defendant to prepare defense (Texas) · Go Syfert
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defendant to prepare defense in Texas

64 Texas opinions name it 4 courts 1973–2026 11 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 (33)

CaseFollowedCited
Adams v. Stategreen
texcrimapp · 1986 · cited in 6 Texas opinions naming this issue, 2003–2025
2 sentences

2025“An indictment must be specific enough for the defendant to prepare a defense, and the sufficiency of the indictment will be tested on its own terms—‘in a vacuum, so to speak.’” Id. (quoting Adams v. State, 707 S.W.2d 900, 901 (Tex. Crim.

2025“An indictment must be specific enough for the defendant to prepare a defense, and the sufficiency of the indictment will be tested on its own terms—‘in a vacuum, so to speak.’” Id. (quoting Adams v. State, 707 S.W.2d 900, 901 (Tex. Crim.

66
Horizon/CMS Healthcare Corporation v. Auldgreen
tex · 2000 · cited in 6 Texas opinions naming this issue, 2001–2015
2 sentences

2015Horizon/CMS Healthcare Corp. v. Auld, 34 S.W.3d 887, 897 (Tex. 2000); see also Coffey v. Johnson, 142 S.W.3d 414, 417 (Tex. App.—Eastland 2004, no pet.) (the test for fair notice is whether an opposing attorney of reasonable competence, with the pleadings before him, can determine the nature of the controversy and the testimony that would probably be relevant). 8 complaint for appellate review, the record must reflect that the trial court “(A) ruled on the request, objection, or motion, either expressly or implicitly; or (B) refused to rule … and the complaining party objected to the refusal.”

2015Horizon/CMS Healthcare Corp. v. Auld, 34 S.W.3d 887, 896-97 (Tex. 2000).

66
Cook v. Stategreen
texcrimapp · 1995 · cited in 7 Texas opinions naming this issue, 1997–2026
2 sentences

2026Cook v. State, 902 S.W.2d 471 , 475-76 (Tex. Crim. App. 1995), abrogated on other grounds by Jenkins v. State, 592 S.W.3d 894 , 896 (Tex. Crim. App. 2018).

2017“First, it provides notice of the offense in order to allow a defendant to prepare a defense.” Id.

47
Gregory Pollock v. Stategreen
texapp · 2013 · cited in 3 Texas opinions naming this issue, 2015–2020
2 sentences

2020See Buxton v. State, 526 S.W.3d 666 , 677-83 (Tex. App.—Houston [1st Dist.] 2017, pet. ref’d); Pollock, 405 S.W.3d at 404 (ruling that the State’s allegation that the continuous sexual abuse began on or about a certain date was sufficient to allow the defendant to prepare his defense); see also Sledge, 953 S.W.2d at 256 (stating that an indictment alleging that continuous sexual abuse began “on or about” a certain date is sufficient to give the defendant notice of the charge against him).

2015Pollock, 405 S.W.3d at 404 (State’s allegation that the continuous sexual abuse, began on .or about a certain date was sufficient to allow the defendant to prepare his defense); Garcia, 2011 WL 3199447 , at *8 (indictment alleging that continuous sexual abuse began “on or about” a certain date was sufficient to give the defendant notice of the charge against him).

33
Villescas v. Stategreen
texcrimapp · 2006 · cited in 3 Texas opinions naming this issue, 2013–2015
2 sentences

2015See, e.g., Villescas v. State, 189 S.W.3d 290, 293 (Tex. Crim.

2013See, e.g., Villescas v. State, 189 S.W.3d 290 (Tex.Crim.App.2006); Brooks v. State, 957 S.W.2d 30 (Tex.Crim.App.1997).

33
Curry v. Statered
texcrimapp · 2000 · cited in 3 Texas opinions naming this issue, 2003–2010
2 sentences

2010Curry v. State, 30 S.W.3d 394, 398 (Tex. Crim.

