Hicks 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 reckless aggravated assault is a lesser-included offense of intentional or knowing aggravated assault
• holding reckless bodily injury to a child is a lesser-included offense of intentional or knowing bodily injury to a child
• explaining that conviction cannot be based on less culpable mental state than alleged in indictment, but may use less culpable mental state for lesser-included offense
• reasoning that a \reckless\ assault is a lesser-included offense of a \knowing\ assault
• holding separate instruction of aggravated assault by recklessly causing bodily injury was proper when 14 defendant was charged with aggravated assault by intentionally or knowingly using a deadly weapon
• noting that for purposes of jury unanimity in this context, “the three culpable mental states are ‘conceptually equivalent’ because proof of the greater culpable mental state is necessarily proof of the lesser ones”

Source: CourtListener parenthetical corpus (CC0).

Cited by

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

• Celis, Mauricio Rodriguez
  Court of Criminal Appeals of Texas· 2013-05-15· cited 191×
• Wortham, Ronald Eugene Jr.
  Court of Criminal Appeals of Texas· 2013-10-30· cited 62×
• Brandon Lynn Darkins v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2014-04-29· cited 60×
• Fang v. State
  Court of Appeals of Texas· 2018-03-29· cited 33×
• Kolb v. State
  Court of Appeals of Texas· 2017-04-06· cited 12×
• Louis Stredic v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2015-06-18
• Victor Madugba v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2013-10-16
• Dexter Lopez v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2013-11-05
• Jeffery Neil Malnar, Jr. v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2013-04-18
• Narada Hicks v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2012-08-14
• Paul Irwin Jackson v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2012-08-09
• David Paul Brown v. State
  Tex. App. Ct., 13th Dist.· 2013-09-05
• Ruiz, Antonio Mejia
  Court of Appeals of Texas· 2015-08-11
• Ruiz, Antonio Mejia
  Court of Appeals of Texas· 2015-07-30
• Joseph Prestiano v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2019-08-20
• Jacolby Marquan Hill v. State
  Tex. App. Ct., 5th Dist. (Dallas)· 2020-05-05
• Gonzalez, Victor Ortiz
  Court of Criminal Appeals of Texas· 2020-10-28
• Sergio Martinez Junior v. the State of Texas
  Tex. App. Ct., 14th Dist. (Houston)· 2021-09-14
• Kaleb Ray Eisenmann v. the State of Texas
  Tex. App. Ct., 2nd Dist. (Fort Worth)· 2023-06-01
• Oscar Osvaldo Barajas Jr. A/K/A Oscar Osvaldo Barajas v. the State of Texas
  Tex. App. Ct., 13th Dist.· 2023-07-13

Cites

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

• Stuhler v. State
  Court of Criminal Appeals of Texas· 2007-01-24· cited 526×
• Landrian v. State
  Court of Criminal Appeals of Texas· 2008-10-08· cited 344×
• Hampton v. State
  Court of Criminal Appeals of Texas· 2003-07-02· cited 297×
• Flores v. State
  Court of Criminal Appeals of Texas· 2008-02-13· cited 188×
• Grey v. State
  Court of Criminal Appeals of Texas· 2009-11-18· cited 150×
• Wasylina v. State
  Court of Criminal Appeals of Texas· 2009-01-28· cited 66×
• Reed v. State
  Court of Criminal Appeals of Texas· 2003-05-14· cited 61×
• Nejnaoui v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2001-05-03· cited 56×
• Stockton v. State
  Court of Appeals of Texas· 1988-09-07· cited 54×
• Mills v. State
  Tex. App. Ct., 5th Dist. (Dallas)· 1987-12-18· cited 51×
• Rocha v. State
  Court of Criminal Appeals of Texas· 1983-04-13· cited 42×
• Mendoza v. State
  Tex. App. Ct., 10th Dist. (Waco)· 1997-12-10· cited 41×
• Mello v. State
  Tex. App. Ct., 11th Dist. (Eastland)· 1991-06-19· cited 36×
• Torres v. State
  Tex. App. Ct., 4th Dist. (San Antonio)· 1998-03-31· cited 32×
• Tissier v. State
  Tex. App. Ct., 1st Dist. (Houston)· 1990-09-19· cited 29×
• Little v. State
  Court of Criminal Appeals of Texas· 1983-11-02· cited 28×
• Brunson v. State
  Court of Appeals of Texas· 1989-01-25· cited 28×
• Gay v. State
  Court of Appeals of Texas· 2007-08-23· cited 24×
• Johnson v. State
  Tex. App. Ct., 10th Dist. (Waco)· 1992-04-01· cited 24×
• Thompson v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2007-06-20· cited 19×