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Court of Criminal Appeals of Texas· 1/29/2014

Schmutz v. State

Citations

  • 440 S.W.3d 29
  • 2014 WL 300810
  • 2014 Tex. Crim. App. LEXIS 121

How courts have described this case

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

  • holding that, even after the enactment of Rule 44.2, “[o]nly structural error requires reversal without any harm analysis”
  • holding that venue error is non-constitutional and subject to a harmless error analysis under article 44.2(b) of the Texas Rules of Appellate Procedure
  • concluding that venue error does not render the evidence legally insufficient because venue is not an element of the offense Love–23 that the State must prove beyond a reasonable doubt
  • recognizing that “venue is not an ‘element of the offense’ under Texas law” and clarifying that proper venue may be presumed unless it is disputed in the trial court or the record affirmatively demonstrates otherwise
  • noting that appellate courts consider entire record, including defensive theories, in harm analysis
  • noting failure to prove venue is treated as non-constitutional error and analyzed under Rule 44.2(b)

Source: CourtListener parenthetical corpus (CC0).

Judges: J-J, Keller, Price, Womack, Johnson, Hervey, Cochran, Keasler, Meyers

Read full opinion on CourtListener

Cited by

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

Cites

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

Other cases named Schmutz v. State

1 other CourtListener record shares this case name.

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.