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· 12/10/2014

Saenz, Kimberly Clark

Citations

  • 451 S.W.3d 388
  • 2014 Tex. Crim. App. LEXIS 1915
  • 2014 WL 6967638

How courts have described this case

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

  • holding that unanimity requirement was violated where charge did not require jury to select specific victim from among multiple alleged victims
  • holding that, when appellant does not object to the jury charge, the case will be remanded to the court of appeals so that the trial court’s error can be analyzed for egregious harm under Almanza v. State, 686 S.W.2d 157, 171 (Tex. Crim. App. 1985) (op. on reh’g)
  • prosecution alleged that nurse killed five different dialysis patients by injecting each of them with bleach
  • jury’s rejection of defendant’s categorical denial of all accusations weighed against a finding of egregious harm in connection with the lack of a unanimity instruction
  • “The unanimity requirement is not violated by instructing the jury on alternate theories of committing the same offense”
  • jury must agree on all essential elements of a single offense

Source: CourtListener parenthetical corpus (CC0).

Judges: Womack, Keller, Price, Johnson, Hervey, Cochran, Alcala, Keasler, Meyers

Read full opinion on CourtListener

Sourced 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.