green
Positive treatment
38.9 score
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990
2008
2026
Top citers, strongest first. 50 distinct citers.
cited
Cited as authority (rule)
Jose Humberto Navarro v. the State of Texas
App. 1985), overruled on other grounds by Williams v. State, 780 S.W.2d 802, 803 (Tex. Crim.
cited
Cited as authority (rule)
Arnoldo Medina, Jr. v. State
App. 1985), overruled on other grounds, Williams v. State, 780 S.W.2d 802, 803 (Tex. Crim.
discussed
Cited as authority (rule)
Alberto Montelongo v. State
Dugard v. 1 Appellant’s brief does not direct us to a third admonishment in the record, and we have found none. 9 State, 688 S.W.2d 524, 528, 529 (Tex.Crim.App. 1985), overruled on other grounds by Williams v. State, 780 S.W.2d 802, 803 (Tex.Crim.App. 1989); Jackson, 139 S.W.3d at 20 , quoting Stephenson v. State, 494 S.W.2d 900, 909-10 (Tex.Crim.App. 1973).
cited
Cited as authority (rule)
Jordan, Raleigh
App. 1985), overruled on other grounds by Williams v. State, 780 S.W.2d 802, 803 (Tex. Crim.
cited
Cited as authority (rule)
Jordan, Raleigh
App. 1985), overruled on other grounds by Williams v. State, 780 S.W.2d 802, 803 (Tex. Grim.
cited
Cited as authority (rule)
Jordan, Raleigh
App. 1985), overruled on other grounds by Williams v. State, 780 S.W.2d 802, 803 (Tex. Grim.
cited
Cited as authority (rule)
Raleigh Jordan v. State
App. 1985), overruled on other grounds by Williams v. State, 780 S.W.2d 802, 803 (Tex. Crim.
cited
Cited as authority (rule)
Allyn Shane Doyle A/K/A Shane Doyle v. State
App. 1985), overruled on other grounds by Williams v. State, 780 S.W.2d 802, 803 (Tex. Crim.
cited
Cited as authority (rule)
Benjamin Curcuru v. State
App. 1985), overruled on other grounds by, Williams v. State, 780 S.W.2d 802, 803 (Tex. Crim.
cited
Cited as authority (rule)
Darrell Franklin Lee v. State
App. 1985), overruled on other grounds, Williams v. State, 780 S.W.2d 802, 803 (Tex. Crim.
cited
Cited as authority (rule)
Carla Jo Keck v. State
App. 1985), overruled on other grounds by Williams v. State , 780 S.W.2d 802, 803 (Tex. Crim.
cited
Cited as authority (rule)
Roger Dale Gentry v. State
App. 1985), overruled on other grounds by Williams v. State , 780 S.W.2d 802, 803 (Tex. Crim.
cited
Cited as authority (rule)
Roger Dale Gentry v. State
App. 1985), overruled on other grounds by Williams v. State, 780 S.W.2d 802, 803 (Tex. Crim.
discussed
Cited as authority (rule)
Klapesky v. State
Dugard v. State, 688 S.W.2d 524, 529-30 (Tex.Crim.App.1985), overruled on other grounds, Williams v. State, 780 S.W.2d 802, 803 (Tex.Crim.App.1989); Flores, 18 S.W.3d at 798 ; Mallet v. State, 9 S.W.3d at 865 .
cited
Cited as authority (rule)
Eduardo Rivera- Reyes v. State
App. 1985), overruled on other grounds by Williams v. State , 780 S.W.2d 802, 803 (Tex. Crim.
cited
Cited as authority (rule)
Gregory Michael Klapesky v. State
App. 1985), overruled on other grounds , Williams v. State , 780 S.W.2d 802, 803 (Tex. Crim.
cited
Cited as authority (rule)
Gregory Michael Klapesky v. State
App. 1985), overruled on other grounds, Williams v. State, 780 S.W.2d 802, 803 (Tex. Crim.
