Archie v. State

How courts have described this case

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

• holding that portion of prosecutor’s argument was permissible because it was “a reasonable deduction from the evidence” and not improper comment on defendant’s failure to testify
• concluding that, because improper questions during final argument were embedded within other remarks that invited jury to draw legitimate inference from evidence, magnitude of prejudice was “concomitantly diminished”
• concluding that the magnitude of prejudice of improper questions was diminished because the improper questions were embedded within other remarks that invited the jury to draw legitimate inferences
• holding that the trial court’s instruction to the prosecutor that he could not continue his line of argument and instructing the jury to disregard the argument because it was an improper comment on the defendant’s failure to testify was sufficient
• observing that the law generally presumes a trial court’s instructions to a jury will be duly obeyed
• explaining that mistrial is reserved for rare circumstances where objectionable action is so emotionally inflammatory that curative instruction is unlikely to prevent jury from being unfairly prejudiced against defendant

Source: CourtListener parenthetical corpus (CC0).

Cited by

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

• Snowden, Rion Pheal
  Court of Criminal Appeals of Texas· 2011-09-28· cited 309×
• Tyra Ann Whitney v. State
  Tex. App. Ct., 2nd Dist. (Fort Worth)· 2013-02-28· cited 64×
• Troy Williams II v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2013-11-14· cited 58×
• Rogelio Delacerda v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2011-07-21· cited 55×
• Flores v. State
  Court of Appeals of Texas· 2016-11-29· cited 45×
• Michael James Reed, Jr. v. State
  Tex. App. Ct., 10th Dist. (Waco)· 2013-09-05· cited 34×
• Karl Dean Stahmann v. State
  Tex. App. Ct., 13th Dist.· 2018-01-04· cited 31×
• Jon Thomas Ford v. State
  Tex. App. Ct., 4th Dist. (San Antonio)· 2014-08-20· cited 28×
• Juan Rodriguez v. State
  Tex. App. Ct., 4th Dist. (San Antonio)· 2014-08-29· cited 20×
• Barrington J. Thompson v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2012-11-08· cited 20×
• Larry Paul Hollaway A/K/A Larry Paul Holloway v. State
  Tex. App. Ct., 6th Dist. (Texarkana)· 2014-10-01· cited 14×
• Ignacio Martin Gonzalez v. State
  Court of Appeals of Texas· 2014-12-17· cited 14×
• Javier Noel Campos v. State
  Court of Appeals of Texas· 2015-01-16· cited 14×
• Cavin Anthony Ludwig v. State
  Tex. App. Ct., 7th Dist. (Amarillo)· 2014-03-18· cited 11×
• Gilbert v. State
  Court of Appeals of Texas· 2016-03-08· cited 11×
• James Howard Taylor v. State
  Tex. App. Ct., 7th Dist. (Amarillo)· 2014-08-08· cited 8×
• Tywron Pierre Thomas A/K/A Tyrone Pierre Thomas v. State
  Court of Appeals of Texas· 2015-03-26· cited 7×
• Samson Perez Casiano v. State
  Court of Appeals of Texas· 2015-02-10· cited 3×
• Mario Ballestero Campos v. State
  Tex. App. Ct., 7th Dist. (Amarillo)· 2015-08-26· cited 3×
• Trent Archie v. State
  Tex. App. Ct., 10th Dist. (Waco)· 2011-12-07· cited 1×

Cites

15 cases in this archive are cited by this case.

• Brooks v. State
  Court of Criminal Appeals of Texas· 2010-10-06· cited 6,365×
• Mosley v. State
  Court of Criminal Appeals of Texas· 1998-07-01· cited 2,969×
• Hawkins v. State
  Court of Criminal Appeals of Texas· 2004-05-19· cited 1,320×
• Archie v. State
  Court of Criminal Appeals of Texas· 2007-05-02· cited 684×
• Young v. State
  Court of Criminal Appeals of Texas· 2004-06-09· cited 598×
• Gardner v. State
  Court of Criminal Appeals of Texas· 1987-03-25· cited 509×
• Bustamante v. State
  Court of Criminal Appeals of Texas· 2001-06-13· cited 419×
• Smith v. State
  Court of Criminal Appeals of Texas· 2011-02-02· cited 347×
• Canales v. State
  Court of Criminal Appeals of Texas· 2003-01-15· cited 306×
• Cruz v. State
  Court of Criminal Appeals of Texas· 2007-06-06· cited 223×
• Bird v. State
  Court of Criminal Appeals of Texas· 1975-10-08· cited 140×
• Bingham v. State
  Court of Criminal Appeals of Texas· 1995-11-15· cited 131×
• Bingham v. State
  Court of Criminal Appeals of Texas· 1999-01-27· cited 120×
• Hicks v. State
  Court of Criminal Appeals of Texas· 1975-07-16· cited 90×
• Archie v. State
  Tex. App. Ct., 10th Dist. (Waco)· 2010-01-19· cited 4×