jury applied the challenged instruction (Texas) · Go Syfert
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jury applied the challenged instruction in Texas

7 Texas opinions name it 2 courts 2002–2015 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 (9)

CaseFollowedCited
Estelle v. McGuiregreen
scotus · 1991 · cited in 2 Texas opinions naming this issue, 2005–2005
2 sentences

2005The legal formulation settled upon was: "whether there is a reasonable likelihood that the jury applied the challenged instruction in a way that prevents the consideration of constitutionally relevant evidence." Id. at 380 , 110 S.Ct. 1190 . [3] Weeks v. Angelone, 528 U.S. 225, 236 , 120 S.Ct. 727 , 145 L.Ed.2d 727 (2000) (citing Boyde , and holding that death-penalty mitigating-evidence instructions were constitutionally adequate); see also Estelle v. McGuire, 502 U.S. 62, 74-75 , 112 S.Ct. 475 , 116 L.Ed.2d 385 (1991) (stating that "[w]hile the instruction was not as clear as it might have b

2005The legal formulation settled upon was: "whether there is a reasonable likelihood that the jury applied the challenged instruction in a way that prevents the consideration of constitutionally relevant evidence." Id. at 380 , 110 S.Ct. 1190 . [3] Weeks v. Angelone, 528 U.S. 225, 236 , 120 S.Ct. 727 , 145 L.Ed.2d 727 (2000) (citing Boyde , and holding that death-penalty mitigating-evidence instructions were constitutionally adequate); see also Estelle v. McGuire, 502 U.S. 62, 74-75 , 112 S.Ct. 475 , 116 L.Ed.2d 385 (1991) (stating that "[w]hile the instruction was not as clear as it might have b

22
Weeks v. Angelonegreen
scotus · 2000 · cited in 2 Texas opinions naming this issue, 2005–2005
2 sentences

2005The legal formulation settled upon was: "whether there is a reasonable likelihood that the jury applied the challenged instruction in a way that prevents the consideration of constitutionally relevant evidence." Id. at 380 , 110 S.Ct. 1190 . [3] Weeks v. Angelone, 528 U.S. 225, 236 , 120 S.Ct. 727 , 145 L.Ed.2d 727 (2000) (citing Boyde , and holding that death-penalty mitigating-evidence instructions were constitutionally adequate); see also Estelle v. McGuire, 502 U.S. 62, 74-75 , 112 S.Ct. 475 , 116 L.Ed.2d 385 (1991) (stating that "[w]hile the instruction was not as clear as it might have b

2005The legal formulation settled upon was: "whether there is a reasonable likelihood that the jury applied the challenged instruction in a way that prevents the consideration of constitutionally relevant evidence." Id. at 380 , 110 S.Ct. 1190 . [3] Weeks v. Angelone, 528 U.S. 225, 236 , 120 S.Ct. 727 , 145 L.Ed.2d 727 (2000) (citing Boyde , and holding that death-penalty mitigating-evidence instructions were constitutionally adequate); see also Estelle v. McGuire, 502 U.S. 62, 74-75 , 112 S.Ct. 475 , 116 L.Ed.2d 385 (1991) (stating that "[w]hile the instruction was not as clear as it might have b

22
Penry v. Johnsongreen
scotus · 2001 · cited in 2 Texas opinions naming this issue, 2004–2004
2 sentences

2004Cf. Penry II, 121 S.Ct. at 1922 (federal constitutional issue is whether there is a reasonable likelihood that the jury applied the challenged instruction in a way that prevented the consideration of constitutionally relevant mitigating evidence).

2004Cf. Penry II, 121 S.Ct. at 1922 (federal constitutional issue is whether there is a reasonable likelihood that the jury applied the challenged instruction in a way that prevented the consideration of constitutionally relevant mitigating evidence).

22
Boyde v. Californiagreen
scotus · 1990 · cited in 2 Texas opinions naming this issue, 2005–2005
2 sentences

2005The legal formulation settled upon was: "whether there is a reasonable likelihood that the jury applied the challenged instruction in a way that prevents the consideration of constitutionally relevant evidence.” Id. at 380 , 110 S.Ct. 1190 . .