discussed
Cited as authority (rule)
State v. Moore
(2×)
LEXIS 518, 2006 WL 151942 (Tex. AppAustin, January 19, 2006.) [6] 688 S.W.2d 524 (Tex.Crim.App.1985), overruled in part, Williams v. State, 780 S.W.2d 802, 803 (Tex.Crim.App.1989). [7] 743 S.W.2d 207 (Tex.Crim.App.1987). [8] 546 U.S. 12 , 126 S.Ct. 403 , 163 L.Ed.2d 14 (2005). [9] Id., 126 S.Ct. at 407 . [10] In its totality, Article 671 read: ART. 671.
cited
Cited as authority (rule)
State of Texas v. Moore, Billy
App. 1985), overruled in part , Williams v. State , 780 S.W.2d 802, 803 (Tex. Crim.
cited
Cited as authority (rule)
Linda Cloud v. Mike McKinney and Kathy Walt
App. 1985), overruled on other grounds, Williams v. State, 780 S.W.2d 802, 803 (Tex. Crim.
cited
Cited as authority (rule)
Frank Joseph v. State
App. 1985), overruled on other grounds , Williams v. State , 780 S.W.2d 802, 803 (Tex. Crim.
cited
Cited as authority (rule)
Edward L. Martinez v. State
The Court of Criminal Appeals, in Williams v. State , 780 S.W.2d 802, 803 (Tex. Crim.
cited
Cited as authority (rule)
Edward L. Martinez v. State
The Court of Criminal Appeals, in Williams v. State, 780 S.W.2d 802, 803 (Tex. Crim.
cited
Cited as authority (rule)
Edward L. Martinez v. State
The Court of Criminal Appeals, in Williams v. State , 780 S.W.2d 802, 803 (Tex. Crim.
discussed
Cited as authority (rule)
Noel Ignacio Valverde v. State
Drew v. State , 743 S.W.2d 207, 222-23 (Tex.Crim.App. 1987); Dugard v. State , 688 S.W.2d 524, 530 (Tex.Crim.App. 1985), overruled on other grounds by Williams v. State , 780 S.W.2d 802, 803 (Tex.Crim.App. 1989); Belton v. State , 900 S.W.2d 886, 902 (Tex.App.--El Paso 1995, pet. ref’d).
cited
Cited as authority (rule)
Blake Taylor v. State
App. 1985), overruled on other grounds, by Williams v. State, 780 S.W.2d 802, 803 (Tex. Crim.
cited
Cited as authority (rule)
Blake Taylor v. State
App. 1985), overruled on other grounds , by Williams v. State , 780 S.W.2d 802, 803 (Tex. Crim.
cited
Cited as authority (rule)
State v. Billy Moore
App. 1985), overruled on other grounds, Williams v. State, 780 S.W.2d 802, 803 (Tex. Crim.
cited
Cited as authority (rule)
State v. Billy Moore
App. 1985), overruled on other grounds , Williams v. State , 780 S.W.2d 802, 803 (Tex. Crim.
discussed
Cited as authority (rule)
Blanchard, Brant Ray v. State
App. 1985), overruled on other grounds, Williams v. State , 780 S.W.2d 802, 803 (Tex. Crim.
cited
Cited as authority (rule)
Elton Ortiz v. Zonia Scott
Brian Quinn Chief Justice The Court of Criminal Appeals, in Williams v. State , 780 S.W.2d 802, 803 (Tex. Crim.
cited
Cited as authority (rule)
Edward Lester Talley v. State
App. 1985) , overruled on other grounds , Williams v. State , 780 S.W.2d 802, 803 (Tex. Crim.
cited
Cited as authority (rule)
State v. Lewis
Dugard v. State, 688 S.W.2d 524, 530 (Tex.Crim.App.1985), overruled on other grounds, Williams v. State, 780 S.W.2d 802, 803 (Tex.Crim.App.1989).
cited
Cited as authority (rule)
Ramirez-Mungaray, Jorge Luis v. State
App. 1985), overruled on other grounds by Williams v. State, 780 S.W.2d 802, 803 (Tex. Crim.
