unfair punishment hearing (Texas) · Go Syfert
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unfair punishment hearing in Texas

13 Texas opinions name it 2 courts 2003–2016 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
Cantu v. Stategreen
texcrimapp · 1997 · cited in 7 Texas opinions naming this issue, 2006–2016
2 sentences

2016Extraneous victim impact evidence, if anything, is more prejudicial than the non-extraneous victim impact evidence found by this Court to be inadmissible in Smith, supra.9 The Court in Cantu v. State refers to “the context of the special issues under Art. 37.071”.10 Courts in non-capital cases have recognized that any improper victim impact testimony from a potential victim not named in the indictment risks an unfair punishment hearing.11 Caselaw has explicitly extended the reasoning from capital cases 7 Id.(emphasis added). 8 Id. 9 Id.(emphasis added)(citations omitted). 10 Id. 11 Id. at 711

2016Extraneous victim impact evidence, if anything, is more prejudicial than the non-extraneous victim impact evidence found by this Court to be inadmissible in Smith, supra.9 The Court in Cantu v. State refers to “the context of the special issues under Art. 37.071”.10 Courts in non-capital cases have recognized that any improper victim impact testimony from a potential victim not named in the indictment risks an unfair punishment hearing.11 Caselaw has explicitly extended the reasoning from capital cases 7 Id.(emphasis added). 8 Id. 9 Id.(emphasis added)(citations omitted). 10 Id. 11 Id. at 711

77
Boston v. Stategreen
texapp · 1998 · cited in 5 Texas opinions naming this issue, 2003–2015
2 sentences

2003Victim-impact testimony can run a risk of extreme prejudice and can lead to an unfair punishment hearing. [1] See Boston v. State , 965 S.W.2d 546, 550 (Tex. App .

2003Victim-impact testimony can run a risk of extreme prejudice and can lead to an unfair punishment hearing. 1 See Boston v. State, 965 S.W.2d 546, 550 (Tex.App.-Houston [14th Dist.] 1997, no pet.).

55
Lindsay v. Stategreen
texapp · 2003 · cited in 3 Texas opinions naming this issue, 2006–2015
2 sentences

2015“Extraneous victim impact evidence by people not 10 named in the indictment is inadmissible because such evidence runs the risk of extreme prejudice and can lead to an unfair punishment hearing.” Cantu v. State, 939 S.W.2d 627, 637 (Tex.Crim.App.1997); Lindsay v. State, 102 S.W.3d 223, 228 (Tex.App.-Houston [14th Dist.] 2003, pet. ref'd).

2006Cantu v. State, 939 S.W.2d 627, 637 (Tex.Crim.App.1997); Lindsay v. State, 102 S.W.3d 223, 228 (Tex.App.-Houston [14th Dist.] 2003, pet. ref'd).

33

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 (1)

CaseCitedYears
Haley v. State green
texcrimapp · 2005
2 sentences

2010Id. at 518 (citing Cantu v. State , 939 S.W.2d 627, 637 (Tex. Crim.

2010Id. at 518 (citing Cantu v. State, 939 S.W.2d 627, 637 (Tex.Crim.App.1997)).

22010–2010

Statutes the citing opinions construe

TX § Tex. Penal Code § 1.02 (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.

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