Andrews v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• failing to define “prurient interest,” a term not statutorily defined, was not error although it may have acquired a technical meaning
• trial court’s instruction held reversible error as “jury [could not] perform its function of being the exclusive judge of facts.”
• “The general rule is that it is usually permissible to track the pertinent part of the charging instrument when preparing the application paragraph.”
• “When the Legislature enacted the present Texas obscenity statute, it was attempting to comply with the Supreme Court decision of Miller v. California”
• A The general rule is that it is usually permissible to track the pertinent part of the charging instrument when preparing the application paragraph. @
• “We therefore hold that the Texas obscenity statute is not unconstitutional because statutory term “patently offensive” is defined in terms of a community standard of decency. The statute is neither vague nor overbroad because of this fact.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

70 cases in this archive cite this case; the 20 most cited are listed.

• Middleton v. State
  Court of Criminal Appeals of Texas· 2003-04-23· cited 572×
• Roise v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 1999-12-02· cited 252×
• Wright v. State
  Court of Criminal Appeals of Texas· 1999-12-15· cited 215×
• Willis v. State
  Court of Criminal Appeals of Texas· 1990-05-16· cited 210×
• Mosley v. State
  Court of Criminal Appeals of Texas· 1985-03-06· cited 72×
• People Ex Rel. Tooley v. Seven Thirty-Five East Colfax, Inc.
  Supreme Court of Colorado· 1985-02-25· cited 67×
• Davis v. State
  Court of Criminal Appeals of Texas· 1983-05-04· cited 66×
• Alexander v. State
  Tex. App. Ct., 5th Dist. (Dallas)· 1995-08-03· cited 56×
• Delapaz v. State
  Tex. App. Ct., 5th Dist. (Dallas)· 2007-08-03· cited 56×
• Tovar v. State
  Tex. App. Ct., 4th Dist. (San Antonio)· 2005-04-20· cited 49×
• Crum v. State
  Tex. App. Ct., 14th Dist. (Houston)· 1997-04-24· cited 47×
• Yorko v. State
  Court of Criminal Appeals of Texas· 1985-05-22· cited 38×
• Smith v. State
  Tex. App. Ct., 5th Dist. (Dallas)· 1991-01-23· cited 34×
• Gholson v. State
  Court of Appeals of Texas· 1984-01-06· cited 29×
• State v. Bolles
  Court of Criminal Appeals of Texas· 2017-10-18· cited 26×
• State v. Longe
  Supreme Court of Vermont· 1999-09-24· cited 22×
• Clark v. State
  Tex. App. Ct., 7th Dist. (Amarillo)· 2005-12-01· cited 21×
• Hoa Ho v. State
  Tex. App. Ct., 1st Dist. (Houston)· 1993-05-13· cited 20×
• Varkonyi v. State
  Tex. App. Ct., 8th Dist. (El Paso)· 2008-10-29· cited 16×
• Carter v. State
  Court of Appeals of Texas· 1986-08-07· cited 16×

Cites

36 cases in this archive are cited by this case; the 20 most cited are listed.

• Roth v. United States
  Supreme Court· 1957-06-24· cited 3,255×
• Miller v. California
  Supreme Court· 1973-10-09· cited 3,038×
• New York v. Ferber
  Supreme Court· 1982-07-02· cited 2,505×
• Stanley v. Georgia
  Supreme Court· 1969-04-07· cited 1,725×
• Oregon v. Hass
  Supreme Court· 1975-03-19· cited 1,364×
• Jacobellis v. Ohio
  Supreme Court· 1964-06-22· cited 1,335×
• Gitlow v. New York
  Supreme Court· 1925-06-08· cited 1,060×
• Jenkins v. Georgia
  Supreme Court· 1974-06-24· cited 409×
• Smith v. United States
  Supreme Court· 1977-05-23· cited 285×
• King v. State
  Court of Criminal Appeals of Texas· 1977-05-11· cited 143×
• Doyle v. State
  Court of Criminal Appeals of Texas· 1982-04-28· cited 125×
• Red Bluff Drive-In, Inc. v. Vance
  Fifth Circuit· 1981-06-23· cited 73×
• Milligan v. State
  Court of Criminal Appeals of Texas· 1977-06-01· cited 60×
• Watson v. State
  Court of Criminal Appeals of Texas· 1977-01-12· cited 60×
• Olveda v. State
  Court of Criminal Appeals of Texas· 1983-03-16· cited 54×
• Grady v. State
  Court of Criminal Appeals of Texas· 1982-06-16· cited 53×
• Ex Parte Clark
  Court of Criminal Appeals of Texas· 1979-11-28· cited 37×
• Flying Eagle Publications, Inc. v. United States of America, Michael St. John v. United States
  First Circuit· 1960-01-21· cited 36×
• United States v. Walter \Frenchy\ Bagnell
  Eleventh Circuit· 1982-06-28· cited 36×
• Bryers v. State
  Court of Criminal Appeals of Texas· 1972-05-31· cited 35×