2005The legal formulation settled upon was: "whether there is a reasonable likelihood that the jury applied the challenged instruction in a way that prevents the consideration of constitutionally relevant evidence.” Id. at 380 , 110 S.Ct. 1190 . .

12
Armstrong v. Tolergreen
· 1826 · cited in 1 Texas opinions naming this issue, 2005–2005
2 sentences

2005The legal formulation settled upon was: "whether there is a reasonable likelihood that the jury applied the challenged instruction in a way that prevents the consideration of constitutionally relevant evidence." Id. at 380 , 110 S.Ct. 1190 . [3] Weeks v. Angelone, 528 U.S. 225, 236 , 120 S.Ct. 727 , 145 L.Ed.2d 727 (2000) (citing Boyde , and holding that death-penalty mitigating-evidence instructions were constitutionally adequate); see also Estelle v. McGuire, 502 U.S. 62, 74-75 , 112 S.Ct. 475 , 116 L.Ed.2d 385 (1991) (stating that "[w]hile the instruction was not as clear as it might have b

2005The legal formulation settled upon was: "whether there is a reasonable likelihood that the jury applied the challenged instruction in a way that prevents the consideration of constitutionally relevant evidence." Id. at 380 , 110 S.Ct. 1190 . [3] Weeks v. Angelone, 528 U.S. 225, 236 , 120 S.Ct. 727 , 145 L.Ed.2d 727 (2000) (citing Boyde , and holding that death-penalty mitigating-evidence instructions were constitutionally adequate); see also Estelle v. McGuire, 502 U.S. 62, 74-75 , 112 S.Ct. 475 , 116 L.Ed.2d 385 (1991) (stating that "[w]hile the instruction was not as clear as it might have b

11
Johnson v. Texasgreen
scotus · 1993 · cited in 1 Texas opinions naming this issue, 2005–2005
2 sentences

2005The legal formulation settled upon was: "whether there is a reasonable likelihood that the jury applied the challenged instruction in a way that prevents the consideration of constitutionally relevant evidence." Id. at 380 , 110 S.Ct. 1190 . [3] Weeks v. Angelone, 528 U.S. 225, 236 , 120 S.Ct. 727 , 145 L.Ed.2d 727 (2000) (citing Boyde , and holding that death-penalty mitigating-evidence instructions were constitutionally adequate); see also Estelle v. McGuire, 502 U.S. 62, 74-75 , 112 S.Ct. 475 , 116 L.Ed.2d 385 (1991) (stating that "[w]hile the instruction was not as clear as it might have b

2005The legal formulation settled upon was: "whether there is a reasonable likelihood that the jury applied the challenged instruction in a way that prevents the consideration of constitutionally relevant evidence." Id. at 380 , 110 S.Ct. 1190 . [3] Weeks v. Angelone, 528 U.S. 225, 236 , 120 S.Ct. 727 , 145 L.Ed.2d 727 (2000) (citing Boyde , and holding that death-penalty mitigating-evidence instructions were constitutionally adequate); see also Estelle v. McGuire, 502 U.S. 62, 74-75 , 112 S.Ct. 475 , 116 L.Ed.2d 385 (1991) (stating that "[w]hile the instruction was not as clear as it might have b

11
Ex Parte Tennardgreen
texcrimapp · 1997 · cited in 1 Texas opinions naming this issue, 2002–2002
1 sentence

2002See Jimenez, 32 S.W.3d at 238-39 ; Smith, 898 S.W.2d at 857-72 (Clinton, J, dissenting) (explaining why a life-sentenced capital murder defendant’s parole eligibility could be considered mitigating); cf. Ex parte Tennard, 960 S.W.2d 57, 61 (Tex.Cr.App.1997), cert. denied, 524 U.S. 956 , 118 S.Ct. 2376 , 141 L.Ed.2d 743 (1998) (constitutional issue in cases like this, where constitutional issue is preserved, is whether there is a reasonable likelihood that the jury applied the challenged instruction in a way that prevents the consideration of constitutionally relevant mitigating evidence).

