Ex Parte Gibauitch

How courts have described this case

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

• holding that [w]hen the record shows that the trial court gave an incomplete or incorrect admonishment, there is a prima facie showing that the defendant made a knowing and voluntary plea of guilty . ”
• holding that the mere assertion that a defendant might have requested a jury trial had the proper range of punishment been given does not demonstrate harm for the purpose of establishing that the plea was involuntary or unknowing, especially when there is no plea bargain
• holding that the mere assertion that a defendant might have requested a jury trial had the proper range of punishment been given does not demonstrate harm for the purpose of establishing that the plea was involuntary or unknowing, especially when there is no plea bargain
• holding that the mere assertion that a defendant might have requested a jury trial had the proper range of punishment been given does not demonstrate harm for the purpose of establishing that the plea was involuntary or unknowing, especially when there is no plea bargain
• holding that the mere assertion that a defendant might have requested a jury trial had the proper range of punishment been given does not demonstrate harm for the purpose of establishing that the plea was involuntary or unknowing, especially when there is no plea bargain
• appellant’s decision to plead guilty openly was not affected by incorrect admonishment on range of punishment where no plea bargain agreement on punishment was involved

Source: CourtListener parenthetical corpus (CC0).

Cited by

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

• Martinez v. State
  Court of Criminal Appeals of Texas· 1998-12-09· cited 543×
• Aguirre-Mata v. State
  Court of Criminal Appeals of Texas· 2003-05-14· cited 212×
• Robinson v. State
  Court of Criminal Appeals of Texas· 1987-09-16· cited 150×
• Kirk v. State
  Tex. App. Ct., 5th Dist. (Dallas)· 1997-07-02· cited 141×
• Ex Parte Evans
  Court of Criminal Appeals of Texas· 1985-05-22· cited 136×
• Hughes v. State
  Court of Criminal Appeals of Texas· 1992-06-17· cited 84×
• Jones v. State
  Court of Appeals of Texas· 1998-02-19· cited 67×
• Lemmons v. State
  Court of Appeals of Texas· 2004-03-25· cited 67×
• Dorsey v. State
  Tex. App. Ct., 13th Dist.· 2001-09-13· cited 61×
• Pena v. State
  Tex. App. Ct., 13th Dist.· 2004-04-08· cited 50×
• Eatmon v. State
  Court of Criminal Appeals of Texas· 1989-04-19· cited 46×
• George v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2000-03-30· cited 43×
• Harling v. State
  Tex. App. Ct., 4th Dist. (San Antonio)· 1995-08-23· cited 43×
• Grays v. State
  Tex. App. Ct., 5th Dist. (Dallas)· 1994-10-17· cited 38×
• Sims v. State
  Tex. App. Ct., 1st Dist. (Houston)· 1990-01-11· cited 38×
• Davis v. State
  Tex. App. Ct., 1st Dist. (Houston)· 1999-12-09· cited 36×
• Myers v. State
  Court of Appeals of Texas· 1989-10-17· cited 31×
• Garcia v. State
  Tex. App. Ct., 13th Dist.· 1994-05-12· cited 30×
• Foster v. State
  Tex. App. Ct., 9th Dist. (Beaumont)· 1991-10-02· cited 28×
• Smith v. State
  Tex. App. Ct., 5th Dist. (Dallas)· 1993-09-15· cited 27×

Cites

14 cases in this archive are cited by this case.

• Brady v. United States
  Supreme Court· 1970-05-04· cited 7,191×
• Whitten v. State
  Court of Criminal Appeals of Texas· 1979-06-20· cited 142×
• Ex Parte Crisp
  Court of Criminal Appeals of Texas· 1983-09-14· cited 137×
• Ex Parte McAtee
  Court of Criminal Appeals of Texas· 1980-05-28· cited 98×
• DeVary v. State
  Court of Criminal Appeals of Texas· 1981-05-13· cited 93×
• Fuentes v. State
  Court of Criminal Appeals of Texas· 1985-04-17· cited 90×
• Ex Parte Smith
  Court of Criminal Appeals of Texas· 1984-06-13· cited 66×
• Taylor v. State
  Court of Criminal Appeals of Texas· 1981-02-04· cited 51×
• Crisp v. State
  Court of Appeals of Texas· 1983-01-12· cited 36×
• Ex Parte Crisp
  Court of Criminal Appeals of Texas· 1983-12-07· cited 32×
• Uribe v. State
  Court of Criminal Appeals of Texas· 1985-04-17· cited 30×
• Adams v. State
  Tex. App. Ct., 1st Dist. (Houston)· 1982-02-25· cited 11×
• Borrego v. State
  Court of Criminal Appeals of Texas· 1977-04-27· cited 10×
• Hernandez v. State
  Court of Criminal Appeals of Texas· 1984-05-23· cited 6×