Barnett 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 the trial court did not abuse its discretion in denying a motion for mistrial when appellant only moved for mistrial without requesting the lesser alternative of jury questioning to prove jury misconduct
• holding that coercion existed because trial court singled out two holdout jurors, informed them that it “had a problem” with them, and asked them if they could change their votes if sent back to deliberate further
• holding that coercion existed because trial court singled 4 out two holdout jurors, informed them that it ―had a problem‖ with them, and asked them if they could change their votes if sent back to deliberate further
• finding coercion where the trial court extensively polled the jury regarding the lack of unanimity and told two hold-out jurors it had a “problem” with them
• noting principle that briefs should be liberally construed to serve the interests of justice
• listing factors 3, 4, and 11, but focusing on factors 9 and 10

Source: CourtListener parenthetical corpus (CC0).

Cited by

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

• Ocon v. State
  Court of Criminal Appeals of Texas· 2009-06-03· cited 525×
• Barnett v. State
  Court of Criminal Appeals of Texas· 2006-03-08· cited 137×
• Walker v. State
  Court of Appeals of Texas· 2009-10-01· cited 83×
• Rosales v. State
  Court of Appeals of Texas· 2018-04-19· cited 37×
• Nancy Willis Benefield v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2012-11-08· cited 14×
• Brad Lyle Bokemeyer v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2011-05-12· cited 12×
• Fredy Perez v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2015-07-13
• Teddy Ogilvie Norman v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2009-11-12
• Jasquin L. Ball v. State
  Tex. App. Ct., 2nd Dist. (Fort Worth)· 2007-09-17
• James Earl Starnes v. State
  Tex. App. Ct., 2nd Dist. (Fort Worth)· 2007-05-10
• Richard Lee Davidson v. State
  Tex. App. Ct., 2nd Dist. (Fort Worth)· 2007-02-08
• Korey Demaine Walker v. State
  Tex. App. Ct., 2nd Dist. (Fort Worth)· 2009-10-01
• Kenneth Kohler v. M & M Truck Conversions
  Tex. App. Ct., 2nd Dist. (Fort Worth)· 2009-08-21
• Luther Ben Long v. State
  Tex. App. Ct., 2nd Dist. (Fort Worth)· 2009-05-14
• Reginal Wayne Young v. State
  Tex. App. Ct., 7th Dist. (Amarillo)· 2006-09-28
• Barnett, Gary Michael
  Court of Criminal Appeals of Texas· 2006-03-08
• Ocon, Johnny Ray
  Court of Criminal Appeals of Texas· 2009-06-03
• Bess, Donald Andrew, Jr.
  Court of Criminal Appeals of Texas· 2013-03-06
• Pedro Trejo v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2011-08-11
• Christian Dion Black v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2015-05-07

Cites

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

• Montgomery v. State
  Court of Criminal Appeals of Texas· 1991-06-19· cited 7,264×
• Almanza v. State
  Court of Criminal Appeals of Texas· 1985-02-27· cited 6,557×
• Mosley v. State
  Court of Criminal Appeals of Texas· 1998-07-01· cited 2,969×
• Ladd v. State
  Court of Criminal Appeals of Texas· 1999-10-06· cited 1,900×
• Guevara v. State
  Court of Criminal Appeals of Texas· 2004-10-20· cited 1,613×
• Hutch v. State
  Court of Criminal Appeals of Texas· 1996-04-03· cited 1,524×
• Lowenfield v. Phelps
  Supreme Court· 1988-03-07· cited 1,385×
• Lagrone v. State
  Court of Criminal Appeals of Texas· 1997-02-05· cited 911×
• Blue v. State
  Court of Criminal Appeals of Texas· 2000-12-13· cited 616×
• Young v. State
  Court of Criminal Appeals of Texas· 2004-06-09· cited 598×
• Sledge v. State
  Court of Criminal Appeals of Texas· 1997-09-10· cited 527×
• Huizar v. State
  Court of Criminal Appeals of Texas· 2000-02-23· cited 526×
• Jenkins v. United States
  Supreme Court· 1965-04-05· cited 459×
• Howard v. State
  Court of Criminal Appeals of Texas· 1996-12-18· cited 341×
• Bluitt v. State
  Court of Criminal Appeals of Texas· 2004-06-09· cited 286×
• West v. State
  Court of Appeals of Texas· 2003-10-02· cited 239×
• State v. Bates
  Court of Criminal Appeals of Texas· 1994-12-14· cited 218×
• Eisenhauer v. State
  Court of Criminal Appeals of Texas· 1988-03-23· cited 175×
• Franklin v. State
  Court of Criminal Appeals of Texas· 2004-06-30· cited 161×
• Crawford v. State
  Court of Criminal Appeals of Texas· 1985-09-25· cited 125×