Cherry v. State

How courts have described this case

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

• During the guilt-innocence phase of the trial, appealing to the jury that its job is to determine punishment is \a totally improper line of argument to pursue at the guilt/innocence stage of the proceedings.\
• “[W]hen the word ‘I’ is used in reference to something the defendant might have testified to, but did not, it is illogical to think that the jury is not reminded of the defendant’s failure to testify.”
• A [W]hen the word > I = is used in reference to something the defendant might have testified to, but did not, it is illogical to think that the jury is not reminded of the defendant = s failure to testify. @

Source: CourtListener parenthetical corpus (CC0).

Cited by

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

• Montoya v. State
  Court of Criminal Appeals of Texas· 1987-10-28· cited 306×
• Cruz v. State
  Court of Criminal Appeals of Texas· 2007-06-06· cited 223×
• Mann v. State
  Court of Criminal Appeals of Texas· 1986-10-22· cited 151×
• Bird v. State
  Court of Criminal Appeals of Texas· 1975-10-08· cited 140×
• Garrett v. State
  Court of Criminal Appeals of Texas· 1982-05-12· cited 113×
• Wright v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2005-11-17· cited 71×
• McClure v. State
  Court of Criminal Appeals of Texas· 1976-09-20· cited 66×
• Brock v. State
  Court of Criminal Appeals of Texas· 1977-06-14· cited 61×
• Cook v. State
  Court of Criminal Appeals of Texas· 1984-06-20· cited 56×
• Kelly v. State
  Tex. App. Ct., 5th Dist. (Dallas)· 1995-10-04· cited 34×
• De Los Santos v. State
  Tex. App. Ct., 4th Dist. (San Antonio)· 1996-02-14· cited 34×
• Russell v. State
  Tex. App. Ct., 9th Dist. (Beaumont)· 2009-05-13· cited 29×
• State v. Lemon
  Supreme Court of Connecticut· 1999-05-18· cited 22×
• Scott v. State
  Court of Appeals of Texas· 1993-12-15· cited 21×
• Hodge v. State
  Tex. App. Ct., 11th Dist. (Eastland)· 1997-02-06· cited 20×
• Atwood v. State
  Court of Criminal Appeals of Texas· 1976-06-16· cited 9×
• Marable v. State
  Court of Appeals of Texas· 1991-04-17· cited 7×
• Peters v. State
  Court of Appeals of Texas· 1983-03-10· cited 4×
• Cockerham v. State
  Court of Appeals of Texas· 1985-12-19· cited 4×
• Solis v. State
  Court of Appeals of Texas· 1986-10-07· cited 3×

Cites

2 cases in this archive are cited by this case.

• Turner v. State
  Court of Criminal Appeals of Texas· 1974-02-06· cited 42×
• Yates v. State
  Court of Criminal Appeals of Texas· 1972-11-15· cited 22×