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9 Texas opinions name it 2 courts 1995–2015 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 |
|---|---|---|
Ex Parte McWilliamsgreen2 sentences2014Lastly, it drives the crux of a double-jeopardy analysis away from legislative intent and towards judicial interpretation of the facts of the case—a result the United States Supreme Court overruled in United States v. Dixon.17 The Court today injects more complication into an area of criminal law already 15 McWilliams, 634 S.W.2d at 824 (op. on reh’g). 16 Id. at 823 . 17 Dixon, 509 U.S. at 704 (overruling the same-conduct test in Grady, 495 U.S. at 508 ). 2014Lastly, it drives the crux of a double-jeopardy analysis away from legislative intent and towards judicial interpretation of the facts of the case—a result the United States Supreme Court overruled in United States v. Dixon.17 The Court today injects more complication into an area of criminal law already 15 McWilliams, 634 S.W.2d at 824 (op. on reh’g). 16 Id. at 823 . 17 Dixon, 509 U.S. at 704 (overruling the same-conduct test in Grady, 495 U.S. at 508 ). | 2 | 2 |
United States v. Dixongreen2 sentences2015Although we compare the indictments in this case to facilitate the same-elements analysis, that comparison does not rely on evidence adduced at trial, unlike the same-conduct test utilized by the Supreme Court in Grady v. Corbin, 495 U.S. 508, 521-22 , 110 S.Ct. 2084 , 109 L.Ed.2d 548 (1990), overruled by Dixon, 509 U.S. at 704 , 113 S.Ct. 2849 . 8 .See Langs v. State, 183 S.W.3d 680, 686 (Tex.Crim.App.2006) (stating that, when an offense requires alleging an underlying felony, "the State must prove all of the elements of the underlying felony"); Whitaker v. State, 977 S.W.2d 595, 598-99 (Tex. 2015Although we compare the indictments in this case to facilitate the same-elements analysis, that comparison does not rely on evidence adduced at trial, unlike the same-conduct test utilized by the Supreme Court in Grady v. Corbin, 495 U.S. 508, 521-22 , 110 S.Ct. 2084 , 109 L.Ed.2d 548 (1990), overruled by Dixon, 509 U.S. at 704 , 113 S.Ct. 2849 . 8 .See Langs v. State, 183 S.W.3d 680, 686 (Tex.Crim.App.2006) (stating that, when an offense requires alleging an underlying felony, "the State must prove all of the elements of the underlying felony"); Whitaker v. State, 977 S.W.2d 595, 598-99 (Tex. | 1 | 6 |
Ex Parte Goodbreadgreen1 sentence2015Ex parte Goodbread, 967 S.W.2d 859, 860 (Tex.Crim.App.1998) (citing Luna v. State, 493 S.W.2d 854, 855 (Tex.Crim.App.1973)) (stating that offenses are the same only if they rely on the same criminal act and not merely because they share the same name). 10 . | 1 | 1 |
Whitaker v. Stategreen1 sentence2015Although we compare the indictments in this case to facilitate the same-elements analysis, that comparison does not rely on evidence adduced at trial, unlike the same-conduct test utilized by the Supreme Court in Grady v. Corbin, 495 U.S. 508, 521-22 , 110 S.Ct. 2084 , 109 L.Ed.2d 548 (1990), overruled by Dixon, 509 U.S. at 704 , 113 S.Ct. 2849 . 8 .See Langs v. State, 183 S.W.3d 680, 686 (Tex.Crim.App.2006) (stating that, when an offense requires alleging an underlying felony, "the State must prove all of the elements of the underlying felony"); Whitaker v. State, 977 S.W.2d 595, 598-99 (Tex. | 1 | 1 |
Beathard v. Stategreen1 sentence2015Although we compare the indictments in this case to facilitate the same-elements analysis, that comparison does not rely on evidence adduced at trial, unlike the same-conduct test utilized by the Supreme Court in Grady v. Corbin, 495 U.S. 508, 521-22 , 110 S.Ct. 2084 , 109 L.Ed.2d 548 (1990), overruled by Dixon, 509 U.S. at 704 , 113 S.Ct. 2849 . 8 .See Langs v. State, 183 S.W.3d 680, 686 (Tex.Crim.App.2006) (stating that, when an offense requires alleging an underlying felony, "the State must prove all of the elements of the underlying felony"); Whitaker v. State, 977 S.W.2d 595, 598-99 (Tex. | 1 | 1 |