11
Smith v. Stategreen
texcrimapp · 1995 · cited in 1 Texas opinions naming this issue, 2002–2002
1 sentence

2002See Jimenez, 32 S.W.3d at 238-39 ; Smith, 898 S.W.2d at 857-72 (Clinton, J, dissenting) (explaining why a life-sentenced capital murder defendant’s parole eligibility could be considered mitigating); cf. Ex parte Tennard, 960 S.W.2d 57, 61 (Tex.Cr.App.1997), cert. denied, 524 U.S. 956 , 118 S.Ct. 2376 , 141 L.Ed.2d 743 (1998) (constitutional issue in cases like this, where constitutional issue is preserved, is whether there is a reasonable likelihood that the jury applied the challenged instruction in a way that prevents the consideration of constitutionally relevant mitigating evidence).

11
Jimenez v. Stategreen
texcrimapp · 2000 · cited in 1 Texas opinions naming this issue, 2002–2002
1 sentence

2002See Jimenez, 32 S.W.3d at 238-39 ; Smith, 898 S.W.2d at 857-72 (Clinton, J, dissenting) (explaining why a life-sentenced capital murder defendant’s parole eligibility could be considered mitigating); cf. Ex parte Tennard, 960 S.W.2d 57, 61 (Tex.Cr.App.1997), cert. denied, 524 U.S. 956 , 118 S.Ct. 2376 , 141 L.Ed.2d 743 (1998) (constitutional issue in cases like this, where constitutional issue is preserved, is whether there is a reasonable likelihood that the jury applied the challenged instruction in a way that prevents the consideration of constitutionally relevant mitigating evidence).

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 (4)

CaseCitedYears
Luquis v. State green
texcrimapp · 2002
2 sentences

2015Id.

2006Id. at 368 .

22006–2015
Dougan v. Singletary green
scotus · 1998
1 sentence

2002See Jimenez, 32 S.W.3d at 238-39 ; Smith, 898 S.W.2d at 857-72 (Clinton, J, dissenting) (explaining why a life-sentenced capital murder defendant’s parole eligibility could be considered mitigating); cf. Ex parte Tennard, 960 S.W.2d 57, 61 (Tex.Cr.App.1997), cert. denied, 524 U.S. 956 , 118 S.Ct. 2376 , 141 L.Ed.2d 743 (1998) (constitutional issue in cases like this, where constitutional issue is preserved, is whether there is a reasonable likelihood that the jury applied the challenged instruction in a way that prevents the consideration of constitutionally relevant mitigating evidence).

12002–2002
Dixon v. Texas green
scotus · 1998
1 sentence

2002See Jimenez, 32 S.W.3d at 238-39 ; Smith, 898 S.W.2d at 857-72 (Clinton, J, dissenting) (explaining why a life-sentenced capital murder defendant’s parole eligibility could be considered mitigating); cf. Ex parte Tennard, 960 S.W.2d 57, 61 (Tex.Cr.App.1997), cert. denied, 524 U.S. 956 , 118 S.Ct. 2376 , 141 L.Ed.2d 743 (1998) (constitutional issue in cases like this, where constitutional issue is preserved, is whether there is a reasonable likelihood that the jury applied the challenged instruction in a way that prevents the consideration of constitutionally relevant mitigating evidence).

12002–2002
Love v. Tippy green
scotus · 1998
1 sentence

2002See Jimenez, 32 S.W.3d at 238-39 ; Smith, 898 S.W.2d at 857-72 (Clinton, J, dissenting) (explaining why a life-sentenced capital murder defendant’s parole eligibility could be considered mitigating); cf. Ex parte Tennard, 960 S.W.2d 57, 61 (Tex.Cr.App.1997), cert. denied, 524 U.S. 956 , 118 S.Ct. 2376 , 141 L.Ed.2d 743 (1998) (constitutional issue in cases like this, where constitutional issue is preserved, is whether there is a reasonable likelihood that the jury applied the challenged instruction in a way that prevents the consideration of constitutionally relevant mitigating evidence).

12002–2002

Where else courts name it

CA 94 (2008–2026) SC 17 (1993–2024) LA 11 (1994–2012) TX 7 (2002–2015) NC 5 (1992–2000) WI 4 (2011–2025) KS 2 (2014–2016)

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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