61 Texas opinions name it 1 courts 1997–2024 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.
| Case | Followed | Cited |
|---|---|---|
Thrift v. Stategreen2 sentences2024“The presumption is refutable, but the appellant must rebut the presumption - 12 - 04-22-00363-CR by pointing to evidence that the jury failed to follow the trial court’s instructions.” Thrift, 176 S.W.3d at 224 ; Fulmer v. State, 401 S.W.3d 305, 317 (Tex. App.—San Antonio 2013, pet. ref’d). 3. 2023“The presumption is refutable, but the appellant must rebut the presumption by pointing to evidence that the jury failed to follow the trial court’s instructions.” Thrift, 176 S.W.3d at 224 . | 9 | 28 |
Kimmelman v. Morrisongreen2 sentences2009Kimmelman v. Morrison, 477 U.S. 365, 384 , 106 S.Ct. 2574 , 91 L.Ed.2d 305 (1986) (citing Strickland, 466 U.S. at 688-89 , 104 S.Ct. 2052 (defendant must overcome presumption that under the circumstances, the challenged action might be sound trial strategy)); S.C., 229 S.W.3d at 845 . 2009Kimmelman v. Morrison, 477 U.S. 365, 384 , 106 S.Ct. 2574 , 91 L.Ed.2d 305 (1986) (citing Strickland, 466 U.S. at 688-89 , 104 S.Ct. 2052 (defendant must overcome presumption that under the circumstances, the challenged action might be sound trial strategy)); S.C., 229 S.W.3d at 845 . | 7 | 13 |
McFarland v. Stategreen2 sentences2015See McFarland, 928 S.W.2d at 500 . 2014See McFarland, 928 S.W.2d at 500 . | 6 | 6 |
Strickland v. Washingtongreen2 sentences2009Kimmelman v. Morrison, 477 U.S. 365, 384 , 106 S.Ct. 2574 , 91 L.Ed.2d 305 (1986) (citing Strickland, 466 U.S. at 688-89 , 104 S.Ct. 2052 (defendant must overcome presumption that under the circumstances, the challenged action might be sound trial strategy)); S.C., 229 S.W.3d at 845 . 2009Kimmelman v. Morrison, 477 U.S. 365, 384 , 106 S.Ct. 2574 , 91 L.Ed.2d 305 (1986) (citing Strickland, 466 U.S. at 688-89 , 104 S.Ct. 2052 (defendant must overcome presumption that under the circumstances, the challenged action might be sound trial strategy)); S.C., 229 S.W.3d at 845 . | 5 | 14 |
Colburn v. Stategreen2 sentences2021Id.; Colburn v. State, 966 S.W.2d 511, 520 (Tex. Crim. 2019Thrift, 176 S.W.3d at 224 ; Colburn v. State, 966 S.W.2d 511, 520 (Tex. Crim. | 4 | 5 |
Ovalle v. Stategreen2 sentences2016App. 2005); see also Wood, 18 S.W.3d at 648 (“A mistrial is required only when the improper question is clearly prejudicial to the defendant and is of such character as to suggest the impossibility of withdrawing the impression produced on the minds of the jurors.”) (quoting Ladd, 3 S.W.3d at 567 ); Ovalle v. State, 13 S.W.3d 774, 783 (Tex. Crim. 2015Normally, “a prompt instruction to disregard will cure error associated with an improper question and answer.” Ovalle v. State, 13 S.W.3d 774, 783 (Tex. Crim. | 3 | 3 |
Pena v. Stategreen2 sentences2024Pena v. State, 554 S.W.3d 242, 251 (Tex. App.—Houston [14th Dist.] 2018, pet. ref’d). 2024“This presumption is refutable, but the appellant must rebut the presumption by pointing to evidence in the record indicating that the jury failed to follow the trial court’s instructions.” Pena, 554 S.W.3d at 251 . | 2 | 3 |
Jackson v. Stategreen2 sentences2018See Jackson, 877 S.W.2d at 771 . 2013See id. | 2 | 2 |
Dale Fulmer v. Stategreen1 sentence2024“The presumption is refutable, but the appellant must rebut the presumption - 12 - 04-22-00363-CR by pointing to evidence that the jury failed to follow the trial court’s instructions.” Thrift, 176 S.W.3d at 224 ; Fulmer v. State, 401 S.W.3d 305, 317 (Tex. App.—San Antonio 2013, pet. ref’d). 3. | 1 | 1 |
Waldo v. Stategreen1 sentence2019App. 2005) (presuming jury followed trial court’s instruction to limit its consideration of nude photographs of young men to one of several charged offenses); Waldo v. State, 746 S.W.2d 750, 754 (Tex. Crim. | 1 | 1 |
Archie v. Stategreen1 sentence2018App. 2005) (presuming the jury followed the trial court’s instruction to limit its consideration of nude photographs of young men to one of several charged offenses); Archie v. State, 340 S.W.3d 734, 741 (Tex. Crim. | 1 | 1 |
Ladd v. Stategreen1 sentence2016App. 2005); see also Wood, 18 S.W.3d at 648 (“A mistrial is required only when the improper question is clearly prejudicial to the defendant and is of such character as to suggest the impossibility of withdrawing the impression produced on the minds of the jurors.”) (quoting Ladd, 3 S.W.3d at 567 ); Ovalle v. State, 13 S.W.3d 774, 783 (Tex. Crim. | 1 | 1 |
Wood v. Stategreen1 sentence2016App. 2005); see also Wood, 18 S.W.3d at 648 (“A mistrial is required only when the improper question is clearly prejudicial to the defendant and is of such character as to suggest the impossibility of withdrawing the impression produced on the minds of the jurors.”) (quoting Ladd, 3 S.W.3d at 567 ); Ovalle v. State, 13 S.W.3d 774, 783 (Tex. Crim. | 1 | 1 |
Ex Parte Woodsgreen1 sentence2012“The presumption is refutable, but the appellant must rebut the presumption by pointing to evidence the jury failed to follow the trial court’s instructions.” Thrift, 176 S.W.3d at 224. 5. | 1 | 1 |
Navarro v. Stategreen1 sentence2006Navarro v. State , 154 S.W.3d 795, 799 (Tex. App. C Houston [14th Dist.] 2004, pet. ref = d). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
In Re SC
green
2 sentences2009Kimmelman v. Morrison, 477 U.S. 365, 384 , 106 S.Ct. 2574 , 91 L.Ed.2d 305 (1986) (citing Strickland, 466 U.S. at 688-89 , 104 S.Ct. 2052 (defendant must overcome presumption that under the circumstances, the challenged action might be sound trial strategy)); S.C., 229 S.W.3d at 845 . 2009Kimmelman v. Morrison, 477 U.S. 365, 384 , 106 S.Ct. 2574 , 91 L.Ed.2d 305 (1986) (citing Strickland, 466 U.S. at 688-89 , 104 S.Ct. 2052 (defendant must overcome presumption that under the circumstances, the challenged action might be sound trial strategy)); S.C., 229 S.W.3d at 845 . | 5 | 2009–2009 |
Tong v. State
green
2 sentences2008Id. 2008Id. | 3 | 2007–2008 |
Bradshaw v. State
green
1 sentence2023This is because “[t]he degree of harm demonstrated by an appellant must be actual, not merely theoretical.” Bradshaw v. State, 244 S.W.3d 490 , 497–98 (Tex. App.—Texarkana 2007, pet. ref’d). | 1 | 2023–2023 |
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.