Butler 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 defendant carried his burden of proving prejudice where alibi witnesses actually testified at the motion for new trial hearing, setting forth exculpatory evidence they could have offered had counsel called them to testify
• holding counsel = s representation deficient where counsel failed to seek out and interview an alibi witness as well as two eyewitnesses who could testify to misidentification
• holding defendant carried burden of proving prejudice where witnesses testified at motion for new trial hearing, setting forth exculpatory evidence they could have offered had counsel properly investigated defendant’s case
• holding defendant carried burden of proving prejudice where witnesses testified at motion for new trial hearing, setting forth exculpatory evidence they could have offered had counsel properly investigated defendant’s case
• holding counsel ineffective in making no effort at all to investigate possible alibi witness
• providing that the failure to call witnesses does not constitute ineffective assistance of counsel without a showing that the witnesses were available to testify and that their testimony would have benefitted the defendant

Source: CourtListener parenthetical corpus (CC0).

Cited by

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

• Reyes v. State
  Court of Criminal Appeals of Texas· 1993-02-03· cited 695×
• Heiselbetz v. State
  Court of Criminal Appeals of Texas· 1995-09-20· cited 653×
• Perez v. State
  Court of Criminal Appeals of Texas· 2010-05-26· cited 560×
• Ex Parte Welborn
  Court of Criminal Appeals of Texas· 1990-03-14· cited 509×
• Wilkerson v. State
  Court of Criminal Appeals of Texas· 1986-05-14· cited 435×
• Ex Parte Kunkle
  Court of Criminal Appeals of Texas· 1993-02-03· cited 305×
• Ex Parte Cruz
  Court of Criminal Appeals of Texas· 1987-10-28· cited 302×
• Butler v. State
  Court of Criminal Appeals of Texas· 1994-03-09· cited 263×
• Solis v. State
  Court of Criminal Appeals of Texas· 1990-06-27· cited 221×
• Calderon v. State
  Tex. App. Ct., 8th Dist. (El Paso)· 1997-05-08· cited 128×
• Cate v. State
  Tex. App. Ct., 7th Dist. (Amarillo)· 2004-01-09· cited 119×
• Taylor v. State
  Court of Appeals of Texas· 1997-06-12· cited 96×
• Labib v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2007-08-16· cited 91×
• Anderson v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2006-02-09· cited 72×
• Royerick Washington v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2013-11-19· cited 72×
• Ex Parte Pool
  Court of Criminal Appeals of Texas· 1987-10-07· cited 70×
• Melancon v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2002-02-21· cited 68×
• Jackson v. State
  Court of Criminal Appeals of Texas· 1988-11-23· cited 66×
• Rangel v. State
  Tex. App. Ct., 13th Dist.· 1998-08-06· cited 61×
• MacRi v. State
  Tex. App. Ct., 4th Dist. (San Antonio)· 2000-04-19· cited 57×

Cites

14 cases in this archive are cited by this case.

• Strickland v. Washington
  Supreme Court· 1984-06-25· cited 123,578×
• United States v. Cronic
  Supreme Court· 1984-05-14· cited 6,497×
• Powell v. Alabama
  Supreme Court· 1932-11-07· cited 4,979×
• Ex Parte Duffy
  Court of Criminal Appeals of Texas· 1980-10-01· cited 683×
• King v. State
  Court of Criminal Appeals of Texas· 1983-04-06· cited 447×
• Edward Morgan MacKenna v. O. B. Ellis, Director, Texas Department of Corrections
  Fifth Circuit· 1960-06-22· cited 420×
• Hawkins v. State
  Court of Criminal Appeals of Texas· 1983-10-19· cited 351×
• James Nealy v. Donald A. Cabana, Superintendent of Mississippi State Penitentiary
  Fifth Circuit· 1985-07-12· cited 152×
• Ex Parte Ewing
  Court of Criminal Appeals of Texas· 1978-09-20· cited 151×
• Ex Parte Lilly
  Court of Criminal Appeals of Texas· 1983-09-14· cited 74×
• Ex Parte Raborn
  Court of Criminal Appeals of Texas· 1983-10-26· cited 72×
• Flores v. State
  Court of Criminal Appeals of Texas· 1978-12-20· cited 46×
• Caraway v. State
  Court of Criminal Appeals of Texas· 1967-06-14· cited 39×
• Chambers v. State
  Court of Criminal Appeals of Texas· 1980-07-16· cited 24×