issue, 2013–2015
2 sentences

2015See Freeman v. State, 352 S.W.3d 77, 82 (Tex.App.–Houston [14th Dist.] 2011, pet. ref'd); Howard v. State, 972 S.W.2d 121, 126 (Tex.App.–Austin 1998, no pet.).

2013See Freeman v. State, 352 S.W.3d 77, 82 (Tex.App.-Houston [14th Dist.] 2011, pet. ref'd); Howard v. State, 972 S.W.2d 121, 126 (Tex.App.-Austin 1998, no pet.).

33
Cocke v. Stategreen
texcrimapp · 2006 · cited in 3 Texas opinions naming this issue, 2009–2015
2 sentences

2015Cocke v. State, 201 S.W.3d 744, 748 (Tex.Crim.App. 2006).

2014Cocke v. State, 201 S.W.3d 744, 748 (Tex. Crim.

33
Davis v. Stategreen
texcrimapp · 2009 · cited in 1 Texas opinions naming this issue, 2025–2025
1 sentence

2025See Davis v. State, 278 S.W.3d 346, 352 (Tex. Crim. App. 2009) (holding performance deficient in jury trial in which trial counsel failed to request an accomplice witness jury instruction).

11
HART, ROBERT EARL v. the State of Texasgreen
texcrimapp · 2023 · cited in 1 Texas opinions naming this issue, 2024–2024
1 sentence

2024Hart, 667 S.W.3d at 782. “[I]t is difficult to envision that any competent attorney would reasonably forego an accomplice-witness jury instruction as a matter of strategy based on his theory of the case.” Zamora, 411 S.W.3d at 514 .

11
State v. Belchergreen
texapp · 2006 · cited in 1 Texas opinions naming this issue, 2017–2017
1 sentence

2017State v. Belcher, 183 S.W.3d 443, 449-50 (Tex. App.—Houston [14th Dist.] 2005, no pet,) (holding that a new trial was justified where trial counsel admitted error in failing to exercise peremptory challenges); State v. Trevino, 930 S.W.2d 713, 715-16 (Tex. App.—Corpus Christi 1996, pet. ref’d.) (holding that a new trial was warranted “in the interest of justice” based upon a lack of an accomplice witness jury instruction); State v. Dixon, 893 S.W.2d 286, 288 (Tex. App.—Texarkana 1995, no pet.) (upholding a trial court’s order granting a new trial based upon Batson error and ineffective assista

11
State v. Trevinogreen
texapp · 1996 · cited in 1 Texas opinions naming this issue, 2017–2017
1 sentence

2017State v. Belcher, 183 S.W.3d 443, 449-50 (Tex. App.—Houston [14th Dist.] 2005, no pet,) (holding that a new trial was justified where trial counsel admitted error in failing to exercise peremptory challenges); State v. Trevino, 930 S.W.2d 713, 715-16 (Tex. App.—Corpus Christi 1996, pet. ref’d.) (holding that a new trial was warranted “in the interest of justice” based upon a lack of an accomplice witness jury instruction); State v. Dixon, 893 S.W.2d 286, 288 (Tex. App.—Texarkana 1995, no pet.) (upholding a trial court’s order granting a new trial based upon Batson error and ineffective assista

11
State v. Dixongreen
texapp · 1995 · cited in 1 Texas opinions naming this issue, 2017–2017
1 sentence

2017State v. Belcher, 183 S.W.3d 443, 449-50 (Tex. App.—Houston [14th Dist.] 2005, no pet,) (holding that a new trial was justified where trial counsel admitted error in failing to exercise peremptory challenges); State v. Trevino, 930 S.W.2d 713, 715-16 (Tex. App.—Corpus Christi 1996, pet. ref’d.) (holding that a new trial was warranted “in the interest of justice” based upon a lack of an accomplice witness jury instruction); State v. Dixon, 893 S.W.2d 286, 288 (Tex. App.—Texarkana 1995, no pet.) (upholding a trial court’s order granting a new trial based upon Batson error and ineffective assista

