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7 Texas opinions name it 2 courts 1983–2017 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 |
|---|---|---|
Bobby Don Mumphrey v. Stategreen2 sentences2017Mumphrey v. State , 509 S.W.3d 565 , 568-69 (Tex. App.-Texarkana 2016, pet. ref'd) (statement by trial judge prior to sentencing that the defendant was "lucky" jury was not assessing punishment because of prior intoxication manslaughter case); Bledsoe v. State , No. 10-16-00047-CR, 2016 WL 5944786 *1, 2016 Tex. App. LEXIS 11100 *1-5 (Tex. App.-Waco October 12, 2016, no pet.) (not designated for publication) (statement during pretrial hearing: "I don't blame you" for declining plea offers of 40, 20, and 10 years on three charges, held error was not preserved); Mughni v. State , No. 05-15-00560- 2017Mumphrey v. State, 509 S.W.3d 565, 568-69 (Tex. App.–Texarkana 2016, pet. ref’d) (statement by trial judge prior to sentencing that the defendant was “lucky” jury was not assessing punishment because of prior intoxication manslaughter case); Bledsoe v. State, No. 10-16-00047-CR, 2016 Tex. App. LEXIS 11100 , *1-5 (Tex. App.–Waco October 12, 2016, no pet.) (not designated for publication) (statement during pretrial hearing: “I don’t blame you” for declining plea offers of 40, 20, and 10 years on three charges, held error was not preserved); Mughni v. State, No. 05-15-00560-CR, 2016 Tex. App. LEX | 1 | 2 |
Pirtle v. Gregorygreen1 sentence1990Pirtle v. Gregory, 629 S.W.2d 919, 920 (Tex.1982). | 1 | 1 |
Hodge v. Stategreen2 sentences1983Hodge, supra, should not control the disposition of this case because it involved a claim of fundamental error in the indictment, whereas, in the instant case, the question is whether denial of the motion to quash was reversible error. 1983See Hodge, supra, at 290 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Almanza v. State
green
2 sentences1987Almanza v. State, 686 S.W.2d 157 (Tex.Crim.App.1984). 1985However, we are persuaded by the recent decision in Almanza v. State, 686 S.W.2d 157 (Tex.Crim.App.1985) (en banc), which redefines “fundamental error” in an art. 36.19 context, that the Texas Court of Criminal Appeals now applies a different test in considering a claim of fundamental error. | 2 | 1985–1987 |
Green v. State
green
1 sentence1988Green defines a jurisdictional defect as one that fails to allege the elements constituting the offense, and thereby renders the indictment insufficient. 571 S.W.2d at 15 . 1 In evaluating a claim of fundamental error raised for the first time on appeal, Thompson requires this court to construe the entire charging instrument liberally. 697 S.W.2d at 415 . | 1 | 1988–1988 |
Thompson v. State
green
1 sentence1988Green defines a jurisdictional defect as one that fails to allege the elements constituting the offense, and thereby renders the indictment insufficient. 571 S.W.2d at 15 . 1 In evaluating a claim of fundamental error raised for the first time on appeal, Thompson requires this court to construe the entire charging instrument liberally. 697 S.W.2d at 415 . | 1 | 1988–1988 |
Lawrence v. State
green
1 sentence1985The panel opinion in Lawrence v. State, 626 S.W.2d 56 (Tex.Crim.App.1981), is direct authority that reversal is required in our fact situation. | 1 | 1985–1985 |
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.