cited
Cited as authority (rule)
State v. Adam Roberts Lewis
App. 1985), overruled on other grounds , Williams v. State , 780 S.W.2d 802, 803 (Tex. Crim.
cited
Cited as authority (rule)
Marsha Denise Flye v. State
Dugard v. State , 688 S.W.2d 524, 527 (Tex.Cr.App.1985), overruled on other grounds by Williams v. State , 780 S.W.2d 802, 803 (Tex.Cr.App.1989); Zaragosa v. State , 588 S.W.2d 322 (Tex.Cr.App.1979).
cited
Cited as authority (rule)
Otiro Saloman Garza v. State
App. 1985), overruled on other grounds, Williams v. State , 780 S.W.2d 802, 803 (Tex. Crim.
discussed
Cited as authority (rule)
Licon v. State
Drew v. State, 743 S.W.2d 207, 222-23 (Tex.Crim.App.1987); Dugard v. State, 688 S.W.2d 524, 529-30 (Tex.Crim.App.1985), overruled on other grounds by Williams v. State, 780 S.W.2d 802, 803 (Tex.Crim.App.1989); Belt on, 900 S.W.2d 886, 902 (Tex.App.-El Paso 1995, pet. ref'd); Pena v. State, 767 S.W.2d 206, 207 (Tex.App.-Corpus Christi 1989, no pet.).
cited
Cited as authority (rule)
Licon, Jr., Ernesto v. State
App. 1985), overruled on other grounds by Williams v. State, 780 S.W.2d 802, 803 (Tex. Crim.
cited
Cited as authority (rule)
Jimenez, Jose v. State
App. 1985), overruled on other grounds , Williams v. State , 780 S.W.2d 802, 803 (Tex. Crim.
discussed
Cited as authority (rule)
Prudhomme v. State
Dugard v. State, 688 S.W.2d 524, 529-30 (Tex.Crim.App.1985), overruled on other grounds, Williams v. State, 780 S.W.2d 802, 808 (Tex.Crim.App.1989); Belton v. State, 900 S.W.2d 886, 901-02 (Tex.App.-El Paso 1995, pet. ref'd); Groh v. State, 725 S.W.2d 282, 285 (Tex.App.-Houston [1st Dist.] 1986, pet. ref'd); Heckathorne v. State, 697 S.W.2d 8, 10 (Tex.App.-Houston [14th Dist.] 1985, pet. ref'd).
cited
Cited as authority (rule)
Flores v. State
P. 21.4(b); Dugard v. State, 688 S.W.2d 524, 530 (Tex.Crim.App.1985), overruled on other grounds, Williams v. State, 780 S.W.2d 802, 803 (Tex.Crim.App.1989).
cited
Cited as authority (rule)
Adrian Flores, Jr. v. State
App. 1985), overruled on other grounds, Williams v. State , 780 S.W.2d 802, 803 (Tex. Crim.
cited
Cited as authority (rule)
Jimmy Martinez v. State
App. 1985), overruled on other grounds, Williams v. State , 780 S.W.2d 802, 803 (Tex. Crim.
discussed
Cited as authority (rule)
Rangel v. State
Dugard v. State, 688 S.W.2d 524, 529-30 (Tex.Crim.App.1985) (overruled on other grounds by Williams v. State, 780 S.W.2d 802, 803 (Tex.Crim.App.1989)); Kiser v. State, 788 S.W.2d 909 , ¡915 (Tex.App.—Dallas 1990, pet. ref'd).
cited
Cited as authority (rule)
Donald Ray Trowbridge v. State
App. 1985), overruled on unrelated ground, Williams v. State , 780 S.W.2d 802, 803 (Tex. Crim.
discussed
Cited as authority (rule)
Carranza v. State
(2×)
App.1985), overruled on other grounds, Williams v. State, 780 S.W.2d 802, 803 (Tex. Cr.App.1989).