2010Curry v. State, 30 S.W.3d 394, 398 (Tex.Crim.App.2000).

33
Teal v. Stategreen
texcrimapp · 2007 · cited in 4 Texas opinions naming this issue, 2011–2016
2 sentences

2016Teal v. State, 230 S.W.3d 172, 175 (Tex. Crim.

2015Teal, 230 S.W.3d at 175 ; Martin, 346 S.W.3d at 231 .

24
Charles G. Villarreal v. Stategreen
texapp · 2015 · cited in 2 Texas opinions naming this issue, 2019–2024
2 sentences

2024See Pena v. State, 554 S.W.3d 242, 249 (Tex. App.—Houston [14th Dist.] 2018, pet. ref'd);Villarreal v. State, 470 S.W.3d 168, 176 (Tex. App.—Austin 2015, no pet).

2019See Lara, 513 S.W.3d at 143 (citing Villarreal v. State, 470 S.W.3d 168, 176 (Tex. App.—Austin 2015, no pet.)); Martin v. State, 176 S.W.3d 887, 900 (Tex. App.—Fort Worth 2005, no pet.); cf. Hernandez v. State, 176 S.W.3d 821, 824-25 (Tex. Crim.

22
State v. Carterred
texcrimapp · 1991 · cited in 2 Texas opinions naming this issue, 2010–2010
2 sentences

2010State v. Carter, 810 S.W.2d 197, 199 (Tex. Crim.

2010State v. Carter, 810 S.W.2d 197, 199 (Tex. Crim.

22
Broom v. Brookshire Bros., Inc.green
texapp · 1995 · cited in 2 Texas opinions naming this issue, 2001–2004
2 sentences

2004See Horizon/CMS Healthcare Corp. v. Auld, 34 S.W.3d 887, 897 (Tex.2000) (citing Broom v. Brookshire Bros., Inc., 923 S.W.2d 57, 60 (Tex.App.Tyler 1995, writ denied)).

2001See Horizon/CMS Healthcare Corp. v. Auld, 34 S.W.3d 887, 897 (Tex.2000), citing Broom v. Brookshire Bros., Inc., 923 S.W.2d 57, 60 (Tex.App.—Tyler 1995, writ denied).

22
Kellar v. Stategreen
texcrimapp · 2003 · cited in 3 Texas opinions naming this issue, 2004–2016
2 sentences

2016See Kellar v. State, 108 S.W.3d 311, 313 (Tex. Crim.

2016Kellar, 108 S.W.3d at 313 .

13
Buxton v. Stategreen
texapp · 2017 · cited in 2 Texas opinions naming this issue, 2020–2024
2 sentences

2024P. 9.10. 7 Alvarez-Ramirez’s fair-notice complaint is limited to count I of the indictment relating to the charge of continuous sexual abuse of a young child. 8 “Notice to a defendant to prepare a defense is sufficient if the indictment tracks the statutory language in the continuous sexual abuse statute and describes the various predicate acts of sexual abuse that the defendant is alleged to have committed during a minimum 30-day period.” Moreno v. State, 619 S.W.3d 754 , 760 (Tex. App.— San Antonio 2020, no pet.) (citing Buxton v. State, 526 S.W.3d 666 , 677–83 (Tex. App.—Houston [1st Dist.]

2020See Buxton v. State, 526 S.W.3d 666 , 677-83 (Tex. App.—Houston [1st Dist.] 2017, pet. ref’d); Pollock, 405 S.W.3d at 404 (ruling that the State’s allegation that the continuous sexual abuse began on or about a certain date was sufficient to allow the defendant to prepare his defense); see also Sledge, 953 S.W.2d at 256 (stating that an indictment alleging that continuous sexual abuse began “on or about” a certain date is sufficient to give the defendant notice of the charge against him).

12
Roberson, Crystal Yvettegreen
texcrimapp · 2013 · cited in 2 Texas opinions naming this issue, 2015–2021
2 sentences

2021Roberson v. State, 420 S.W.3d 832, 840 (Tex. Crim.

