Schaffer v. State

How courts have described this case

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

• recognizing that the “statute is clear as to the precure to be used” once a defendant is returned to the committing court
• abating appeal for trial court to make retrospective judicial determination of competency
• abating an appeal because the record did not contain a judgment, order, docket sheet entry, or other evidence that the trial court ever made a determination of competency after the appellant's return from a mental health facility.
• “What may be obvious to the State is lacking in the record.”
• “Since there was no judicial determination of appellant’s competency to stand trial prior to the trial on the merits after he had earlier been found incompetent to stand trial by a verdict of a jury, the judgment is reversed and the cause remanded.”
• requiring additional evidence that trial court made competency finding

Source: CourtListener parenthetical corpus (CC0).

Cited by

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

• Crosson v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2000-12-21· cited 34×
• Bradford v. State
  Court of Appeals of Texas· 2005-06-23· cited 34×
• Fuller v. State
  Court of Appeals of Texas· 2000-07-07· cited 25×
• Cooper v. State
  Tex. App. Ct., 2nd Dist. (Fort Worth)· 2010-12-30· cited 21×
• Hermilo Moralez v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2014-11-04· cited 18×
• Schaffer v. State
  Court of Criminal Appeals of Texas· 1983-05-11· cited 16×
• Fuller v. State
  Tex. App. Ct., 6th Dist. (Texarkana)· 2000-01-13· cited 15×
• Byrd v. State
  Tex. App. Ct., 5th Dist. (Dallas)· 1986-09-29· cited 12×
• Sibug v. State
  Court of Appeals of Maryland· 2015-11-25· cited 7×
• Schaffer v. State
  Court of Criminal Appeals of Texas· 1979-12-05· cited 6×
• Manning v. State
  Tex. App. Ct., 5th Dist. (Dallas)· 1985-11-05· cited 5×
• Sussette Sheree Timmons v. State
  Tex. App. Ct., 8th Dist. (El Paso)· 2016-10-26· cited 5×
• Moss v. State
  Court of Appeals of Texas· 1986-02-12· cited 3×
• Michael Duane Holt v. State
  Tex. App. Ct., 6th Dist. (Texarkana)· 2015-06-19
• Pedro Rangel Jr v. State
  Tex. App. Ct., 5th Dist. (Dallas)· 2015-08-19
• Alice Bradford v. State
  Tex. App. Ct., 2nd Dist. (Fort Worth)· 2005-08-11
• Alice Bradford v. State
  Tex. App. Ct., 2nd Dist. (Fort Worth)· 2005-06-23
• Quentin Paul Freeman, Sr. v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2008-09-19
• Alvie Eugene Bingham v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2008-09-19
• Quentin Paul Freeman, Sr. v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2008-03-05

Cites

2 cases in this archive are cited by this case.

• Hefley v. State
  Court of Appeals of Texas· 1972-05-12· cited 26×
• Nichols v. State
  Court of Criminal Appeals of Texas· 1973-11-21· cited 11×