11
Goodspeed v. Stategreen
texcrimapp · 2005 · cited in 1 Texas opinions naming this issue, 2003–2003
1 sentence

2003Ann. art 38.14 (Vernon 2005); Druery v. State , 225 S.W.3d 491, 498 (Tex. Crim. App. 2007). Â By their own testimony, Massey and Bell admit to being accomplices with Scott; Massey also claims that Streng participated in the entire episode as an accomplice in an effort to perpetrate insurance fraud. Â Â Â Â Â Â Â Â Â Â Â Ineffective assistance of counsel claims are evaluated under the two-part test formulated by the United States Supreme Court in Strickland v. Washington , requiring a showing of both deficient performance and prejudice. Â 466 U.S. 668, 689 (1984); Thompson v. State , 9 S.W.3d 8

11
Fox v. Stategreen
texapp · 2005 · cited in 1 Texas opinions naming this issue, 2003–2003
2 sentences

2003Ann. art 38.14 (Vernon 2005); Druery v. State , 225 S.W.3d 491, 498 (Tex. Crim. App. 2007). Â By their own testimony, Massey and Bell admit to being accomplices with Scott; Massey also claims that Streng participated in the entire episode as an accomplice in an effort to perpetrate insurance fraud. Â Â Â Â Â Â Â Â Â Â Â Ineffective assistance of counsel claims are evaluated under the two-part test formulated by the United States Supreme Court in Strickland v. Washington , requiring a showing of both deficient performance and prejudice. Â 466 U.S. 668, 689 (1984); Thompson v. State , 9 S.W.3d 8

2003Ann. art 38.14 (Vernon 2005); Druery v. State , 225 S.W.3d 491, 498 (Tex. Crim. App. 2007). Â By their own testimony, Massey and Bell admit to being accomplices with Scott; Massey also claims that Streng participated in the entire episode as an accomplice in an effort to perpetrate insurance fraud. Â Â Â Â Â Â Â Â Â Â Â Ineffective assistance of counsel claims are evaluated under the two-part test formulated by the United States Supreme Court in Strickland v. Washington , requiring a showing of both deficient performance and prejudice. Â 466 U.S. 668, 689 (1984); Thompson v. State , 9 S.W.3d 8

11
Druery v. Stategreen
texcrimapp · 2007 · cited in 1 Texas opinions naming this issue, 2003–2003
1 sentence

2003Ann. art 38.14 (Vernon 2005); Druery v. State , 225 S.W.3d 491, 498 (Tex. Crim. App. 2007). Â By their own testimony, Massey and Bell admit to being accomplices with Scott; Massey also claims that Streng participated in the entire episode as an accomplice in an effort to perpetrate insurance fraud. Â Â Â Â Â Â Â Â Â Â Â Ineffective assistance of counsel claims are evaluated under the two-part test formulated by the United States Supreme Court in Strickland v. Washington , requiring a showing of both deficient performance and prejudice. Â 466 U.S. 668, 689 (1984); Thompson v. State , 9 S.W.3d 8

11
Strickland v. Washingtongreen
scotus · 1984 · cited in 1 Texas opinions naming this issue, 2003–2003
2 sentences

2003Ann. art 38.14 (Vernon 2005); Druery v. State , 225 S.W.3d 491, 498 (Tex. Crim. App. 2007). Â By their own testimony, Massey and Bell admit to being accomplices with Scott; Massey also claims that Streng participated in the entire episode as an accomplice in an effort to perpetrate insurance fraud. Â Â Â Â Â Â Â Â Â Â Â Ineffective assistance of counsel claims are evaluated under the two-part test formulated by the United States Supreme Court in Strickland v. Washington , requiring a showing of both deficient performance and prejudice. Â 466 U.S. 668, 689 (1984); Thompson v. State , 9 S.W.3d 8

2003Ann. art 38.14 (Vernon 2005); Druery v. State , 225 S.W.3d 491, 498 (Tex. Crim. App. 2007). Â By their own testimony, Massey and Bell admit to being accomplices with Scott; Massey also claims that Streng participated in the entire episode as an accomplice in an effort to perpetrate insurance fraud. Â Â Â Â Â Â Â Â Â Â Â Ineffective assistance of counsel claims are evaluated under the two-part test formulated by the United States Supreme Court in Strickland v. Washington , requiring a showing of both deficient performance and prejudice. Â 466 U.S. 668, 689 (1984); Thompson v. State , 9 S.W.3d 8

