Santana 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 the defendant did not face double jeopardy because, “if prosecuted again, [he] may avail himself of the entire record and not merely the charging instrument”
• recognizing that the surplusage rule and the Burrell exception were overruled in Gollihar
• recognizing that the surplusage rule and the Burrell exception were overruled in Gollihar
• noting that, in variance law, it is the defendant’s burden to demonstrate prejudice to a substantial right
• stating that, if prosecuted again, the defendant may avail himself of the entire record and not merely the charging instrument to avoid subsequent prosecution for the same offense
• stating, \We explicitly overruled the surplusage rule and the Burrell exception in Gollihar .\

Source: CourtListener parenthetical corpus (CC0).

Cited by

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

• Williams v. State
  Court of Criminal Appeals of Texas· 2008-11-26· cited 137×
• Brown v. State
  Tex. App. Ct., 6th Dist. (Texarkana)· 2005-06-15· cited 67×
• Ex Parte Bailey v. State
  Court of Criminal Appeals of Texas· 2002-10-09· cited 49×
• Hart v. State
  Tex. App. Ct., 6th Dist. (Texarkana)· 2005-08-24· cited 47×
• Roy v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2002-03-07· cited 44×
• Romeo Hinojosa v. State
  Tex. App. Ct., 4th Dist. (San Antonio)· 2014-05-07· cited 41×
• Stafford v. State
  Tex. App. Ct., 9th Dist. (Beaumont)· 2008-02-20· cited 37×
• Rogers v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2006-06-22· cited 34×
• Flores v. State
  Tex. App. Ct., 6th Dist. (Texarkana)· 2004-10-06· cited 28×
• Jones v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2006-02-03· cited 17×
• Charlton v. State
  Tex. App. Ct., 5th Dist. (Dallas)· 2008-03-19· cited 14×
• Serna v. State
  Tex. App. Ct., 8th Dist. (El Paso)· 2002-03-20· cited 14×
• Alston v. State
  Tex. App. Ct., 10th Dist. (Waco)· 2005-11-08· cited 5×
• Bolyard v. State
  Tex. App. Ct., 11th Dist. (Eastland)· 2006-07-13· cited 2×
• Wade Eugene Dix v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2015-07-07
• Roderick Glenn v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2009-06-18
• Cornelius Russell Davis v. State
  Tex. App. Ct., 2nd Dist. (Fort Worth)· 2004-04-29
• in the Matter of I. R. H.
  Tex. App. Ct., 3rd Dist. (Austin)· 2002-08-08
• Walter Painter v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2002-07-26
• Harry Rutledge, Jr. v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2003-05-15

Cites

10 cases in this archive are cited by this case.

• Boykin v. State
  Court of Criminal Appeals of Texas· 1991-10-09· cited 1,829×
• Gollihar v. State
  Court of Criminal Appeals of Texas· 2001-05-16· cited 1,349×
• Ex Parte Torres
  Court of Criminal Appeals of Texas· 1997-04-16· cited 1,005×
• Human v. State
  Court of Criminal Appeals of Texas· 1988-03-16· cited 206×
• Burrell v. State
  Court of Criminal Appeals of Texas· 1975-06-11· cited 148×
• Whetstone v. State
  Court of Criminal Appeals of Texas· 1990-03-28· cited 130×
• Stevens v. State
  Court of Criminal Appeals of Texas· 1995-01-25· cited 117×
• Cole v. State
  Court of Criminal Appeals of Texas· 1981-01-28· cited 101×
• Howlett v. State
  Court of Criminal Appeals of Texas· 1999-06-09· cited 91×
• Plessinger v. State
  Court of Criminal Appeals of Texas· 1976-05-12· cited 71×