Shute 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 double jeopardy clause does not bar retrial on a lesser included offense when the first trial was a bench trial and there was sufficient evidence for the trial judge to find defendant guilty of the lesser offense
• holding that the double jeopardy clause does not bar retrial on a lesser included offense when the first trial was a bench trial and there was sufficient evidence for the trial judge to find defendant guilty of the lesser offense
• holding that the double jeopardy clause does not bar retrial on a lesser included offense when the first trial was a bench trial and there was sufficient evidence for the trial judge to find defendant guilty of the lesser offense
• observing attempted murder may be a lesser-included offense of attempted capital murder

Source: CourtListener parenthetical corpus (CC0).

Cited by

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

• Collier v. State
  Court of Criminal Appeals of Texas· 1999-09-29· cited 244×
• Leach v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2000-12-21· cited 76×
• John Lee Shute v. State of Texas and Tommy Thomas
  Fifth Circuit· 1997-07-03· cited 47×
• Mapes v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2006-04-06· cited 42×
• Eber Martinez v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2014-10-07· cited 27×
• Watson v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 1996-05-29· cited 25×
• Aaron Lashley v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2013-05-02· cited 20×
• Brown v. State
  Tex. App. Ct., 10th Dist. (Waco)· 2000-12-13· cited 18×
• Smith v. State
  Court of Appeals of Maryland· 2009-12-30· cited 15×
• Barfield v. State
  Tex. App. Ct., 14th Dist. (Houston)· 1999-06-17· cited 10×
• Shute v. State
  Tex. App. Ct., 1st Dist. (Houston)· 1997-04-10· cited 9×
• Ex parte Navarro
  Court of Appeals of Texas· 2017-04-06· cited 7×
• Young v. State
  Court of Appeals of Texas· 1999-06-10· cited 5×
• Rodney Dewayne Davis v. State
  Tex. App. Ct., 13th Dist.· 2002-10-17· cited 4×
• In the Matter of D. D.
  Court of Appeals of Texas· 2003-03-13· cited 4×
• Leggett, Anthony v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2003-04-24· cited 3×
• In the MATTER OF M.L.M., a Juvenile
  Tex. App. Ct., 8th Dist. (El Paso)· 2015-01-30· cited 2×
• Shute v. State of Texas
  Fifth Circuit· 1997-08-04
• in the Matter of R.H.
  Tex. App. Ct., 2nd Dist. (Fort Worth)· 2006-06-15
• Jon Richard Orlando v. State
  Tex. App. Ct., 2nd Dist. (Fort Worth)· 2009-06-04

Cites

5 cases in this archive are cited by this case.

• Cunningham v. State
  Court of Criminal Appeals of Texas· 1987-03-18· cited 144×
• Ex Parte Granger
  Court of Criminal Appeals of Texas· 1993-02-10· cited 140×
• Mello v. State
  Tex. App. Ct., 11th Dist. (Eastland)· 1991-06-19· cited 36×
• Shute v. State
  Court of Appeals of Texas· 1991-09-11· cited 6×
• Shute v. State
  Court of Appeals of Texas· 1993-10-20· cited 5×