11
Thompson v. Stategreen
texcrimapp · 1999 · cited in 1 Texas opinions naming this issue, 2003–2003
2 sentences

2003Ann. art 38.14 (Vernon 2005); Druery v. State , 225 S.W.3d 491, 498 (Tex. Crim. App. 2007). Â By their own testimony, Massey and Bell admit to being accomplices with Scott; Massey also claims that Streng participated in the entire episode as an accomplice in an effort to perpetrate insurance fraud. Â Â Â Â Â Â Â Â Â Â Â Ineffective assistance of counsel claims are evaluated under the two-part test formulated by the United States Supreme Court in Strickland v. Washington , requiring a showing of both deficient performance and prejudice. Â 466 U.S. 668, 689 (1984); Thompson v. State , 9 S.W.3d 8

2003Ann. art 38.14 (Vernon 2005); Druery v. State , 225 S.W.3d 491, 498 (Tex. Crim. App. 2007). Â By their own testimony, Massey and Bell admit to being accomplices with Scott; Massey also claims that Streng participated in the entire episode as an accomplice in an effort to perpetrate insurance fraud. Â Â Â Â Â Â Â Â Â Â Â Ineffective assistance of counsel claims are evaluated under the two-part test formulated by the United States Supreme Court in Strickland v. Washington , requiring a showing of both deficient performance and prejudice. Â 466 U.S. 668, 689 (1984); Thompson v. State , 9 S.W.3d 8

11
Mata v. Stategreen
texcrimapp · 2007 · cited in 1 Texas opinions naming this issue, 2003–2003
1 sentence

2003Ann. art 38.14 (Vernon 2005); Druery v. State , 225 S.W.3d 491, 498 (Tex. Crim. App. 2007). Â By their own testimony, Massey and Bell admit to being accomplices with Scott; Massey also claims that Streng participated in the entire episode as an accomplice in an effort to perpetrate insurance fraud. Â Â Â Â Â Â Â Â Â Â Â Ineffective assistance of counsel claims are evaluated under the two-part test formulated by the United States Supreme Court in Strickland v. Washington , requiring a showing of both deficient performance and prejudice. Â 466 U.S. 668, 689 (1984); Thompson v. State , 9 S.W.3d 8

11
Tong v. Stategreen
texcrimapp · 2000 · cited in 1 Texas opinions naming this issue, 2003–2003
2 sentences

2003Ann. art 38.14 (Vernon 2005); Druery v. State , 225 S.W.3d 491, 498 (Tex. Crim. App. 2007). Â By their own testimony, Massey and Bell admit to being accomplices with Scott; Massey also claims that Streng participated in the entire episode as an accomplice in an effort to perpetrate insurance fraud. Â Â Â Â Â Â Â Â Â Â Â Ineffective assistance of counsel claims are evaluated under the two-part test formulated by the United States Supreme Court in Strickland v. Washington , requiring a showing of both deficient performance and prejudice. Â 466 U.S. 668, 689 (1984); Thompson v. State , 9 S.W.3d 8

2003Ann. art 38.14 (Vernon 2005); Druery v. State , 225 S.W.3d 491, 498 (Tex. Crim. App. 2007). Â By their own testimony, Massey and Bell admit to being accomplices with Scott; Massey also claims that Streng participated in the entire episode as an accomplice in an effort to perpetrate insurance fraud. Â Â Â Â Â Â Â Â Â Â Â Ineffective assistance of counsel claims are evaluated under the two-part test formulated by the United States Supreme Court in Strickland v. Washington , requiring a showing of both deficient performance and prejudice. Â 466 U.S. 668, 689 (1984); Thompson v. State , 9 S.W.3d 8

11
Jackson v. Stategreen
texcrimapp · 1994 · cited in 1 Texas opinions naming this issue, 2003–2003
1 sentence

2003Ann. art 38.14 (Vernon 2005); Druery v. State , 225 S.W.3d 491, 498 (Tex. Crim. App. 2007). Â By their own testimony, Massey and Bell admit to being accomplices with Scott; Massey also claims that Streng participated in the entire episode as an accomplice in an effort to perpetrate insurance fraud. Â Â Â Â Â Â Â Â Â Â Â Ineffective assistance of counsel claims are evaluated under the two-part test formulated by the United States Supreme Court in Strickland v. Washington , requiring a showing of both deficient performance and prejudice. Â 466 U.S. 668, 689 (1984); Thompson v. State , 9 S.W.3d 8