discussed
Cited as authority (rule)
Stone v. State
Perkins v. Court of Appeals, 738 S.W.2d 276, 280-81 (Tex.Crim.App.1987) (original proceeding); Dugard v. State, 688 S.W.2d 524, 529-30 (Tex.Crim.App.1985), overruled an other grounds, Williams v. State, 780 S.W.2d 802, 803 (Tex.Crim.App.1989); Johnson v. State, 894 S.W.2d 529, 534 (Tex.App.—Austin 1995, no pet.).
discussed
Cited as authority (rule)
Vasquez v. State
(2×)
Romero v. State, 800 S.W.2d at 543; Dugard v. State, 688 S.W.2d 524 , 530 n. 2 (Tex.Crim.App.1985), overruled on other grounds, Williams v. State, 780 S.W.2d 802, 803 (Tex.Crim.App.1989); Salas v. State, 629 S.W.2d 796, 799 (Tex.App.—Houston [14th Dist.] 1981, no pet.).
discussed
Cited as authority (rule)
James Edward Brown v. State
App. 1985), overruled on other grounds , Williams v. State , 780 S.W.2d 802, 803 (Tex. Crim.
Johnny Dell WILLIAMS, Appellant,
v.
the STATE of Texas, Appellee
v.
the STATE of Texas, Appellee
665-88.
Court of Criminal Appeals of Texas.
Dec 6, 1989.
Glenn 0. Lewis, Fort Worth, for appellant., Tim Curry, Dist. Atty., and C. Chris Marshall, Asst. Dist. Atty., Fort Worth, Robert Huttash, State’s Atty., Austin, for the State.
McCormick, Duncan.
Cited by 104 opinions | Published
OPINION OF STATE’S MOTION FOR REHEARING ON PETITION FOR DISCRETIONARY REVIEW
Our former opinion in this cause is withdrawn and the following is substituted therefor.
Johnny Dell Williams, henceforth appellant, was convicted by a jury for commit[*803] ting the offense of aggravated robbery and assessed punishment at sixty (60) years’ confinement in the Department of Corrections and a $10,000 fine.
On direct appeal, appellant asserted that he did not receive the effective assistance of counsel because his trial counsel failed to adequately and properly investigate the case; in particular he failed to locate and talk to appellant’s purported alibi witnesses.
Appellant’s court appointed attorney on appeal filed a timely and proper motion for new trial, raising this same contention. Also see McIntire v. State, 698 S.W.2d 652 (Tex.Cr.App.1985). No hearing was held on the motion nor is there any evidence that the trial judge ever ruled on the motion for new trial.
The Fort Worth Court of Appeals, in an unpublished opinion, see Williams v. State, No. 2-87-090-CR, May 18, 1988, abated the appeal and remanded the cause to the trial court, in order that the trial court could hold a hearing on the motion for new trial.
Originally, this Court refused the State’s petition for discretionary review but then granted the State’s motion for rehearing on the petition. The State argued that because the law was clear on the issue, this Court should not apply its decision of Measeles v. State, 661 S.W.2d 732 (Tex.Cr.App.1983), which held that “Ordinarily, this Court will not entertain a petition for discretionary review from an interlocutory order of the Court of Appeals since it does not finally dispose of the case in that court.” We adhere to what we held in Measeles, and decline the State’s invitation to make an exception in this case. In this connection, to the extent that our holding conflicts with this Court’s decision of Dugard v. State, 688 S.W.2d 524 (Tex.Cr.App.1985), Dugard is expressly overruled. In that regard, we adopt what Judge Clinton stated in the dissenting opinion that he filed in Dugard:
By entering an order merely abating an appeal a court of appeals does not ‘decide a case’ nor does it deliver ‘a written opinion.’ Its decision in the case and the reason for that decision awaits outcome of whatever proceeding is to be had in the trial court, reflected in a supplemental record filed in the court of appeals. With that supplemental record before it the court of appeals may then decide the cause with a written opinion giving the reason for its decision, after which the losing party is entitled to seek review by this Court.
Petition for discretionary review refused.
The State’s Motion for Rehearing is overruled.