Hernandez v. State

How courts have described this case

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

• stating that juries should hot consider evidence that depends on mere sympathy or emotional response in' de•termining a defendant's death worthiness
• stating that a trial court abuses its discretion when its decision falls outside the zone of reasonable disagreement
• stating that “it is only when there is a clear disparity between the degree of prejudice of the offered evidence and its probative value that Rule 403 is applicable”
• noting that restricting potentially confusing or misleading questions is within trial court’s discretion
• holding question was improper commitment question because it sought a “yes” or “no” answer and committed the prospective juror to a determination of whether a particular circumstance, being abused as a child, was mitigating
• “Whether a juror considers a particular type of evidence to be mitigating is not a proper area of inquiry.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

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

• Nava, Andres Maldonado
  Court of Criminal Appeals of Texas· 2013-12-18· cited 526×
• Jenkins v. State
  Court of Criminal Appeals of Texas· 2016-06-29· cited 377×
• Cathey, Eric Dewayne
  Court of Criminal Appeals of Texas· 2014-11-05· cited 34×
• Jacobs v. State
  Court of Criminal Appeals of Texas· 2018-10-10· cited 34×
• Lamerand v. State
  Court of Appeals of Texas· 2018-01-11· cited 31×
• Gary James Cox v. State
  Court of Appeals of Texas· 2016-08-11· cited 17×
• Willie Dan Majors, III v. State
  Tex. App. Ct., 10th Dist. (Waco)· 2018-07-25· cited 13×
• Joshua Evans v. State
  Tex. App. Ct., 10th Dist. (Waco)· 2013-08-22· cited 10×
• Stanley Lucius Atnipp v. State
  Tex. App. Ct., 11th Dist. (Eastland)· 2017-04-20· cited 7×
• Goulding v. the State
  Court of Appeals of Georgia· 2015-11-23· cited 3×
• Reginald Reece v. State
  Tex. App. Ct., 6th Dist. (Texarkana)· 2015-09-03· cited 3×
• Johnny Esparza v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2014-08-20
• in Re Commitment of Thomas Lee Roberts
  Tex. App. Ct., 1st Dist. (Houston)· 2014-09-25
• David Loven v. State
  Tex. App. Ct., 4th Dist. (San Antonio)· 2014-10-15
• Ernesto Alexander Hernandez v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2014-12-31
• Ernest Rene Luna v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2015-01-19
• Mark Vernon Moore v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2015-03-23
• Michael Patrick Kennedy v. State
  Tex. App. Ct., 13th Dist.· 2015-06-11
• Robert Munoz v. State
  Tex. App. Ct., 11th Dist. (Eastland)· 2015-07-01
• Brown, Micah Crofford
  Court of Criminal Appeals of Texas· 2015-09-16

Cites

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

• Montgomery v. State
  Court of Criminal Appeals of Texas· 1991-06-19· cited 7,264×
• Witherspoon v. Illinois
  Supreme Court· 1968-06-03· cited 4,818×
• Wainwright v. Witt
  Supreme Court· 1985-01-21· cited 3,997×
• Eddings v. Oklahoma
  Supreme Court· 1982-01-19· cited 3,271×
• Penry v. Lynaugh
  Supreme Court· 1989-06-26· cited 2,957×
• Luce v. United States
  Supreme Court· 1984-12-10· cited 2,427×
• Estelle v. Smith
  Supreme Court· 1981-05-18· cited 2,053×
• Tennard v. Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions Division
  Supreme Court· 2004-06-24· cited 1,965×
• Adams v. Texas
  Supreme Court· 1980-06-25· cited 1,718×
• Salazar v. State
  Court of Criminal Appeals of Texas· 2001-01-17· cited 1,016×
• Casey v. State
  Court of Criminal Appeals of Texas· 2007-02-28· cited 971×
• Lagrone v. State
  Court of Criminal Appeals of Texas· 1997-02-05· cited 911×
• Martinez v. State
  Court of Criminal Appeals of Texas· 2010-12-15· cited 763×
• Prystash v. State
  Court of Criminal Appeals of Texas· 1999-09-15· cited 668×
• Davis v. State
  Court of Criminal Appeals of Texas· 2010-09-29· cited 653×
• Standefer v. State
  Court of Criminal Appeals of Texas· 2001-10-31· cited 451×
• Goff v. State
  Court of Criminal Appeals of Texas· 1996-05-22· cited 405×
• Barajas v. State
  Court of Criminal Appeals of Texas· 2002-06-26· cited 390×
• Howard v. State
  Court of Criminal Appeals of Texas· 1996-12-18· cited 341×
• Busby v. State
  Court of Criminal Appeals of Texas· 2008-05-14· cited 288×