Luna v. Stategreen1 sentence2015Ex parte Goodbread, 967 S.W.2d 859, 860 (Tex.Crim.App.1998) (citing Luna v. State, 493 S.W.2d 854, 855 (Tex.Crim.App.1973)) (stating that offenses are the same only if they rely on the same criminal act and not merely because they share the same name). 10 . | 1 | 1 |
Langs v. Stategreen1 sentence2015Although we compare the indictments in this case to facilitate the same-elements analysis, that comparison does not rely on evidence adduced at trial, unlike the same-conduct test utilized by the Supreme Court in Grady v. Corbin, 495 U.S. 508, 521-22 , 110 S.Ct. 2084 , 109 L.Ed.2d 548 (1990), overruled by Dixon, 509 U.S. at 704 , 113 S.Ct. 2849 . 8 .See Langs v. State, 183 S.W.3d 680, 686 (Tex.Crim.App.2006) (stating that, when an offense requires alleging an underlying felony, "the State must prove all of the elements of the underlying felony"); Whitaker v. State, 977 S.W.2d 595, 598-99 (Tex. | 1 | 1 |
cluster 686746green1 sentence2012CHADDOCK DISSENTING OPINION—4 In United States v. Dixon, the Supreme Court held that the term “same offense” has the same meaning in both the multiple-punishment and successive-prosecution contexts.11 In overruling Grady v. Corbin,12 the Dixon majority discarded the same-conduct test because it necessitated defining “same offense” differently in the multiple-punishment and successive-prosecution contexts.13 In reaching this conclusion, the Court affirmatively rejected the notion that the Double Jeopardy Clause’s prevention of successive prosecution and punishment results in two distinct strand | 1 | 1 |
Brown v. Ohiogreen1 sentence2012CHADDOCK DISSENTING OPINION—4 In United States v. Dixon, the Supreme Court held that the term “same offense” has the same meaning in both the multiple-punishment and successive-prosecution contexts.11 In overruling Grady v. Corbin,12 the Dixon majority discarded the same-conduct test because it necessitated defining “same offense” differently in the multiple-punishment and successive-prosecution contexts.13 In reaching this conclusion, the Court affirmatively rejected the notion that the Double Jeopardy Clause’s prevention of successive prosecution and punishment results in two distinct strand | 1 | 1 |
Ex Parte Rhodesgreen1 sentence1999See Rhodes, 974 S.W.2d at 738 -39 and n. 9 (discussing the holding of Dixon). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
Grady v. Corbinred2 sentences2015Although we compare the indictments in this case to facilitate the same-elements analysis, that comparison does not rely on evidence adduced at trial, unlike the same-conduct test utilized by the Supreme Court in Grady v. Corbin, 495 U.S. 508, 521-22 , 110 S.Ct. 2084 , 109 L.Ed.2d 548 (1990), overruled by Dixon, 509 U.S. at 704 , 113 S.Ct. 2849 . 8 .See Langs v. State, 183 S.W.3d 680, 686 (Tex.Crim.App.2006) (stating that, when an offense requires alleging an underlying felony, "the State must prove all of the elements of the underlying felony"); Whitaker v. State, 977 S.W.2d 595, 598-99 (Tex. 2015Although we compare the indictments in this case to facilitate the same-elements analysis, that comparison does not rely on evidence adduced at trial, unlike the same-conduct test utilized by the Supreme Court in Grady v. Corbin, 495 U.S. 508, 521-22 , 110 S.Ct. 2084 , 109 L.Ed.2d 548 (1990), overruled by Dixon, 509 U.S. at 704 , 113 S.Ct. 2849 . 8 .See Langs v. State, 183 S.W.3d 680, 686 (Tex.Crim.App.2006) (stating that, when an offense requires alleging an underlying felony, "the State must prove all of the elements of the underlying felony"); Whitaker v. State, 977 S.W.2d 595, 598-99 (Tex. | 1 | 7 |
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.