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8 Texas opinions name it 2 courts 2006–2025 2 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 |
|---|---|---|
Klock v. Stategreen2 sentences2006Klock v. State, 177 S.W.3d 53, 65 (Tex. App.-Houston [1 st Dist.] 2005, pet. ref'd). 2006Klock v. State, 177 S.W.3d 53, 65 (Tex. App.–Houston [1 st Dist.] 2005, pet. ref’d). | 4 | 4 |
Freeman v. Stategreen1 sentence2023See Freeman, 340 S.W.3d at 728 (citing TEX. | 1 | 1 |
Martinez v. Stategreen1 sentence2007Martinez v. State , 17 S.W.3d 677, 692-93 (Tex. Crim. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
Milton v. Stategreen1 sentence2025Harm Generally, allowing argument outside the record is non-constitutional error that must be disregarded unless it affects the defendant’s “substantial rights.” See Freeman, 340 S.W.3d at 728; but see Milton v. State, 572 S.W.3d 234, 241 (Tex. Crim. App. 2019) (the State may sometimes use non-record facts to make analogies, tell anecdotes, or appeal to common knowledge). | 1 | 1 |
| Case | Cited | Years |
|---|---|---|
Gaddis v. State
green
1 sentence2023Counsel may not use argument to present evidence that is outside the record, id., and, in this case, the State’s comments about pedophiles not “ag[ing] out” refer to facts not in evidence. –5– Jury argument that improperly refers to evidence outside the record is non- constitutional error, and we must disregard non-constitutional error unless it affected appellant’s substantial rights. | 1 | 2023–2023 |
Jackson v. State
green
1 sentence2019Martinez, 17 S.W.3d at 692 , citing Mosley, 983 S.W.2d at 259 . | 1 | 2019–2019 |
Mosley v. State
green
1 sentence2019Martinez, 17 S.W.3d at 692 , citing Mosley, 983 S.W.2d at 259 . | 1 | 2019–2019 |