11
Smith v. Stategreen
texapp · 2001 · cited in 1 Texas opinions naming this issue, 2003–2003
1 sentence

2003Ann. art 38.14 (Vernon 2005); Druery v. State , 225 S.W.3d 491, 498 (Tex. Crim. App. 2007). Â By their own testimony, Massey and Bell admit to being accomplices with Scott; Massey also claims that Streng participated in the entire episode as an accomplice in an effort to perpetrate insurance fraud. Â Â Â Â Â Â Â Â Â Â Â Ineffective assistance of counsel claims are evaluated under the two-part test formulated by the United States Supreme Court in Strickland v. Washington , requiring a showing of both deficient performance and prejudice. Â 466 U.S. 668, 689 (1984); Thompson v. State , 9 S.W.3d 8

11
Robinson v. Stategreen
texapp · 1984 · cited in 1 Texas opinions naming this issue, 2001–2001
2 sentences

2001In Robinson v. State, the court found that counsel's failure to request an accomplice witness jury instruction was a "glaring error." Robinson, 665 S.W.2d 826, 831-32 (Tex.App.-Austin 1984, pet. ref'd).

2001In Robinson v. State, the court found that counsel’s failure to request an accomplice witness jury instruction was a “glaring error.” Robinson, 665 S.W.2d 826, 831-32 (Tex.App.— Austin 1984, pet. ref'd).

11
McFarland v. Statered
texcrimapp · 1996 · cited in 1 Texas opinions naming this issue, 2001–2001
1 sentence

2001The State cites McFarland v. State , 928 S.W.2d 482, 514 (Tex.Crim.App. 1996), and Blake v. State , 971 S.W.2d 451, 454-55 (Tex.Crim.App. 1998), to support its position that neither Mitchell’s presence, knowledge of the firearm, guilty plea in connection with the cocaine nor other evidence warranted an accomplice witness jury instruction or a finding that Mitchell was an accomplice to appellant’s possession of the firearm as a convicted felon.

11
Blake v. Stategreen
texcrimapp · 1998 · cited in 1 Texas opinions naming this issue, 2001–2001
1 sentence

2001The State cites McFarland v. State , 928 S.W.2d 482, 514 (Tex.Crim.App. 1996), and Blake v. State , 971 S.W.2d 451, 454-55 (Tex.Crim.App. 1998), to support its position that neither Mitchell’s presence, knowledge of the firearm, guilty plea in connection with the cocaine nor other evidence warranted an accomplice witness jury instruction or a finding that Mitchell was an accomplice to appellant’s possession of the firearm as a convicted felon.

11
Ex Parte Zepedagreen
texcrimapp · 1991 · cited in 1 Texas opinions naming this issue, 1998–1998
1 sentence

1998Ex parte Zepeda, 819 S.W.2d 874, 877 (Tex.Crim.App.1991).

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
Ngo v. State green
texcrimapp · 2005
1 sentence

2025Ngo v. State, 175 S.W.3d 738 , 743-44 (Tex. Crim. App. 2005).

12025–2025
Zamora, Jaime Arturo green
texcrimapp · 2013
1 sentence

2024Hart, 667 S.W.3d at 782. “[I]t is difficult to envision that any competent attorney would reasonably forego an accomplice-witness jury instruction as a matter of strategy based on his theory of the case.” Zamora, 411 S.W.3d at 514 .

12024–2024
Ex Parte Martinez green
texcrimapp · 2006
1 sentence

2003Ann. art 38.14 (Vernon 2005); Druery v. State , 225 S.W.3d 491, 498 (Tex. Crim. App. 2007). Â By their own testimony, Massey and Bell admit to being accomplices with Scott; Massey also claims that Streng participated in the entire episode as an accomplice in an effort to perpetrate insurance fraud. Â Â Â Â Â Â Â Â Â Â Â Ineffective assistance of counsel claims are evaluated under the two-part test formulated by the United States Supreme Court in Strickland v. Washington , requiring a showing of both deficient performance and prejudice. Â 466 U.S. 668, 689 (1984); Thompson v. State , 9 S.W.3d 8

12003–2003

Statutes the citing opinions construe

TX § Tex. Penal Code § 7.02 (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

TX 18 (1998–2025) IL 5 (2006–2022)

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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