Asberry v. State

How courts have described this case

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

• noting that a jury’s deadly-weapon finding is an affirmative finding affecting parole eligibility and involving punishment that shall be entered in the judgment
• agreeing with Asberry regarding appellate courts’ authority to reform judgments and adopting Asberry’s reasoning
• in absence of appropriate Rule 404(b) objection in trial court nothing is preserved for appellate review
• in absence of appropriate Rule 404(b) objection in trial court nothing is preserved for appellate review
• “Appellate courts have frequently reformed judgments to correct improper recitations or omissions relating to punishment.”
• appellate court has authority to sua sponte modify incorrect judgment to make record speak the truth when it has necessary information to do so

Source: CourtListener parenthetical corpus (CC0).

Cited by

1,368 cases in this archive cite this case; the 20 most cited are listed.

• Bigley v. State
  Court of Criminal Appeals of Texas· 1993-06-16· cited 1,789×
• French v. State
  Court of Criminal Appeals of Texas· 1992-05-13· cited 789×
• Jeffery v. State
  Tex. App. Ct., 5th Dist. (Dallas)· 1995-03-24· cited 710×
• Joseph v. State
  Tex. App. Ct., 14th Dist. (Houston)· 1999-09-23· cited 226×
• Nolan v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2001-02-15· cited 195×
• Rhoten v. State
  Tex. App. Ct., 6th Dist. (Texarkana)· 2009-10-16· cited 184×
• Smith v. State
  Tex. App. Ct., 5th Dist. (Dallas)· 2005-12-12· cited 126×
• McGill v. State
  Tex. App. Ct., 5th Dist. (Dallas)· 2006-08-22· cited 92×
• Owens v. State
  Court of Appeals of Texas· 2017-11-22· cited 89×
• McClinton v. State
  Court of Criminal Appeals of Texas· 2003-12-10· cited 80×
• Abron v. State
  Tex. App. Ct., 5th Dist. (Dallas)· 1998-11-30· cited 76×
• Martinez v. State
  Tex. App. Ct., 5th Dist. (Dallas)· 1992-09-30· cited 73×
• Cobb v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2002-12-27· cited 71×
• Estrada v. State
  Tex. App. Ct., 5th Dist. (Dallas)· 2009-02-26· cited 70×
• Anthony v. State
  Court of Appeals of Texas· 2016-06-22· cited 68×
• Tyler v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2004-04-15· cited 65×
• Ramirez v. State
  Tex. App. Ct., 7th Dist. (Amarillo)· 2011-03-24· cited 60×
• Edwards v. State
  Court of Appeals of Texas· 2016-06-16· cited 57×
• Sunday Agbogwe v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2013-08-29· cited 52×
• Coleman v. Sopher
  West Virginia Supreme Court· 1997-12-18· cited 51×

Other cases named Asberry v. State

16 other CourtListener records share this case name.

• Asberry v. State
  Court of Criminal Appeals of Texas· 2016-12-07· cited 21×
• Asberry v. State
  Court of Appeals of Georgia· 1996-01-30· cited 8×
• Asberry v. State
  Court of Criminal Appeals of Oklahoma· 1977-05-17· cited 8×
• Asberry v. State
  Court of Appeals of Georgia· 1996-06-21· cited 5×
• Asberry v. State
  Court of Appeals of Georgia· 1977-04-19· cited 4×
• Asberry v. State
  Court of Appeals of Georgia· 1989-11-28· cited 4×
• Asberry v. State
  District Court of Appeal of Florida· 2010-04-07· cited 4×
• Asberry v. State
  District Court of Appeal of Florida· 2009-03-26· cited 1×
• Asberry v. State
  District Court of Appeal of Florida· 1990-10-10· cited 1×
• Asberry v. State
  District Court of Appeal of Florida· 2010-05-10
• Asberry v. State
  Court of Criminal Appeals of Texas· 1955-05-11
• Asberry v. State
  Court of Criminal Appeals of Texas· 1957-01-30
• Asberry v. State
  Court of Criminal Appeals of Texas· 1957-01-30
• Asberry v. State
  District Court of Appeal of Florida· 2019-03-05
• Asberry v. State
  District Court of Appeal of Florida· 2019-03-05
• Asberry v. State
  District Court of Appeal of Florida· 1995-06-06