Holmes 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 appellant did not waive right to article 38.23 instruction in failing to object to introduction of evidence when “he raised a fact issue regarding the legality of the seizure of the cocaine”
• lawfulness of seizure may be challenged by: (1) pre-trial suppression motion; (2) trial objection; or (3) raising fact issue under article 38.23
• lawfulness of seizure may be challenged by: (1) pre-trial suppression motion; (2) trial objection; or (3) raising fact issue under article 38.23
• “We conclude here, as we did in Bell, that appellant did not waive his right to an article 38.23 instruction, and because he raised a fact issue regarding the legality of the seizure of the cocaine, he was entitled to such an instruction.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

10 cases in this archive cite this case.

• Holmes v. State
  Court of Criminal Appeals of Texas· 2008-03-05· cited 217×
• Travis Lynn Grubbs v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2013-08-22· cited 13×
• Doremus v. State
  Court of Appeals of Texas· 2017-08-15· cited 4×
• Ronald Lamont Guyton v. State
  Tex. App. Ct., 10th Dist. (Waco)· 2009-02-06
• Tina Mashelle Strain v. State
  Tex. App. Ct., 12th Dist. (Tyler)· 2008-11-26
• Dernarvice C. Mitchell v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2009-08-20
• Holmes, Billy
  Court of Criminal Appeals of Texas· 2008-03-05
• Andre Todd Watson v. State
  Tex. App. Ct., 5th Dist. (Dallas)· 2015-06-24
• Bolen, Chance Douglas
  Court of Appeals of Texas· 2015-12-15
• Romel Gaitan, Jr. v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2018-07-26

Cites

10 cases in this archive are cited by this case.

• Almanza v. State
  Court of Criminal Appeals of Texas· 1985-02-27· cited 6,557×
• Arline v. State
  Court of Criminal Appeals of Texas· 1986-12-10· cited 777×
• Bufkin v. State
  Court of Criminal Appeals of Texas· 2006-11-01· cited 247×
• Atkinson v. State
  Court of Criminal Appeals of Texas· 1996-05-01· cited 186×
• Pickens v. State
  Court of Criminal Appeals of Texas· 2005-06-22· cited 152×
• Bell v. State
  Court of Appeals of Texas· 1994-06-30· cited 47×
• Bufkin v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2005-10-20· cited 41×
• Graham v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2006-08-24· cited 18×
• Jackson v. State
  Tex. App. Ct., 1st Dist. (Houston)· 1994-11-23· cited 17×
• Johnson v. State
  Tex. App. Ct., 4th Dist. (San Antonio)· 1987-11-25· cited 14×