Owens 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 extraneous offense was inadmissible because the similarities between the charged offense and extraneous offense were not so unusual or particularized as to signal conclusively that they were the handiwork of the same person
• concluding extraneous offense evidence should not have been admitted in prosecution for aggravated sexual assault of child where only ultimate fact to be resolved by jury was whether criminal offense occurred as alleged by complainant
• concluding extraneous offense evidence should not have been admitted in prosecution for aggravated sexual assault of child where only ultimate fact to be resolved by jury was whether criminal offense occurred as alleged by complainant
• noting that evidence of a defendant's particular modus operandi is a recognized exception to the general rule precluding extraneous offense evidence because the modus operandi evidence tends to prove a material fact at issue, other than propensity
• finding error in instruction that jury consider extraneous evidence only for limited purpose of “determining the system of the Defendant” because no evidence at trial showed that extraneous offense was “the system or unusual handiwork of defendant”
• extraneous offense evidence was inadmissible where only fact to be resolved in aggravated sexual assault prosecution was whether criminal offense occurred as alleged

Source: CourtListener parenthetical corpus (CC0).

Cited by

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

• Casey v. State
  Court of Criminal Appeals of Texas· 2007-02-28· cited 971×
• Rankin v. State
  Court of Criminal Appeals of Texas· 1998-07-08· cited 614×
• Hartsfield v. State
  Tex. App. Ct., 6th Dist. (Texarkana)· 2010-03-09· cited 543×
• Herrera v. State
  Court of Criminal Appeals of Texas· 2007-11-21· cited 463×
• Martin v. State
  Court of Criminal Appeals of Texas· 2005-10-05· cited 412×
• Oldham v. State
  Court of Criminal Appeals of Texas· 1998-09-30· cited 392×
• Johnston v. State
  Court of Criminal Appeals of Texas· 2004-09-15· cited 247×
• Webb v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2000-12-28· cited 214×
• Page v. State
  Court of Criminal Appeals of Texas· 2006-12-20· cited 201×
• Taylor v. State
  Court of Criminal Appeals of Texas· 1996-04-24· cited 170×
• Rhodes v. State
  Court of Criminal Appeals of Texas· 2007-11-07· cited 163×
• Ex Parte Goodbread
  Court of Criminal Appeals of Texas· 1998-03-25· cited 160×
• Allen v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2008-03-25· cited 148×
• Rankin v. State
  Court of Criminal Appeals of Texas· 1997-10-22· cited 141×
• Blackwell v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2006-06-07· cited 139×
• Bishop v. State
  Court of Criminal Appeals of Texas· 1993-11-24· cited 135×
• Kober v. State
  Court of Criminal Appeals of Texas· 1999-03-10· cited 124×
• DeLeon v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2002-05-08· cited 118×
• Dossett v. State
  Tex. App. Ct., 4th Dist. (San Antonio)· 2007-02-28· cited 94×
• Washington v. State
  Court of Criminal Appeals of Texas· 1993-06-23· cited 87×

Cites

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

• Albrecht v. State
  Court of Criminal Appeals of Texas· 1972-09-25· cited 705×
• Boutwell v. State
  Court of Criminal Appeals of Texas· 1985-04-24· cited 223×
• Miller v. State
  Court of Criminal Appeals of Texas· 1991-06-05· cited 194×
• United States v. Marvin Leo Beasley
  Seventh Circuit· 1987-01-09· cited 184×
• Ford v. State
  Court of Criminal Appeals of Texas· 1972-06-07· cited 160×
• Gonzales v. State
  Court of Criminal Appeals of Texas· 1991-09-18· cited 138×
• Murphy v. State
  Court of Criminal Appeals of Texas· 1979-10-10· cited 135×
• Black v. State
  Court of Criminal Appeals of Texas· 1986-11-05· cited 123×
• Templin v. State
  Court of Criminal Appeals of Texas· 1986-04-23· cited 121×
• Woodfox v. State
  Court of Criminal Appeals of Texas· 1987-12-02· cited 109×
• Adkins v. State
  Court of Criminal Appeals of Texas· 1988-11-23· cited 103×
• Collazo v. State
  Court of Criminal Appeals of Texas· 1981-09-30· cited 92×
• Zani v. State
  Court of Criminal Appeals of Texas· 1988-09-27· cited 72×
• Abdnor v. State
  Court of Criminal Appeals of Texas· 1991-05-15· cited 48×
• Messenger v. State
  Court of Criminal Appeals of Texas· 1982-09-22· cited 43×
• Jones v. State
  Court of Appeals of Texas· 1986-08-13· cited 32×
• Rogers v. State
  Court of Criminal Appeals of Texas· 1980-04-16· cited 26×
• United States v. Salvatore Gruttadauro
  Seventh Circuit· 1987-06-24· cited 24×
• Jones v. State
  Court of Criminal Appeals of Texas· 1986-11-26· cited 17×
• Adkins v. State
  Tex. App. Ct., 8th Dist. (El Paso)· 1987-03-04· cited 14×