Hood 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 had rebutted presumption of prosecutorial vindictiveness because trial court was entitled to believe assertion that State had mistakenly omitted enhancement paragraphs
• holding that prosecutor’s explanation that enhancement paragraphs were added to a new indictment because their absence was an oversight was an objective explanation that rebutted any presumption of vindictiveness
• holding State rebutted prosecutorial vindictiveness presumption because trial court was entitled to believe State’s assertion that it had mistakenly omitted enhancement paragraphs
• deciding “that a ‘mistake or oversight’ explanation is an ‘objective explanation’ that may be sufficient to rebut a presumption of prosecutorial vindictiveness especially when as here, a prosecutor does not merely deny his state of mind was motivated by vindictiveness”
• “In the instant case, there is a presumption of prosecutorial vindictiveness because the defendant was convicted, he successfully appealed, and the State thereafter filed additional enhancements.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

20 cases in this archive cite this case.

• Ex Parte Miller
  Court of Criminal Appeals of Texas· 2010-09-22· cited 142×
• Ex Parte Legrand
  Tex. App. Ct., 14th Dist. (Houston)· 2009-07-16· cited 31×
• McNatt v. State
  Court of Criminal Appeals of Texas· 2006-03-29· cited 25×
• Frabon Crocker v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2013-01-24· cited 21×
• Ortegon v. State
  Tex. App. Ct., 7th Dist. (Amarillo)· 2008-10-22· cited 18×
• Baldemoro Ortegon v. State
  Tex. App. Ct., 7th Dist. (Amarillo)· 2008-09-16
• Brett Johnson v. State
  Tex. App. Ct., 7th Dist. (Amarillo)· 2009-10-30
• State v. Rodolfo Delgado
  Tex. App. Ct., 13th Dist.· 2009-06-04
• Ex Parte Trudy Lynn Legrand
  Tex. App. Ct., 14th Dist. (Houston)· 2009-04-21
• McNatt, II, James Plamon
  Court of Criminal Appeals of Texas· 2006-03-29
• Miller, Ex Parte Carl Eddie
  Court of Criminal Appeals of Texas· 2009-10-28
• Miller, Ex Parte Carl Eddie
  Court of Criminal Appeals of Texas· 2010-09-22
• Luis Amaya v. State
  Tex. App. Ct., 8th Dist. (El Paso)· 2013-10-09
• Joseph John Flores II v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2013-02-26
• Florentino Richard Gonzales v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2021-04-20
• the State of Texas v. Ivan Gabaldon
  Tex. App. Ct., 8th Dist. (El Paso)· 2023-02-07
• Dewayne Lee Waldrup v. the State of Texas
  Tex. App. Ct., 9th Dist. (Beaumont)· 2023-06-21
• Dewayne Lee Waldrup v. the State of Texas
  Tex. App. Ct., 9th Dist. (Beaumont)· 2023-09-13
• Ezekiel Ramirez v. the State of Texas
  Tex. App. Ct., 13th Dist.· 2025-08-14
• Joshua Thomas Fulbright v. the State of Texas
  Tex. App. Ct., 2nd Dist. (Fort Worth)· 2026-05-28

Cites

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

• Batson v. Kentucky
  Supreme Court· 1986-04-30· cited 16,401×
• North Carolina v. Pearce
  Supreme Court· 1969-06-23· cited 7,763×
• Bordenkircher v. Hayes
  Supreme Court· 1978-03-06· cited 2,683×
• Blackledge v. Perry
  Supreme Court· 1974-05-20· cited 1,945×
• United States v. Goodwin
  Supreme Court· 1982-06-18· cited 1,581×
• Colten v. Kentucky
  Supreme Court· 1972-06-12· cited 1,156×
• Reyna v. State
  Court of Criminal Appeals of Texas· 2005-06-29· cited 776×
• Texas v. McCullough
  Supreme Court· 1986-02-26· cited 534×
• State v. Guzman
  Court of Criminal Appeals of Texas· 1998-01-28· cited 219×
• Neal v. State
  Court of Criminal Appeals of Texas· 2004-11-17· cited 217×
• Bobby Hardwick v. Ollie Doolittle, Jailer and William Anderson, Sheriff
  Fifth Circuit· 1977-10-25· cited 158×
• United States v. Tallice Andrews and Thurston Brooks
  Sixth Circuit· 1980-09-30· cited 113×
• United States v. Michael Patrick Doran
  Tenth Circuit· 1990-01-08· cited 91×
• Teplitsky v. Bureau of Compensation
  Supreme Court· 1978-01-23· cited 91×
• United States v. Herman v. Krezdorn
  Fifth Circuit· 1984-02-27· cited 84×
• Hughes v. District Attorney for Atlanta
  Supreme Court· 1971-04-19· cited 70×
• United States v. Maddox
  D.C. Circuit· 2001-01-12· cited 68×
• Billy Wayne Miracle v. W. J. Estelle, Jr., Director, Texas Dept. Of Corrections
  Fifth Circuit· 1979-04-10· cited 60×
• Bouie v. State
  Court of Criminal Appeals of Texas· 1978-05-17· cited 39×
• Hood v. State
  Tex. App. Ct., 7th Dist. (Amarillo)· 1997-04-29· cited 34×