Hampton 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 there must be some evidence directly pertaining to the lesser included offense for the jury to consider before an instruction is warranted
• holding that before one is entitled to an instruction on a lesser-included offense, there must be “affirmative” evidence “directly germane” to the existence of the lesser-included offense
• concluding that no affirmative evidence of the lesser-included offense was presented for the jury = s consideration to warrant an instruction when only evidence supporting proposition that no knife was used was the State = s failure to recover a knife
• holding there must be some evidence directly pertaining to lesser-included offense for jury to consider before an instruction warranted
• concluding State’s failure to recover knife was not affirmative evidence supporting contention no knife was used
• holding there must be some evidence directly pertaining to lesser-included offense for jury to consider before an instruction warranted

Source: CourtListener parenthetical corpus (CC0).

Cited by

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

• Madden v. State
  Court of Criminal Appeals of Texas· 2007-12-19· cited 672×
• Hampton v. State
  Court of Criminal Appeals of Texas· 2005-06-22· cited 448×
• Mays v. State
  Court of Criminal Appeals of Texas· 2010-04-28· cited 370×
• Segundo v. State
  Court of Criminal Appeals of Texas· 2008-12-10· cited 348×
• Goad, Joshua Lee
  Court of Criminal Appeals of Texas· 2011-11-09· cited 207×
• Pickens v. State
  Court of Criminal Appeals of Texas· 2005-06-22· cited 152×
• Grey v. State
  Court of Criminal Appeals of Texas· 2009-11-18· cited 150×
• Scott v. State
  Tex. App. Ct., 6th Dist. (Texarkana)· 2006-08-30· cited 112×
• Wood v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2009-11-02· cited 101×
• Dobbins v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2007-05-10· cited 94×
• Jordan v. State
  Court of Appeals of Texas· 2004-06-17· cited 90×
• Hanna v. State
  Court of Criminal Appeals of Texas· 2014-04-09· cited 82×
• Wasylina v. State
  Court of Criminal Appeals of Texas· 2009-01-28· cited 66×
• Shea v. State
  Tex. App. Ct., 10th Dist. (Waco)· 2005-06-14· cited 65×
• Arnold v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2007-06-14· cited 65×
• Wortham, Ronald Eugene Jr.
  Court of Criminal Appeals of Texas· 2013-10-30· cited 62×
• Jones v. State
  Tex. App. Ct., 6th Dist. (Texarkana)· 2007-12-05· cited 56×
• Schmidt v. State
  Court of Criminal Appeals of Texas· 2009-03-11· cited 53×
• Barnett v. State
  Tex. App. Ct., 6th Dist. (Texarkana)· 2011-06-14· cited 51×
• Yanez v. State
  Tex. App. Ct., 13th Dist.· 2006-08-31· cited 45×

Cites

13 cases in this archive are cited by this case.

• Almanza v. State
  Court of Criminal Appeals of Texas· 1985-02-27· cited 6,557×
• Green v. United States
  Supreme Court· 1957-12-16· cited 3,075×
• Wesbrook v. State
  Court of Criminal Appeals of Texas· 2000-09-20· cited 2,816×
• Rousseau v. State
  Court of Criminal Appeals of Texas· 1993-02-24· cited 1,521×
• Medina v. State
  Court of Criminal Appeals of Texas· 1999-10-06· cited 579×
• Mathis v. State
  Court of Criminal Appeals of Texas· 2002-02-13· cited 423×
• Banda v. State
  Court of Criminal Appeals of Texas· 1994-12-14· cited 397×
• Jones v. State
  Court of Criminal Appeals of Texas· 1998-10-28· cited 380×
• Skinner v. State
  Court of Criminal Appeals of Texas· 1997-05-21· cited 330×
• Arevalo v. State
  Court of Criminal Appeals of Texas· 1997-03-19· cited 252×
• Charlton v. Board of Attorneys Professional Responsibility
  Supreme Court· 1993-10-12· cited 215×
• Foster v. Neal
  Supreme Court· 2001-03-26· cited 140×
• Hampton v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2001-12-06· cited 14×