2015“Allegations of prior convictions for the purpose of enhancement give pretrial notice to a defendant that the state intends to seek greater punishment and allow a defendant to prepare a defense.” Roberson, 420 S.W.3d at 840 .

12
Pena v. Stategreen
texapp · 2018 · cited in 1 Texas opinions naming this issue, 2024–2024
1 sentence

2024See Pena v. State, 554 S.W.3d 242, 249 (Tex. App.—Houston [14th Dist.] 2018, pet. ref'd);Villarreal v. State, 470 S.W.3d 168, 176 (Tex. App.—Austin 2015, no pet).

11
State v. Barbernellgreen
texcrimapp · 2008 · cited in 1 Texas opinions naming this issue, 2023–2023
1 sentence

2023State v. Barbernell, 257 S.W.3d 248, 250 (Tex. Crim. App. 2008); see also TEX.

11
Sledge v. Stategreen
texcrimapp · 1997 · cited in 1 Texas opinions naming this issue, 2020–2020
2 sentences

2020See Buxton v. State, 526 S.W.3d 666 , 677-83 (Tex. App.—Houston [1st Dist.] 2017, pet. ref’d); Pollock, 405 S.W.3d at 404 (ruling that the State’s allegation that the continuous sexual abuse began on or about a certain date was sufficient to allow the defendant to prepare his defense); see also Sledge, 953 S.W.2d at 256 (stating that an indictment alleging that continuous sexual abuse began “on or about” a certain date is sufficient to give the defendant notice of the charge against him).

2020See Buxton v. State, 526 S.W.3d 666 , 677-83 (Tex. App.—Houston [1st Dist.] 2017, pet. ref’d); Pollock, 405 S.W.3d at 404 (ruling that the State’s allegation that the continuous sexual abuse began on or about a certain date was sufficient to allow the defendant to prepare his defense); see also Sledge, 953 S.W.2d at 256 (stating that an indictment alleging that continuous sexual abuse began “on or about” a certain date is sufficient to give the defendant notice of the charge against him).

11
Lara v. Stategreen
texapp · 2016 · cited in 1 Texas opinions naming this issue, 2019–2019
1 sentence

2019See Lara, 513 S.W.3d at 143 (citing Villarreal v. State, 470 S.W.3d 168, 176 (Tex. App.—Austin 2015, no pet.)); Martin v. State, 176 S.W.3d 887, 900 (Tex. App.—Fort Worth 2005, no pet.); cf. Hernandez v. State, 176 S.W.3d 821, 824-25 (Tex. Crim.

11
Hernandez v. Stategreen
texcrimapp · 2005 · cited in 1 Texas opinions naming this issue, 2019–2019
1 sentence

2019See Lara, 513 S.W.3d at 143 (citing Villarreal v. State, 470 S.W.3d 168, 176 (Tex. App.—Austin 2015, no pet.)); Martin v. State, 176 S.W.3d 887, 900 (Tex. App.—Fort Worth 2005, no pet.); cf. Hernandez v. State, 176 S.W.3d 821, 824-25 (Tex. Crim.

11
Martin v. Stategreen
texapp · 2005 · cited in 1 Texas opinions naming this issue, 2019–2019
1 sentence

2019See Lara, 513 S.W.3d at 143 (citing Villarreal v. State, 470 S.W.3d 168, 176 (Tex. App.—Austin 2015, no pet.)); Martin v. State, 176 S.W.3d 887, 900 (Tex. App.—Fort Worth 2005, no pet.); cf. Hernandez v. State, 176 S.W.3d 821, 824-25 (Tex. Crim.

11
Gonzales v. Stategreen
texcrimapp · 2014 · cited in 1 Texas opinions naming this issue, 2018–2018
1 sentence

2018Barker, 407 U.S. at 532 ; Balderas, 517 S.W.3d at 772 ; Gonzales, 435 S.W.3d. at 812.

