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85 Texas opinions name it 3 courts 2010–2020 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.
| Case | Followed | Cited |
|---|---|---|
Tibbs v. Floridagreen2 sentences2013“If a reviewing court finds the evidence insufficient under this standard, it must reverse the judgm ent and enter an order ofacquittal.” Id. (citing Tibbs v. Florida, 457 U.S. 31 (1982)). “‘[S]ufficienc yofthe evidence should be measured by the elements of the offense as defined by the hypothetically correct jury charge for the case.” Id. (quoting Malik v. State, 953 S.W.3d 234 ,240 (rex. 2013“If a reviewing court finds the evidence insufficient under this standard, it must reverse the judgm ent and enter an order ofacquittal.” Id. (citing Tibbs v. Florida, 457 U.S. 31 (1982)). “‘[S]ufficienc yofthe evidence should be measured by the elements of the offense as defined by the hypothetically correct jury charge for the case.” Id. (quoting Malik v. State, 953 S.W.3d 234 ,240 (rex. | 61 | 66 |
Garcia, Aima Lorenagreen2 sentences2018See Tibbs v. Florida, 457 U.S. 31, 41 (1982); Garcia v. State, 367 S.W.3d 683, 687 (Tex. Crim. 2018See Tibbs v. Florida, 457 U.S. 31, 41 (1982); Garcia v. State, 367 S.W.3d 683, 687 (Tex. Crim. | 2 | 2 |
Clayton v. Stategreen2 sentences2015Id. (citing Tibbs v. Florida, 457 U.S. 31, 41 , 102 S.Ct. 2211, 2218 , 72 L.Ed.2d 652 (1982)).An appellate court "determine^] whether the necessary inferences are reasonable based upon the combined and cumulative force of all the evidence viewed in the light most favorable to the verdict." Clayton v. State, 235 S.W.3d 772, 778 (Tex. Crim. 2012Gonzalez, 337 S.W.3d at 479 . 5 An appellate court “determine[s] whether the necessary inferences are reasonable based upon the combined and cumulative force of all the evidence viewed in the light most favorable to the verdict.” Clayton v. State, 235 S.W.3d 772, 778 (Tex. Crim. | 2 | 2 |
Malik v. Stategreen2 sentences2012Tibbs v. Florida, 457 U.S. 31, 41 , 102 S.Ct. 2211 , 72 L.Ed.2d 652 (1982). “[Sufficiency of the evidence should be measured by the elements of the offense as defined by the hypothetically correct jury charge for the case.” Malik v. State, 953 S.W.2d 234, 240 (Tex.Crim.App.1997). 2012Tibbs v. Florida, 457 U.S. 31, 41 (1982). “[S]ufficiency of the evidence should be measured by the elements of the offense as defined by the hypothetically correct jury charge for the case.” Malik v. State, 953 S.W.2d 234, 240 (Tex. Crim. | 2 | 2 |
Woodard v. Stategreen2 sentences2011Woodard v. State, 335 S.W.3d 337, 340 (Tex.App.-Houston [1st Dist.] 2010, no pet. h.). 2011Woodard v. State, 335 S.W.3d 337, 340 (Tex.App.-Houston [1st Dist.] 2010, no pet. h.). | 2 | 2 |
Burks v. United Statesgreen1 sentence2015Finally, whenever an appellate court finds the evidence insufficient under this standard, it must reverse the judgment and enter an order of acquittal.15 The Supreme Court in Burks v. United States held that because the "Double Jeopardy Clause precludes a second trial once the reviewing court has found the evidence legally insufficient, the only 'just' remedy available for a court finding legal insufficiency is a judgment of acquittal." Burks v. United States, 437 U.S. 1, 18 (1978). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Gonzalez v. State
green
2 sentences2016Gonzalez, 337 S.W.3d at 479 . 2015Id. (citing Tibbs v. Florida, 457 U.S. 31, 41 , 102 S.Ct. 2211, 2218 , 72 L.Ed.2d 652 (1982)).An appellate court "determine^] whether the necessary inferences are reasonable based upon the combined and cumulative force of all the evidence viewed in the light most favorable to the verdict." Clayton v. State, 235 S.W.3d 772, 778 (Tex. Crim. | 22 | 2011–2016 |
Jackson v. Virginia
red
2 sentences2014See Tibbs v. Florida, 457 U.S. 31, 41 , 102 S. Ct. 2211, 2218 (1982); Jackson, 443 U.S. at 317–19, 99 S. Ct. at 2788–89. 2014See Tibbs v. Florida, 457 U.S. 31, 41 , 102 S. Ct. 2211, 2218 (1982); Jackson, 443 U.S. at 317–19, 99 S. Ct. at 2788–89. | 2 | 2014–2014 |
Laster v. State
green
1 sentence2013“If a reviewing court finds the evidence insufficient under this standard, it must reverse the judgm ent and enter an order ofacquittal.” Id. (citing Tibbs v. Florida, 457 U.S. 31 (1982)). “‘[S]ufficienc yofthe evidence should be measured by the elements of the offense as defined by the hypothetically correct jury charge for the case.” Id. (quoting Malik v. State, 953 S.W.3d 234 ,240 (rex. | 1 | 2013–2013 |
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.