McKithan v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding offensive-contact assault is not lesser included offense of bodily-injury assault because State need not establish that contact was offensive to show defendant caused complainant bodily injury
• applying cognate-pleadings approach to conclude offensive- contact assault was not a lesser included offense of bodily-injury assault
• affirming lower court’s judgment concluding that trial court did not err in refusing to include instruction on offenses which were not as a matter of law lesser-included offenses of the greater offense
• affirming lower court‟s judgment concluding that trial court did not err in refusing to include instruction on offenses which were not as a matter of law lesser-included offenses of the greater offense
• “The relevant inquiry is not what the evidence may show but what the State is required to prove to establish the charged offense.”
• ―The relevant inquiry is not what the evidence may show but what the State is required to prove to establish the charged offense.‖

Source: CourtListener parenthetical corpus (CC0).

Cited by

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

• Cavazos, Abraham
  Court of Criminal Appeals of Texas· 2012-10-31· cited 377×
• SWEED v. State
  Court of Criminal Appeals of Texas· 2011-10-19· cited 216×
• Rice v. State
  Court of Criminal Appeals of Texas· 2011-03-09· cited 215×
• State of Texas v. Meru, Mark
  Court of Criminal Appeals of Texas· 2013-11-27· cited 112×
• Loving v. State
  Court of Criminal Appeals of Texas· 2013-06-26· cited 100×
• Ritcherson, Kaitlyn Lucretia
  Court of Criminal Appeals of Texas· 2018-12-12· cited 58×
• Bien v. State
  Court of Criminal Appeals of Texas· 2018-06-06· cited 51×
• Safian v. State
  Court of Criminal Appeals of Texas· 2018-03-21· cited 47×
• Thien Quoc Nguyen v. State
  Tex. App. Ct., 6th Dist. (Texarkana)· 2016-11-09· cited 25×
• United States v. Albin Torres
  Fifth Circuit· 2019-05-06· cited 15×
• Vincent Eric Beasley v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2012-07-26· cited 14×
• Knott v. State
  Court of Appeals of Texas· 2017-02-10· cited 12×
• Jeremy Patrick Shakesnider v. State
  Court of Appeals of Texas· 2015-10-15· cited 10×
• Anthony Craig Mathis v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2014-08-21· cited 7×
• Brandon Wayne Cannon v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2013-05-21· cited 7×
• Ex Parte Merle Lester Pritzkau
  Tex. App. Ct., 9th Dist. (Beaumont)· 2012-12-05· cited 6×
• Daniel Glenn Crippen v. State of Texas
  Tex. App. Ct., 11th Dist. (Eastland)· 2012-04-05· cited 6×
• Tyrell Darnell Smith v. State
  Tex. App. Ct., 6th Dist. (Texarkana)· 2015-05-01· cited 3×
• Valencia v. State
  Court of Appeals of Texas· 2016-01-21· cited 1×
• Juan Rivera Roman v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2010-12-09

Cites

20 cases in this archive are cited by this case.

• Hall v. State
  Court of Criminal Appeals of Texas· 2007-05-09· cited 1,181×
• Feldman v. State
  Court of Criminal Appeals of Texas· 2002-02-20· cited 654×
• Landrian v. State
  Court of Criminal Appeals of Texas· 2008-10-08· cited 344×
• Trejo v. State
  Court of Criminal Appeals of Texas· 2009-04-01· cited 250×
• Jacob v. State
  Court of Criminal Appeals of Texas· 1995-02-01· cited 213×
• Ex Parte Watson
  Court of Criminal Appeals of Texas· 2009-12-16· cited 205×
• Evans v. State
  Court of Criminal Appeals of Texas· 2009-12-16· cited 156×
• Salazar v. State
  Court of Criminal Appeals of Texas· 2009-06-03· cited 86×
• Edwards v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2003-01-09· cited 84×
• Wisdom v. State
  Court of Criminal Appeals of Texas· 1986-04-23· cited 75×
• Brown v. State
  Court of Criminal Appeals of Texas· 1978-11-29· cited 59×
• Farrakhan v. State
  Court of Criminal Appeals of Texas· 2008-03-12· cited 58×
• Schmidt v. State
  Court of Criminal Appeals of Texas· 2009-03-11· cited 53×
• Walker v. State
  Court of Appeals of Texas· 2003-01-09· cited 45×
• Aguilar v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2008-06-05· cited 38×
• Gonzales v. State
  Tex. App. Ct., 4th Dist. (San Antonio)· 1999-06-30· cited 37×
• Farrakhan v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2007-05-02· cited 36×
• Ramos v. State
  Tex. App. Ct., 1st Dist. (Houston)· 1998-08-20· cited 31×
• Trejo v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2008-01-10· cited 21×
• In re A.E.B.
  Court of Appeals of Texas· 2008-04-29· cited 18×