11
Freda v. Stategreen
texcrimapp · 1986 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015Because their purpose is to provide notice, “it is not necessary to allege prior convictions for the purpose of enhancement with the same particularity which must be used in charging on the primary offense.” Williams v. State, 980 S.W.2d 222, 226 (Tex. App.—Houston [14th Dist.] 1998, pet. ref’d) (quoting Freda v. State, 704 S.W.2d 41, 42 (Tex. Crim.

11
Coffey v. Johnsongreen
texapp · 2004 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015Horizon/CMS Healthcare Corp. v. Auld, 34 S.W.3d 887, 897 (Tex. 2000); see also Coffey v. Johnson, 142 S.W.3d 414, 417 (Tex. App.—Eastland 2004, no pet.) (the test for fair notice is whether an opposing attorney of reasonable competence, with the pleadings before him, can determine the nature of the controversy and the testimony that would probably be relevant). 8 complaint for appellate review, the record must reflect that the trial court “(A) ruled on the request, objection, or motion, either expressly or implicitly; or (B) refused to rule … and the complaining party objected to the refusal.”

11
Williams v. Stategreen
texapp · 1998 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015Because their purpose is to provide notice, “it is not necessary to allege prior convictions for the purpose of enhancement with the same particularity which must be used in charging on the primary offense.” Williams v. State, 980 S.W.2d 222, 226 (Tex. App.—Houston [14th Dist.] 1998, pet. ref’d) (quoting Freda v. State, 704 S.W.2d 41, 42 (Tex. Crim.

11
Hayden v. Stategreen
texcrimapp · 2001 · cited in 1 Texas opinions naming this issue, 2013–2013
11
Saathoff v. Stategreen
texcrimapp · 1994 · cited in 1 Texas opinions naming this issue, 1995–1995
11
Wilson v. Stategreen
texcrimapp · 1975 · cited in 1 Texas opinions naming this issue, 1995–1995
11
Evans v. Stategreen
texcrimapp · 1981 · cited in 1 Texas opinions naming this issue, 1995–1995
11
Zweig v. Stategreen
texcrimapp · 1913 · cited in 1 Texas opinions naming this issue, 1995–1995
11
Benoit v. Statered
texcrimapp · 1977 · cited in 1 Texas opinions naming this issue, 1995–1995
11
Daniels v. Stategreen
texcrimapp · 1988 · cited in 1 Texas opinions naming this issue, 1991–1991
11
Garner v. Stategreen
texcrimapp · 1977 · cited in 1 Texas opinions naming this issue, 1986–1986
11
Goodwin v. Stategreen
texcrimapp · 1974 · cited in 1 Texas opinions naming this issue, 1984–1984
11
Burney v. Stategreen
texcrimapp · 1961 · cited in 1 Texas opinions naming this issue, 1973–1973
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 (18)

CaseCitedYears
Barker v. Wingo green
scotus · 1972
2 sentences

2018Barker, 407 U.S. at 532 ; Balderas, 517 S.W.3d at 772 ; Gonzales, 435 S.W.3d. at 812.

2015Id.

82003–2018
State of Texas v. Rosseau, Robert Louis green
texcrimapp · 2013
2 sentences

2025“An indictment must be specific enough for the defendant to prepare a defense, and the sufficiency of the indictment will be tested on its own terms—‘in a vacuum, so to speak.’” Id. (quoting Adams v. State, 707 S.W.2d 900, 901 (Tex. Crim.

2025“An indictment must be specific enough for the defendant to prepare a defense, and the sufficiency of the indictment will be tested on its own terms—‘in a vacuum, so to speak.’” Id. (quoting Adams v. State, 707 S.W.2d 900, 901 (Tex. Crim.

22025–2025
Martin v. State green
texapp · 2011
2 sentences

2015Teal, 230 S.W.3d at 175 ; Martin, 346 S.W.3d at 231 .

