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.

• holding that “all of the evidence that was before the trial court before it made its ruling should be available to, and considered by, the reviewing court” on appeal
• holding that appellate 3 The State also argues that Article 39.14(k
• explaining that “we do not see any reason to treat a review of a ruling pursuant to Article 64.04 differently than a ruling pursuant to Article 64.03”
• explaining that “we do not see any reason to treat a review of a ruling pursuant to Article 64.04 differently than a ruling pursuant to Article 64.03”
• instructing appellate courts that in reviewing a trial court’s article 64.04 finding, we review the entire record to determine whether appellant established that he would not have been convicted
• “[W]e do not see any reason to treat a review of a ruling pursuant to Article 64.04 differently than a ruling pursuant to Article 64.03.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

20 cases in this archive cite this case.

• Dunning v. State
  Court of Criminal Appeals of Texas· 2019-04-03· cited 35×
• LaRue v. State
  Court of Criminal Appeals of Texas· 2017-05-17· cited 22×
• Johnnie Dunning v. State
  Tex. App. Ct., 2nd Dist. (Fort Worth)· 2018-03-01· cited 1×
• Damon Lavelle Asberry v. State
  Tex. App. Ct., 10th Dist. (Waco)· 2017-01-18
• Dror Haim Goldberg v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2017-10-24
• State v. Joe D. Bryan
  Tex. App. Ct., 11th Dist. (Eastland)· 2019-08-30
• State v. Joe D. Bryan
  Tex. App. Ct., 11th Dist. (Eastland)· 2019-11-27
• Roger Eugene Fain v. State
  Tex. App. Ct., 2nd Dist. (Fort Worth)· 2019-12-19
• Benjamin Alan Morrison v. State
  Tex. App. Ct., 10th Dist. (Waco)· 2020-02-19
• Allen Latoi Story v. State
  Tex. App. Ct., 10th Dist. (Waco)· 2020-02-26
• Michael Joseph Gowan v. State
  Tex. App. Ct., 2nd Dist. (Fort Worth)· 2020-04-23
• Maurice Glenn Willis Sr. v. State
  Tex. App. Ct., 2nd Dist. (Fort Worth)· 2020-10-22
• Gerald Sherard v. the State of Texas
  Tex. App. Ct., 2nd Dist. (Fort Worth)· 2021-05-13
• Kristopher Kyle Russell v. the State of Texas
  Tex. App. Ct., 2nd Dist. (Fort Worth)· 2021-05-20
• Melvin Auston v. the State of Texas
  Tex. App. Ct., 3rd Dist. (Austin)· 2021-08-11
• Earnest James Dudley v. the State of Texas
  Tex. App. Ct., 1st Dist. (Houston)· 2021-10-19
• Luzalbert Hernandez v. the State of Texas
  Tex. App. Ct., 13th Dist.· 2022-02-03
• in Re Keith Taylor
  Tex. App. Ct., 3rd Dist. (Austin)· 2022-10-27
• Paige Louis Molish v. the State of Texas
  Tex. App. Ct., 7th Dist. (Amarillo)· 2023-07-31
• IRVAN, WILLIAM DARIN v. the State of Texas
  Court of Criminal Appeals of Texas· 2026-02-12

Cites

8 cases in this archive are cited by this case.

• Ex Parte Gutierrez
  Court of Criminal Appeals of Texas· 2011-05-04· cited 235×
• Smith v. State
  Court of Criminal Appeals of Texas· 2005-06-15· cited 204×
• Jacobs v. State
  Tex. App. Ct., 6th Dist. (Texarkana)· 2003-11-05· cited 44×
• Davis v. State
  Tex. App. Ct., 10th Dist. (Waco)· 2009-07-15· cited 44×
• Frank v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2006-04-05· cited 17×
• Cate v. State
  Tex. App. Ct., 7th Dist. (Amarillo)· 2010-11-30· cited 15×
• Roy Dale Glover v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2014-09-25· cited 12×
• Flores v. State
  Court of Appeals of Texas· 2004-09-22· cited 4×