individualized punishment hearing (Texas) · Go Syfert
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individualized punishment hearing in Texas

7 Texas opinions name it 1 courts 2016–2024 1 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 (7)

CaseFollowedCited
Turner, Litrey Demondgreen
texcrimapp · 2014 · cited in 3 Texas opinions naming this issue, 2016–2018
2 sentences

2018See Turner v. State , 443 S.W.3d 128 , 129 (Tex. Crim.

2017See, e.g., Turner v. State, 443 S.W.3d 128, 129 (Tex. Crim.

33
Kimberly Nicole Cormier v. Stategreen
texapp · 2017 · cited in 2 Texas opinions naming this issue, 2019–2019
2 sentences

2019Recently, our sister court of appeals followed Harmelin and rejected a facial challenge to Article 37.071 of the Texas Code of Criminal Procedure and Section 12.31 of the Texas Penal Code, holding that “the Eighth Amendment does not guarantee that adult defendants . . . must receive an individualized punishment hearing when given an automatic punishment of life without the possibility of parole for capital murder.” Cormier, 540 S.W.3d at 193 .

2019See Kim, 2015 WL 1935948 , at *6; see also Simms v. State, No. 06-18-00181-CR, 2019 WL 2479845 , at *10 (Tex. App.—Texarkana June 14, 2019, pet. filed) (mem. op., not designated for publication); Cormier v. State, 540 S.W.3d 185, 193 (Tex. App.—Houston [1st Dist.] 2017, pet. ref’d); Lewis v. State, 448 S.W.3d 138, 147 (Tex. App.—Houston [14th Dist.] 2014, pet. ref’d); Buhl v. State, 960 S.W.2d 927 , 935–36 (Tex. App.—Waco 1998, pet. ref’d).

12
Wyatt L. Bear Cloudgreen
wyo · 2014 · cited in 1 Texas opinions naming this issue, 2019–2019
1 sentence

2019See, e.g., Bear Cloud v. State, 334 P.3d 132, 141, 142 (Wyo. 2014) (noting that “a juvenile offender sentenced to a lengthy term-of-years sentence will not have” meaningful opportunity to be released and holding that Miller requires “sentencing courts to provide an individualized sentencing hearing” where “the aggregate 22 In light of the prior precedent from the Court of Criminal Appeals and from this Court and of the guiding authority from other Texas intermediate courts of appeals addressing claims like those brought here, we must reject Criner’s constitutional challenges to the punishment

11
Jor\Dan Jacqueinn Maurice Lewis v. State"green
texapp · 2014 · cited in 1 Texas opinions naming this issue, 2019–2019
1 sentence

2019See Kim, 2015 WL 1935948 , at *6; see also Simms v. State, No. 06-18-00181-CR, 2019 WL 2479845 , at *10 (Tex. App.—Texarkana June 14, 2019, pet. filed) (mem. op., not designated for publication); Cormier v. State, 540 S.W.3d 185, 193 (Tex. App.—Houston [1st Dist.] 2017, pet. ref’d); Lewis v. State, 448 S.W.3d 138, 147 (Tex. App.—Houston [14th Dist.] 2014, pet. ref’d); Buhl v. State, 960 S.W.2d 927 , 935–36 (Tex. App.—Waco 1998, pet. ref’d).

11
Guzman v. Stategreen
texapp · 2017 · cited in 1 Texas opinions naming this issue, 2019–2019
1 sentence

2019See McCardle v. State, 550 S.W.3d 265, 266, 269 (Tex. App.—Houston [14th Dist.] 2018, pet. ref’d) (concluding that juvenile defendant who was sentenced to life with possibility of parole “was not entitled to an individualized punishment hearing under the Eighth Amendment or Miller”); Guzman v. State, 539 S.W.3d 394, 402-06 (Tex. App.—Houston [1st Dist.] 2017, pet. ref’d) (rejecting facial challenge to subsection 12.31(a)(1) of Penal Code and subsection 508.145(b) of Government Code); Matthews v. State, 513 S.W.3d 45, 61 (Tex. App.—Houston [14th Dist.] 2016, pet. ref’d) (overruling defendant’s

11
McCardle v. Stategreen
texapp · 2018 · cited in 1 Texas opinions naming this issue, 2019–2019
1 sentence

2019See McCardle v. State, 550 S.W.3d 265, 266, 269 (Tex. App.—Houston [14th Dist.] 2018, pet. ref’d) (concluding that juvenile defendant who was sentenced to life with possibility of parole “was not entitled to an individualized punishment hearing under the Eighth Amendment or Miller”); Guzman v. State, 539 S.W.3d 394, 402-06 (Tex. App.—Houston [1st Dist.] 2017, pet. ref’d) (rejecting facial challenge to subsection 12.31(a)(1) of Penal Code and subsection 508.145(b) of Government Code); Matthews v. State, 513 S.W.3d 45, 61 (Tex. App.—Houston [14th Dist.] 2016, pet. ref’d) (overruling defendant’s

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

2019See McCardle v. State, 550 S.W.3d 265, 266, 269 (Tex. App.—Houston [14th Dist.] 2018, pet. ref’d) (concluding that juvenile defendant who was sentenced to life with possibility of parole “was not entitled to an individualized punishment hearing under the Eighth Amendment or Miller”); Guzman v. State, 539 S.W.3d 394, 402-06 (Tex. App.—Houston [1st Dist.] 2017, pet. ref’d) (rejecting facial challenge to subsection 12.31(a)(1) of Penal Code and subsection 508.145(b) of Government Code); Matthews v. State, 513 S.W.3d 45, 61 (Tex. App.—Houston [14th Dist.] 2016, pet. ref’d) (overruling defendant’s

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 (2)

CaseCitedYears
Harmelin v. Michigan green
scotus · 1991
1 sentence

2024Id.

12024–2024
Buhl v. State green
texapp · 1998
1 sentence

2019See Kim, 2015 WL 1935948 , at *6; see also Simms v. State, No. 06-18-00181-CR, 2019 WL 2479845 , at *10 (Tex. App.—Texarkana June 14, 2019, pet. filed) (mem. op., not designated for publication); Cormier v. State, 540 S.W.3d 185, 193 (Tex. App.—Houston [1st Dist.] 2017, pet. ref’d); Lewis v. State, 448 S.W.3d 138, 147 (Tex. App.—Houston [14th Dist.] 2014, pet. ref’d); Buhl v. State, 960 S.W.2d 927 , 935–36 (Tex. App.—Waco 1998, pet. ref’d).

12019–2019

Statutes the citing opinions construe

TX § Tex. Penal Code § 12.31 (6) TX § Tex. Penal Code § 19.03 (6)

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.

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