Garcia 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 State’s failure to comply with outcry notice requirements was waived by appellant’s failure to raise objection on these grounds at trial
• holding that an indictment need not specify the precise date when the charged offense occurred because time usually is not a material element of an offense
• holding that (1) time is not material element of offense, (2) primary purpose of specifying date in indictment is not to notify accused of date of offense but rather to show prosecution not barred by statute of limitations, and (3
• noting that the State may use an “on or about” date if it does not know the precise or even approximate date that the offense occurred
• noting that the State may use an A on or about @ date if it does not know the precise or even approximate date that the offense occurred
• explaining that time is not a material element of an offense, and, in some cases, it is impossible for the State to know precisely, or even approximately, when the charged offense occurred

Source: CourtListener parenthetical corpus (CC0).

Cited by

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

• Bargas v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2008-05-13· cited 283×
• Riney v. State
  Court of Criminal Appeals of Texas· 2000-10-04· cited 260×
• Dixon v. State
  Court of Criminal Appeals of Texas· 2006-09-13· cited 187×
• Phillips v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2004-02-26· cited 141×
• Jose Marvin Martinez v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2011-06-23· cited 112×
• Zarco v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2006-12-21· cited 103×
• Smith v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2011-03-10· cited 86×
• Baker v. State
  Tex. App. Ct., 6th Dist. (Texarkana)· 1998-12-30· cited 72×
• Cass Anova BROWN, Appellant, v. STATE of Texas, Appellee
  Tex. App. Ct., 11th Dist. (Eastland)· 2012-06-28· cited 71×
• Flores v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2000-12-14· cited 66×
• Luis Arnaldo Baez v. State
  Tex. App. Ct., 4th Dist. (San Antonio)· 2015-10-14· cited 65×
• Kylie Lorraine Michell A/K/A Kylie Brown v. State of Texas
  Tex. App. Ct., 11th Dist. (Eastland)· 2012-06-28· cited 57×
• Hiatt v. State
  Tex. App. Ct., 4th Dist. (San Antonio)· 2010-09-15· cited 53×
• Sanchez v. State
  Tex. App. Ct., 4th Dist. (San Antonio)· 2005-10-12· cited 49×
• Lane v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2005-09-15· cited 44×
• State v. Goldsberry
  Tex. App. Ct., 1st Dist. (Houston)· 2000-03-10· cited 41×
• Ketchum v. State
  Tex. App. Ct., 13th Dist.· 2006-08-10· cited 38×
• Wilson v. State
  Tex. App. Ct., 10th Dist. (Waco)· 1999-10-06· cited 30×
• Perez v. State
  Court of Criminal Appeals of Texas· 2014-05-14· cited 30×
• Ahmad v. State
  Court of Appeals of Texas· 2009-08-26· cited 28×

Cites

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

• Pointer v. Texas
  Supreme Court· 1965-04-05· cited 4,761×
• Hamling v. United States
  Supreme Court· 1974-10-15· cited 2,897×
• Sledge v. State
  Court of Criminal Appeals of Texas· 1997-09-10· cited 527×
• Vernon v. State
  Court of Criminal Appeals of Texas· 1992-11-04· cited 493×
• Bynum v. State
  Court of Criminal Appeals of Texas· 1989-02-15· cited 394×
• Thomas v. State
  Court of Criminal Appeals of Texas· 1988-06-22· cited 232×
• Eastep v. State
  Court of Criminal Appeals of Texas· 1997-02-05· cited 180×
• Scoggan v. State
  Court of Criminal Appeals of Texas· 1990-11-28· cited 160×
• Ex Parte Goodbread
  Court of Criminal Appeals of Texas· 1998-03-25· cited 160×
• Luna v. State
  Court of Criminal Appeals of Texas· 1973-04-04· cited 98×
• Mireles v. State
  Court of Criminal Appeals of Texas· 1995-05-24· cited 90×
• Wilson v. State
  Court of Criminal Appeals of Texas· 1975-03-26· cited 67×
• Moore v. State
  Court of Criminal Appeals of Texas· 1971-12-07· cited 47×
• Voelkel v. State
  Court of Criminal Appeals of Texas· 1973-11-21· cited 47×
• McElroy v. State
  Court of Criminal Appeals of Texas· 1986-09-17· cited 44×
• O'Connell v. State
  Texas Supreme Court· 1857-07-01· cited 40×
• Mitchell v. State
  Court of Criminal Appeals of Texas· 1959-11-04· cited 39×
• Gaines v. State
  Court of Criminal Appeals of Texas· 1973-11-21· cited 37×
• Garcia v. State
  Tex. App. Ct., 13th Dist.· 1995-08-24· cited 28×
• State v. Elliot
  Texas Supreme Court· 1871-07-01· cited 16×