attack upon defense (Texas) · Go Syfert
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attack upon defense in Texas

8 Texas opinions name it 2 courts 1943–2000 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 (2)

CaseFollowedCited
Todd v. Stategreen
texcrimapp · 1980 · cited in 2 Texas opinions naming this issue, 1984–1984
2 sentences

1984This *17 does not comply with any of the Todd, supra, rules and the Court of Criminal Appeals is of the opinion that the prejudicial effect of such a statement is compounded by the misunderstanding of the public concerning the duty of an advocate: It is widely recognized that the canons of ethics are not generally understood by the public from which the members of the jury panel are drawn.

1984In Todd v. State, 598 S.W.2d 286, 296, 297 (Tex.Cr.App.1980), it was stated: “It is settled that the approved general areas of jury argument, within which all proper arguments must fall are (1) summation of the evidence; (2) reasonable deduction from the evidence; (3) answer to argument of opposing counsel; and (4) plea for law enforcement.

12
Bonier v. Stategreen
texapp · 1987 · cited in 1 Texas opinions naming this issue, 1996–1996
1 sentence

1996See Bonier v. State , 738 S.W.2d 726, 731 (Tex. App.--Houston [14th Dist.] 1987, no pet.) (prosecutor's remark that defense counsel would have "hard job" in trying to get accused "off for murder" not improper attack upon defense counsel).

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 (7)

CaseCitedYears
Wilson v. State red
texcrimapp · 1996
2 sentences

2000He relies upon Wilson v. State, 938 S.W.2d 57 (Tex.Crim.

2000He relies upon Wilson v. State, 938 S.W.2d 57 (Tex. Crim.

32000–2000
Lewis v. State green
texcrimapp · 1975
2 sentences

1984The statement “so long as lawyers are for hire, justice is for sale” is not as direct an attack upon defense counsel for accepting employment to represent a person accused of crime as the arguments made in Bray and Lewis, supra; however, the import of such a statement is identical when viewed in light of the Court’s reasoning in Boyde, supra. Appellant’s second ground of error is sustained; therefore, we need not deal here with the other two grounds.

1984The court wrote: “The statement ‘so long as lawyers are for hire, justice is for sale’ is not as direct an attack upon defense counsel for accepting employment to represent a person accused of crime as the arguments made in Bray and Lewis, supra; however, the import of such a statement is identical when viewed in light of the court’s reasoning in Boyde, supra. “Appellant’s second ground of error is sustained; ....” Since appellant’s second ground of error was that he “was denied due process of law _” by such argument, the Court of Appeals in effect also found a violation of due process by virt

21984–1984
Boyde v. State green
texcrimapp · 1974
2 sentences

1984The statement “so long as lawyers are for hire, justice is for sale” is not as direct an attack upon defense counsel for accepting employment to represent a person accused of crime as the arguments made in Bray and Lewis, supra; however, the import of such a statement is identical when viewed in light of the Court’s reasoning in Boyde, supra. Appellant’s second ground of error is sustained; therefore, we need not deal here with the other two grounds.

1984The court wrote: “The statement ‘so long as lawyers are for hire, justice is for sale’ is not as direct an attack upon defense counsel for accepting employment to represent a person accused of crime as the arguments made in Bray and Lewis, supra; however, the import of such a statement is identical when viewed in light of the court’s reasoning in Boyde, supra. “Appellant’s second ground of error is sustained; ....” Since appellant’s second ground of error was that he “was denied due process of law _” by such argument, the Court of Appeals in effect also found a violation of due process by virt

21984–1984
Strickland v. Washington green
scotus · 1984
2 sentences

1992Strickland v. Washington, 466 U.S. 668, 686 , 104 S.Ct. 2052, 2063 , 80 L.Ed.2d 674 (1984). 2 However, Hill teaches that a conviction will not be reversed if the only attack upon the defense attorney’s qualifications is his failure to timely pay his bar dues.

1992Strickland v. Washington, 466 U.S. 668, 686 , 104 S.Ct. 2052, 2063 , 80 L.Ed.2d 674 (1984). 2 However, Hill teaches that a conviction will not be reversed if the only attack upon the defense attorney’s qualifications is his failure to timely pay his bar dues.

11992–1992
Hill v. State green
texcrimapp · 1965
1 sentence

1992Hill v. State, 393 S.W.2d at 905-06 .

11992–1992
Coberly v. State green
texcrimapp · 1983
1 sentence

1984Coberly v. State, 644 S.W.2d 734 (Tex.Cr.App.1983).

11984–1984
Railroad Commission v. Marathon Oil Co. green
texapp · 1935
1 sentence

1943In Railroad Comm. v. Marathon Oil Co., 89 S.W.2d 517, 519 , error refused, a finding of the Commission of August 26, 1935, that “the more wells that are drilled the greater will be the ultimate recovery of oil or gas from any given pool” was urged in support of a permit upon that theory.

11943–1943

Where else courts name it

TX 8 (1943–2000) NY 4 (1954–2010) MO 3 (1954–1981)

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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