· 9/18/2013
Reeves, Gary Patrick
Citations
- 420 S.W.3d 812
- 2013 WL 5221142
- 2013 Tex. Crim. App. LEXIS 1317
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that, if the defendant did object at trial, he will obtain relief if the record shows that he suffered “some harm”
- recognizing that “some harm” means actual not merely theoretical harm
- holding court looks to jury instructions as a whole and not in isolation in assaying the harm arising from any jury-charge error
- noting that instructions from criminal pattern jury charges on provocation “subdivide the various issues into short lists that jurors may read and understand without undue difficulty”
- stating that “this less-stringent [harm] standard still requires the reviewing court to find that the defendant suffered some actual, rather than merely theoretical, harm from the error”
- holding arguments weighed in favor of harm where the State “read a portion of the erroneous charge to the jury,” “emphasized the improper instruction,” and “brought it to the front of the jurors’ minds”
Source: CourtListener parenthetical corpus (CC0).
Judges: Cochran
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.