2012Teal, 230 S.W.3d at 175 ; Martin, 346 S.W.3d at 231 .

22012–2015
United States v. Resendiz-Ponce green
scotus · 2007
1 sentence

2023Nevertheless, the Stukes court held that “[e]ven if the language of an indictment does not provide notice that is constitutionally sufficient to allow the defendant to prepare a defense, no harm is shown if the defendant receives notice of the State’s theory by other means.” Id. at 576–577.

12023–2023
Kinder Morgan Sacroc, Lp Kinder Morgan Co2co., Lp Kinder Morgan Production Co., Lp And Kinder Morgan Production Co., Llc v. Scurry County Snyder Independent School District Scurry County Junior College District D/B/A Western Texas College Scurry County Hospital District D/B/A Cogdell Memorial Hospital green
tex · 2021
1 sentence

2022Kinder Morgan SACROC, 2 LP v. Scurry Cty., 622 S.W.3d 835 , 849 (Tex. 2021).

12022–2022
Balderas v. State green
texcrimapp · 2016
1 sentence

2018Barker, 407 U.S. at 532 ; Balderas, 517 S.W.3d at 772 ; Gonzales, 435 S.W.3d. at 812.

12018–2018
Brooks v. State green
texcrimapp · 1997
1 sentence

2013See, e.g., Villescas v. State, 189 S.W.3d 290 (Tex.Crim.App.2006); Brooks v. State, 957 S.W.2d 30 (Tex.Crim.App.1997).

12013–2013
Jackson v. State green
texcrimapp · 1986
12009–2009
Tollett v. State green
texapp · 2007
12009–2009
Labelle v. State green
texcrimapp · 1986
12003–2003
Queen v. State green
texcrimapp · 1983
11988–1988
Rincon v. State green
texcrimapp · 1981
11988–1988
Kaplan v. California green
scotus · 1973
11984–1984
Lindsay v. State green
texcrimapp · 1979
11981–1981
Amaya v. State green
texcrimapp · 1977
11981–1981
Dovalina v. State green
texcrimapp · 1978
11978–1978
Treadgill v. State neutral
texcrimapp · 1956
11973–1973
Threadgill v. State green
texcrimapp · 1956
11973–1973

Statutes the citing opinions construe

TX § Tex. Penal Code § 12.42 (6) TX § Tex. Penal Code § 1.07 (5) TX § Tex. Penal Code § 21.02 (5) TX § Tex. Penal Code § 22.01 (4) TX § Tex. Penal Code § 12.33 (3) TX § Tex. Penal Code § 49.04 (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

PA 71 (1900–2026) TX 64 (1973–2026) IL 54 (1953–2024) WA 53 (1896–2025) MO 43 (1912–2025) NC 41 (1958–2026) NY 34 (1908–2025) GA 30 (1918–2024) LA 18 (1939–2025) CO 17 (1979–2026) CA 12 (1887–2025) CT 11 (1962–2017) WY 10 (1926–2022) TN 9 (1985–2019) OR 9 (1963–2017) MS 9 (1997–2008) AZ 8 (1919–2022) ND 6 (1995–2021) UT 6 (1948–2026) NH 6 (1984–2011) ID 6 (1980–1996) FL 6 (1937–2009) OH 5 (1961–2022) KS 5 (1886–2018) MN 5 (1921–2015) WI 4 (1988–2022) MT 4 (1965–2023) AL 4 (1963–1990) MI 4 (1916–1995) IN 4 (1980–2020) ME 3 (1984–1990) NJ 3 (1959–2026) NM 3 (1966–2021) MD 3 (1983–2013) DE 3 (2022–2024) VA 3 (1961–2002) AR 2 (1884–1931) IA 2 (2001–2016) MA 2 (1991–1992) VT 2 (1999–2020) WV 2 (1992–1999) VI 2 (2013–2015)

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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