Tex. App. Ct., 1st Dist. (Houston)· 2/10/2010
Martinez v. State
Citations
- 313 S.W.3d 358
- 2009 WL 2961266
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that in light of the evidence of Martinez’s guilt of aggravated robbery and criminal history, the evidence of his 27 unadjudicated offenses did not make the case for punishment clearly more persuasive
- holding that trial court has this duty regardless of whether defendant requests instruction
- holding that “maximum punishment alone does not indicate egregious harm” and that “[t]here is no 16 egregious harm if the jury would still have assessed a life sentence, even if properly instructed . . . .”
- holding that where defendant did not present evidence challenging State’s version of extraneous offenses, jury likely believed the evidence beyond a reasonable doubt, and inclusion of reasonable-doubt instruction “would not have made a difference in how the jury considered the evidence”
- noting that the whole charge weighed neither for nor against a finding of egregious harm
- concluding, when charge at issue contained similar instruction but no beyond reasonable doubt instruction, that charge itself weighed neither for nor against egregious harm finding
Source: CourtListener parenthetical corpus (CC0).
Judges: Elsa Alcala
Read full opinion on CourtListenerCited by
42 cases in this archive cite this case; the 20 most cited are listed.
- Donald v. StateCourt of Appeals of Texas· 2018-02-27· cited 40×
- Orellana v. StateCourt of Appeals of Texas· 2016-03-10· cited 21×
- James Tyrone Riggs v. StateTex. App. Ct., 10th Dist. (Waco)· 2015-12-10· cited 20×
- Michael Jason Tucker v. StateTex. App. Ct., 4th Dist. (San Antonio)· 2014-10-08· cited 18×
- Darrel Wayne Loge v. StateTex. App. Ct., 14th Dist. (Houston)· 2018-05-22· cited 14×
- Rachal v. ReitzTex. App. Ct., 5th Dist. (Dallas)· 2011-07-22· cited 5×
- Timothy Spivy v. StateTex. App. Ct., 1st Dist. (Houston)· 2014-11-07
- Christopher Redic v. StateTex. App. Ct., 11th Dist. (Eastland)· 2015-06-25
- Joseph James Bishop v. StateTex. App. Ct., 3rd Dist. (Austin)· 2012-04-18
- Ladondrell Montgomery v. StateTex. App. Ct., 14th Dist. (Houston)· 2014-08-14
- Frank Ernest Gomez v. StateTex. App. Ct., 14th Dist. (Houston)· 2012-12-11
- Casey Demon Carmon v. StateTex. App. Ct., 14th Dist. (Houston)· 2012-05-22
- in the Matter of J.L., a ChildTex. App. Ct., 7th Dist. (Amarillo)· 2015-03-06
- Ceasar O. Escamilla v. StateTex. App. Ct., 2nd Dist. (Fort Worth)· 2014-09-11
- Juan Manuel Deleon v. StateTex. App. Ct., 2nd Dist. (Fort Worth)· 2014-08-14
- William Charles Webb v. StateTex. App. Ct., 10th Dist. (Waco)· 2012-10-18
- Johnny Martinez v. StateTex. App. Ct., 8th Dist. (El Paso)· 2013-01-23
- Vanessa Zuniga v. StateTex. App. Ct., 13th Dist.· 2012-06-21
- Bennie Lee Walker v. StateTex. App. Ct., 13th Dist.· 2011-12-29
- Willie Dewayne Roland v. StateTex. App. Ct., 1st Dist. (Houston)· 2014-06-19
Cites
33 cases in this archive are cited by this case; the 20 most cited are listed.
- Strickland v. WashingtonSupreme Court· 1984-06-25· cited 123,578×
- Anders v. CaliforniaSupreme Court· 1967-05-08· cited 87,848×
- Almanza v. StateCourt of Criminal Appeals of Texas· 1985-02-27· cited 6,557×
- Johnson v. StateCourt of Criminal Appeals of Texas· 2000-02-09· cited 6,445×
- Thompson v. StateCourt of Criminal Appeals of Texas· 1999-10-13· cited 6,146×
- Watson v. StateCourt of Criminal Appeals of Texas· 2006-10-18· cited 4,543×
- Sims v. StateCourt of Criminal Appeals of Texas· 2003-03-12· cited 2,381×
- Ngo v. StateCourt of Criminal Appeals of Texas· 2005-03-16· cited 2,169×
- Lancon v. StateCourt of Criminal Appeals of Texas· 2008-05-14· cited 1,537×
- Hutch v. StateCourt of Criminal Appeals of Texas· 1996-04-03· cited 1,524×
- Abdnor v. StateCourt of Criminal Appeals of Texas· 1994-01-26· cited 1,398×
- Mitchell v. StateCourt of Criminal Appeals of Texas· 2002-01-30· cited 850×
- Middleton v. StateCourt of Criminal Appeals of Texas· 2003-04-23· cited 572×
- Huizar v. StateCourt of Criminal Appeals of Texas· 2000-02-23· cited 526×
- Stuhler v. StateCourt of Criminal Appeals of Texas· 2007-01-24· cited 526×
- Vodochodsky v. StateCourt of Criminal Appeals of Texas· 2005-03-16· cited 433×
- Granados v. StateCourt of Criminal Appeals of Texas· 2002-05-08· cited 418×
- Allen v. StateCourt of Criminal Appeals of Texas· 2008-05-07· cited 404×
- Ellison v. StateCourt of Criminal Appeals of Texas· 2002-10-02· cited 379×
- Apolinar v. StateCourt of Criminal Appeals of Texas· 2005-02-02· cited 360×
Sourced from CourtListener / Free Law Project (CC0).
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