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6 Texas opinions name it 2 courts 1982–1991 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 |
|---|---|---|
Sandstrom v. Montanagreen2 sentences1983See also Sandstrom v. Montana, 442 U.S. 510, 524 , 99 S.Ct. 2450, 2459 , 61 L.Ed.2d 39 (1979); Mullaney v. Wilbur, 421 U.S. 684, 704 , 95 S.Ct. 1881, 1892 , 44 L.Edi2d 508 (1975) (where the Supreme Court held that “the due process clause requires the prosecution to prove beyond a reasonable doubt the absence of the heat of passion on sudden provocation when the issue is properly presented in a homicide case”). 1983See also Sandstrom v. Montana, 442 U.S. 510, 524 , 99 S.Ct. 2450, 2459 , 61 L.Ed.2d 39 (1979); Mullaney v. Wilbur, 421 U.S. 684, 704 , 95 S.Ct. 1881, 1892 , 44 L.Edi2d 508 (1975) (where the Supreme Court held that “the due process clause requires the prosecution to prove beyond a reasonable doubt the absence of the heat of passion on sudden provocation when the issue is properly presented in a homicide case”). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
West v. State
green
2 sentences1984Cumbie v. State, supra; West v. State, 567 S.W.2d 515 (Tex.Cr.App.1978); Messenger v. State, 638 S.W.2d 883 (Tex.Cr.App.1982). 1982Cumbie v. State, 578 S.W.2d 732 (Tex.Cr.App.1978); West v. State, 567 S.W.2d 515 (Tex.Cr.App.1978). | 2 | 1982–1984 |
Doyle v. State
green
2 sentences1984He cites Doyle v. State, 631 S.W.2d 732 (Tex.Cr.App.1982) for the proposition that the failure to include an essential element of the offense of the charge applying the law to the facts is fundamental error. 1983Doyle v. State, 631 S.W.2d 732 (Tex.Cr.App.1980). | 2 | 1983–1984 |
Almanza v. State
red
1 sentence1991The holding in Selman , however, was decided before the Court of Criminal Appeals delivered its opinion in Almanza v. State, 686 S.W.2d 157 (Tex.Crim.App.1984). | 1 | 1991–1991 |
Selman v. State
green
2 sentences1991Appellant cites as authority Selman v. State, 663 S.W.2d 838 (Tex.Crim.App.1984), which held that “[t]he failure to include an essential element of the offense in the charge applying the law to the facts is fundamental error.” Id. at 840 . 1991Appellant cites as authority Selman v. State, 663 S.W.2d 838 (Tex.Crim.App.1984), which held that “[t]he failure to include an essential element of the offense in the charge applying the law to the facts is fundamental error.” Id. at 840 . | 1 | 1991–1991 |
Messenger v. State
green
1 sentence1984Cumbie v. State, supra; West v. State, 567 S.W.2d 515 (Tex.Cr.App.1978); Messenger v. State, 638 S.W.2d 883 (Tex.Cr.App.1982). | 1 | 1984–1984 |
Mullaney v. Wilbur
green
2 sentences1983See also Sandstrom v. Montana, 442 U.S. 510, 524 , 99 S.Ct. 2450, 2459 , 61 L.Ed.2d 39 (1979); Mullaney v. Wilbur, 421 U.S. 684, 704 , 95 S.Ct. 1881, 1892 , 44 L.Edi2d 508 (1975) (where the Supreme Court held that “the due process clause requires the prosecution to prove beyond a reasonable doubt the absence of the heat of passion on sudden provocation when the issue is properly presented in a homicide case”). 1983See also Sandstrom v. Montana, 442 U.S. 510, 524 , 99 S.Ct. 2450, 2459 , 61 L.Ed.2d 39 (1979); Mullaney v. Wilbur, 421 U.S. 684, 704 , 95 S.Ct. 1881, 1892 , 44 L.Edi2d 508 (1975) (where the Supreme Court held that “the due process clause requires the prosecution to prove beyond a reasonable doubt the absence of the heat of passion on sudden provocation when the issue is properly presented in a homicide case”). | 1 | 1983–1983 |
Cumbie v. State
red
2 sentences1982Cumbie v. State, 578 S.W.2d 732 (Tex.Cr.App.1978); West v. State, 567 S.W.2d 515 (Tex.Cr.App.1978). 1982Cumbie v. State, 578 S.W.2d 732 (Tex.Cr.App.1978); West v. State, 567 S.W.2d 515 (Tex.Cr.App.1978). | 1 | 1982–1982 |