structural or constitutional error (Texas) · Go Syfert
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structural or constitutional error in Texas

7 Texas opinions name it 2 courts 2017–2025 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.

Followed or applied (1)

CaseFollowedCited
Schmutz v. Stategreen
texcrimapp · 2014 · cited in 7 Texas opinions naming this issue, 2017–2025
2 sentences

2025See Schmutz, 440 S.W.3d at 35–39.

2023“The Court of Criminal Appeals has held that (1) venue is not an element of the offense, (2) failure to prove venue does not result in acquittal, and (3) failure to prove venue does not implicate a structural or constitutional error.” Cummings v. State, No. 12-16-00122-CR, 2017 WL 1426796 , at *1 (Tex. App.—Tyler Apr. 19, 2017, no pet.) (mem. op., not designated for publication) (citing Schmutz, 440 S.W.3d at 35–39). 11 B.

17

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Statutes the citing opinions construe

TX § Tex. Penal Code § 38.12 (5) TX § Tex. Penal Code § 6.03 (5)

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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