Marshall 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 a victim’s testimony alone was enough to convict the defendant of impeding breath or circulation
• recognizing that simple assault may be enhanced to a third-degree felony committed against a family member by occlusion
• recognizing that simple assault may be enhanced to a third-degree felony if it is committed against a family member by impeding breath or circulation
• concluding that omission from charge of element of offense did not cause egregious harm in part because omission did not vitally affect defensive theory of case
• holding that evidence was sufficient to show impeded breath where complainant testified that defendant tried to smother her with a pillow, and she could not take deep breaths but did not lose consciousness and was never completely unable to breathe
• explaining that the jury “only needed to determine whether the evidence supported a finding that he impeded Shawne’s breathing, thereby finding bodily injury per se”

Source: CourtListener parenthetical corpus (CC0).

Cited by

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

• Ambrose, Cynthia
  Court of Criminal Appeals of Texas· 2016-04-27· cited 105×
• Hernandez v. State
  Court of Criminal Appeals of Texas· 2017-10-18· cited 73×
• United States v. Curtis Howell
  Fifth Circuit· 2016-09-22· cited 70×
• Kevin Lee Farris v. State
  Court of Appeals of Texas· 2016-09-02· cited 13×
• Gilbert v. State
  Court of Appeals of Texas· 2016-03-08· cited 11×
• United States v. Latroy Burris
  Fifth Circuit· 2018-06-18· cited 10×
• Meza v. State
  Court of Appeals of Texas· 2017-10-04· cited 7×
• Vanessa Ivanova Sada v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2019-03-12· cited 1×
• Jesus Eduardo Sanchez v. State
  Tex. App. Ct., 8th Dist. (El Paso)· 2016-05-04
• Robert Downing v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2016-05-19
• Juan Trevino v. State
  Tex. App. Ct., 6th Dist. (Texarkana)· 2016-05-25
• Tonieka Renea McIlvennia, AKA Tonieka Reanea McIlvenna, AKA Tonieka Renea Burnside, AKA Tonieka James v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2016-06-10
• Octavio Amaro v. State
  Tex. App. Ct., 8th Dist. (El Paso)· 2016-06-14
• Jacob Jordann Bright v. State
  Tex. App. Ct., 7th Dist. (Amarillo)· 2016-06-29
• Jose Luis Flores, Jr. v. State
  Tex. App. Ct., 4th Dist. (San Antonio)· 2016-09-28
• Seth Roberts v. State
  Tex. App. Ct., 7th Dist. (Amarillo)· 2016-10-11
• Christopher Roberts v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2016-10-26
• Conard A. Hargest v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2016-10-25
• Kielle Dromone McNeal v. State
  Tex. App. Ct., 5th Dist. (Dallas)· 2016-11-08
• Tiray I. Oates v. State
  Tex. App. Ct., 5th Dist. (Dallas)· 2016-11-04

Cites

17 cases in this archive are cited by this case.

• Jackson v. Virginia
  Supreme Court· 1979-10-01· cited 79,490×
• Almanza v. State
  Court of Criminal Appeals of Texas· 1985-02-27· cited 6,557×
• Brooks v. State
  Court of Criminal Appeals of Texas· 2010-10-06· cited 6,365×
• Malik v. State
  Court of Criminal Appeals of Texas· 1997-09-10· cited 4,984×
• Curry v. State
  Court of Criminal Appeals of Texas· 2000-09-20· cited 1,894×
• Boykin v. State
  Court of Criminal Appeals of Texas· 1991-10-09· cited 1,829×
• Arline v. State
  Court of Criminal Appeals of Texas· 1986-12-10· cited 777×
• Stuhler v. State
  Court of Criminal Appeals of Texas· 2007-01-24· cited 526×
• Reeves, Gary Patrick
  Court of Criminal Appeals of Texas· 2013-09-18· cited 445×
• Taylor v. State
  Court of Criminal Appeals of Texas· 2011-03-09· cited 431×
• Landrian v. State
  Court of Criminal Appeals of Texas· 2008-10-08· cited 344×
• Price, Eric Ray
  Court of Criminal Appeals of Texas· 2015-04-15· cited 280×
• Lane v. State
  Court of Criminal Appeals of Texas· 1989-01-25· cited 278×
• Sanchez, Orlando
  Court of Criminal Appeals of Texas· 2012-05-16· cited 257×
• Gelinas, James Henry
  Court of Criminal Appeals of Texas· 2013-05-15· cited 238×
• Garcia, Aima Lorena
  Court of Criminal Appeals of Texas· 2012-06-06· cited 234×
• Geick v. State
  Court of Criminal Appeals of Texas· 2011-10-05· cited 111×