special issues framework (Texas) · Go Syfert
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special issues framework in Texas

13 Texas opinions name it 2 courts 1970–2019 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 (3)

CaseFollowedCited
Graham v. Collinsgreen
scotus · 1993 · cited in 5 Texas opinions naming this issue, 1993–2006
2 sentences

2006We footnoted Graham v. Collins, 506 U.S. 461, 475-76 , 113 S.Ct. 892 , 122 L.Ed.2d 260 (1993), in which the Supreme Court stated, "We do not read Penry as effecting a sea change in this Court’s view of the constitutionality of the former Texas death penalty statute; it does not broadly suggest the invalidity of the special issues framework." Id. at 474, 113 S.Ct. 892 (emphasis in original).

2006We footnoted Graham v. Collins, 506 U.S. 461, 475-76 , 113 S.Ct. 892 , 122 L.Ed.2d 260 (1993), in which the Supreme Court stated, "We do not read Penry as effecting a sea change in this Court’s view of the constitutionality of the former Texas death penalty statute; it does not broadly suggest the invalidity of the special issues framework." Id. at 474, 113 S.Ct. 892 (emphasis in original).

35
Smith v. Texasgreen
scotus · 2007 · cited in 3 Texas opinions naming this issue, 2010–2010
2 sentences

2010LaRoyce Smith v. Texas, 550 U.S. 297, 313-14 , 127 S.Ct. 1686 , 167 L.Ed.2d 632 (2007) (LaRoyce Smith II) (finding constitutional error in the special issues and error preserved upon objection to the special issues, *63 despite lack of objection to the nullification instruction). 52 .

2010Laroyce Smith v. Texas , 550 U.S. 297, 313-14 (2007) ( Laroyce Smith II ) (finding constitutional error in the special issues and error preserved upon objection to the special issues, despite lack of objection to the nullification instruction). 52.

23
Smith v. Statered
texcrimapp · 1996 · cited in 2 Texas opinions naming this issue, 2017–2019
2 sentences

2019See Smith v. State, 919 S.W.2d 96, 100 (Tex. Crim.

2017See Smith v. State, 919 S.W.2d 96, 100 (Tex. Crim. App. 1996).

22

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 (5)

CaseCitedYears
Teague v. Lane red
scotus · 1989
2 sentences

1994Indeed, any such reading of Penry would be inconsistent with the Court’s conclusion in that case that it was not announcing a “new rule” within the meaning of Teague v. Lane, [ 489 U.S. 288 , 109 S.Ct. 1060 , 103 L.Ed.2d 334 (1989)]....

1994Indeed, any such reading of Penry would be inconsistent with the Court’s conclusion in that case that it was not announcing a “new rule” within the meaning of Teague v. Lane, [ 489 U.S. 288 , 109 S.Ct. 1060 , 103 L.Ed.2d 334 (1989)]....

11994–1994
Green v. Missouri green
scotus · 1985
2 sentences

1988In his eleventh point of error (first point of error in counsel Lane’s brief), appellant contends that the trial court fundamentally erred by failing to charge the jury at punishment that they could not rely on the law of parties in answering the special issues in violation of Green v. State, 682 S.W.2d 271 (Tex.Cr.App.1984) cert. denied, 470 U.S. 1034 , 105 S.Ct. 1407 , 84 L.Ed.2d 794 (1985).

1988In his eleventh point of error (first point of error in counsel Lane’s brief), appellant contends that the trial court fundamentally erred by failing to charge the jury at punishment that they could not rely on the law of parties in answering the special issues in violation of Green v. State, 682 S.W.2d 271 (Tex.Cr.App.1984) cert. denied, 470 U.S. 1034 , 105 S.Ct. 1407 , 84 L.Ed.2d 794 (1985).

11988–1988
Green v. State green
texcrimapp · 1984
2 sentences

1988In his eleventh point of error (first point of error in counsel Lane's brief), appellant contends that the trial court fundamentally erred by failing to charge the jury at punishment that they could not rely on the law of parties in answering the special issues in violation of Green v. State, 682 S.W.2d 271 (Tex.Cr.App.1984) cert. denied, 470 U.S. 1034 , 105 S.Ct. 1407 , 84 L.Ed.2d 794 (1985).

1988In his eleventh point of error (first point of error in counsel Lane’s brief), appellant contends that the trial court fundamentally erred by failing to charge the jury at punishment that they could not rely on the law of parties in answering the special issues in violation of Green v. State, 682 S.W.2d 271 (Tex.Cr.App.1984) cert. denied, 470 U.S. 1034 , 105 S.Ct. 1407 , 84 L.Ed.2d 794 (1985).

11988–1988
Biggers v. Continental Bus System, Inc. green
tex · 1957
2 sentences

1970Biggers v. Continental Bus System, 157 Tex. 351 , 298 S.W.2d 79 , 303 S. W.2d 359 (1957).

1970Biggers v. Continental Bus System, 157 Tex. 351 , 298 S.W.2d 79 , 303 S. W.2d 359 (1957).

11970–1970
Biggers v. Continental Bus System, Inc. green
tex · 1956
1 sentence

1970Biggers v. Continental Bus System, 157 Tex. 351 , 298 S.W.2d 79 , 303 S. W.2d 359 (1957).

11970–1970

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